Local Government (Scotland) Act 1973

• (b) in subsection (3), the words from “ or if ” onwards shall cease to have effect.

The Restriction of Ribbon Development Act 1935

15

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

The Harbours, Piers and Ferries (Scotland) Act 1937

16

In section 10(5) (application of 1847 Act), the words from “ and if ” onwards shall cease to have effect.

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

17

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

The Water (Scotland) Act 1946

18

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

19

In section 9 (water for domestic purposes), the words from " and the Secretary " onwards shall cease to have effect.

20

In section 24(1) (power to carry out works), the proviso shall cease to have effect.

21

In section 29(2) (local authority may provide wells, etc.), in the proviso, the words from " and any " onwards shall cease to have effect.

22

In section 53 (provision of water supply for new buildings), in subsection (1), the words from " in accordance " to " may make ", and subsection (4) shall cease to have effect.

23

In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 19, the words from "Any dispute " onwards, and in paragraph 24(2), the words from " or as " onwards, shall cease to have effect.

The Local Government Act 1948

24

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

The Highways (Provision of Cattle-Grids) Act 1950

25

Sections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.

The Pet Animals Act 1951

26

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

The Food and Drugs (Scotland) Act 1956

27

In section 21 (provision of cold stores by local authority), in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards shall cease to have effect, and subsections (2) and (3) shall cease to have effect.

28

Section 22(2) (notification of cases of food poisoning) shall cease to have effect.

The Weights and Measures Act 1963

29

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

30

In section 5(3) (working standards etc.), the words " and approved for the purpose by the Board " shall cease to have effect.

31

In section 44(1) (inspector's fees), the words " with the consent of the Board " shall cease to have effect.

The Animal Boarding Establishments Act 1963

32

In section 1(2) (licensing of boarding establishments for animals), the words “ not exceeding £2 ” shall cease to have effect.

The Riding Establishments Act 1964

33

In section 1(2) (licensing of riding establishments), for the words “a fee not exceeding £10” there shall be substituted the words “ such fee as may be set by the local authority ”.

The Road Traffic Regulation Act 1967

34

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

35

In section 29 (powers regarding off-street parking places), in subsection (1), the words from " exercisable " to " by him ", and subsection (2), shall cease to have effect.

36

In section 31(2) (use of parking places), the words from "and where " onwards shall cease to have effect.

37

In section 37(5) (supplementary provisions), for the words " the prescribed steps" there shall be substituted the words " such steps as appear to them to be appropriate ", for the words from " not less " to " occasions" there shall be substituted the word " afterwards " , and the words " in the prescribed manner " and the words from " and in this" onwards shall cease to have effect.

38

In section 44 (financial provisions), in subsection (2), in the proviso, the words from " but shall not" onwards shall cease to have effect, and in subsection (3)(c), the words "with the consent of the appropriate Minister " shall cease to have effect.

The Water (Scotland) Act 1961

39

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

The Countryside (Scotland) Act 1967

40

In section 41(1)(b) (ferries for purposes of long-distance routes), the words “ with the approval of the Secretary of State ” shall cease to have effect.

The Social Work (Scotland) Act 1968

41

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

The Transport Act 1968

42

In section 12(4) (borrowing powers of Executive), the words “ with the consent of the Minister ” shall cease to have effect.

43

In section 36 (power of local authority to run contract carriages), in subsection (2), the words “ subject to subsection (3) of this section ” shall cease to have effect, and subsections “ (3) to (8) ” shall cease to have effect.

44

In section 37 (power for local authorities to acquire or dispose of public service vehicle undertakings), in subsection (1), the words from “ with the consent ” to “ State ” shall cease to have effect, and subsection (2) shall cease to have effect.

45

In section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.

The Town and Country Planning (Scotland) Act 1972 .

46

In section 63(1) (proper maintenance of waste land), the words from “ then ” to “ State ” shall cease to have effect.

47

In section 84(1) (power to serve enforcement notice), the words from “ to any ” to “ State and ” shall cease to have effect.

48

In section 260 (default powers of Secretary of State), in subsection (1), the words from “ may give ” to “ confirmation or ” shall cease to have effect, and in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ” and the words from “ may give ” to “ notice or ” shall cease to have effect.

Schedule 26

1

Section 3 shall cease to have effect.

2

In section 5—

• (a) in subsection (1), for the words “the appointed day”, in both places where they occur, there shall be substituted the words “ 16th May 1975 ”;

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

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

(2A) The representatives appointed as commissioners by a local authority shall be persons appearing to the local authority to be persons sufficiently representing the interests of those respective parts of the area of that local authority as are specified in column 3 of Schedule 1 to this Act, and the number of persons appointed in respect of each part so specified shall be in accordance with the respective numbers specified in column 4 of the said Schedule 1. (2B) Of the representatives appointed in respect of each specified part of the area of a local authority, the respective number specified in column 5 of the said Schedule I shall be persons appearing to the local authority to be persons sufficiently representing the interests of freshwater fishing associations or clubs within that part.

3

In section 6(2)(a), before the word “burgh” there shall be inserted the word “ former ”.

4

In section 7(3), before the word “burgh” there shall be inserted the word “ former ”.

5

For Schedule 1 there shall be substituted the following Schedule—

Schedule 1

Local Authority	Number of Representatives	Part of Local Authority Area represented	Number of Representatives for each part of Local Authority Area	Number of Representativesof associations or clubs
1	2	3	4	5
District Council of Berwickshire.	9	Former Burgh of Coldstream.	2	1
		Former Burgh of Duns.	2	1
		Former Burgh of Eyemouth.	2	1
		Remainder of the Council’s area.	3	2
District Council of Roxburgh.	9	Former Burgh of Jedburgh.	2	1
		Former Burgh of Kelso	2	1
		Former Burgh of Hawick	2	1
		Remainder of the Council’s area.	3	2
District Council of Ettrick and Lauderdale.	11	Former Burgh of Selkirk	2	1
		Former Burgh of Lauder	2	1
		Former Burgh of Galashiels.	2	1
		Former Burgh of Melrose	2	1
		Remainder of the Council’s area	3	2
District Council of Tweeddale.	5	Former Burgh of Peebles	2	1
		Former Burgh of Innerleithen.	2	1
		Remainder of the Council’s area.	1
Berwick on Tweed District Council.	9	Former Borough of Berwick-upon-Tweed.	2	1
		The rural district of Norham and Islandshires.	2	1
		The rural district of Glendale.	4	3
		The remainder of the River Tweed catchment area within the County of Northumberland.	1

SCHEDULE 27

Part I — General Adaptation of Enactments

1

• (1) This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment.

• (2) Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act.

• (3) Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.

2

• (1) Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority.

• (2) Sub-paragraph (1) above shall not apply in any case—

• (a) to a reference to a specified officer of a local authority in an enactment mentioned in section 64(5) of this Act or any other enactment referring to an officer specified in such a reference; or

• (b) to a reference in any enactment to an assessor or depute assessor appointed under section 116 of this Act.

Part II — Minor and Consequential Amendments

The Jury Trials (Scotland) Act 1815

1

In section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.

The Riotous Assemblies (Scotland) Act 1822

2

In section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.

The Jurors (Scotland) Act 1825

3

In section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.

4

For section 3 (rolls of jurors) there shall be substituted the following section:—

(3) The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as “the general jury book”, containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person

.

5

For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

(7) The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified

.

6

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

7

In section 9 (jurors in inferior courts), for the word " county " there shall be substituted the words " sheriff court district ".

8

In section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.

The Court of Session Act 1868

9

In section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.

The Explosives Act 1875

10

In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

(1) A regional or islands council; and

.

11

In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—

(a) The regional or general rate, as the case may be; and

The Militia Act 1882

12

In section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.

The Electric Lighting Act 1882

13

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

14

In section 36 (application to Scotland), in the definition of " local authority ", after the word " streets ", in both places where it occurs, there shall be inserted the word " sewers ".

The Criminal Procedure (Scotland) Act 1887

15

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

The Allotments (Scotland) Act 1892

16

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

17

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

18

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

19

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

20

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

The Local Government (Scotland) Act 1894

21

Sections 3 to 25 shall cease to have effect.

22

Sections 42 to 48 shall cease to have effect.

23

In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.

The Merchant Shipping Act 1894

24

In section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.

25

In section 668 (Commissioners of Northern Lights), the following amendments shall be made—

• (a) in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;

• (b) in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.

The Public Health (Scotland) Act 1897

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

35

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

36

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

37

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

38

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

39

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

40

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

41

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

42

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

43

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

44

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

45

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

46

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

47

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

48

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

The Electric Lighting (Clauses) Act 1899

49

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

The Fabrics (Misdescription) Act 1913

50

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

The Milk and Dairies (Scotland) Act 1914

51

In section 2 (definitions), at the end there shall be added the following definition—

“local authority” means an islands or district council

.

52

In section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.

The Police, Factories &c. (Miscellaneous Provisions) Act 1916

53

In section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.

The Land Settlement (Scotland) Act 1919

54

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

The Electricity (Supply) Act 1919

55

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

The Celluloid and Cinematograph Film Act 1922

56

In section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.

57

In section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.

The Allotments (Scotland) Act 1922

58

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

59

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

60

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

The Milk and Dairies (Amendment) Act 1922

61

In section 2 (refusal of registration), at the end there shall be added the following subsection—

(4) In this section “local authority” means an islands or district council.

62

In section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.

The Church of Scotland (Property and Endowments) Act 1925

63

In section 22 (burgh churches)—

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

(2A) References in any scheme made under this section of this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.

;

• (b) in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;

• (c) in subsection (4)—

• (i) before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;

• (ii) the words “ continue to ” shall cease to have effect;

• (iii) for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.

64

In section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.

65

In section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.

66

In section 32 (transfer of parish churchyards)—

• (a) for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;

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

• (c) in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.

67

In section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.

The Electricity (Supply) Act 1926

68

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

The Agricultural Produce (Grading and Marking) Act 1928

69

In section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.

The Slaughter of Animals (Scotland) Act 1928

70

In section 7 (definitions), at the end there shall be added the following definition—

1. “local authority” means an islands or district council

.

The Petroleum (Consolidation) Act 1928

71

In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) in a region, the regional council; (b) in an islands area, the islands council.

.

The Local Government (Scotland) Act 1929

72

Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73

In section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.

74

Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75

In section 77, the following amendments shall be made—

• (a) subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and

• (b) in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.

76

Section 79 and Schedules 1, 2 and 5 shall cease to have effect.

The Reservoirs (Safety Provisions) Act 1930

77

In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.

The Agricultural Land (Utilisation) Act 1931

78

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

The Church of Scotland (Property and Endowments) Amendment Act 1933

79

In section 2(2) (transfer of certain churchyards)—

• (a) for the words “county or burgh” there shall be substituted the words “ islands area or district ”;

• (b) the words from “ or, in the case ” onwards shall cease to have effect.

The Private Legislation Procedure (Scotland) Act 1936

80

In section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.

The Children and Young Persons (Scotland) Act 1937

81

In section 110 (interpretation) the following amendments shall be made—

• (a) in subsection (1), for the definition of “Local authority” there shall be substituted the following definition—

“Local authority” means a regional or islands council.

,

The Air-Raid Precautions Act 1937

82

In section 13 (application to Scotland) the following amendments shall be made—

• (a) in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;

• (b) in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;

• (c) in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;

• (d) in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.

• (e) subsections (9), (10) and (12) shall cease to have effect.

The Civil Defence Act 1939

83

In section 91 (application to Scotland) the following amendments shall be made—

• (a) in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—

(2) The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.

;

• (b) in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;

• (c) in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.

• (d) for subsection (23) there shall be substituted the following subsection:—

(23) in section 64(1), for the words from the beginning to “district” there shall be substituted the words “ Any regional, islands or district council ”

;

• (e) in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;

• (f) in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;

• (g) in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;

• (h) subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.

The Public Health (Scotland) Act 1945

84

In section 1(8) (interpretation), for the definition of “local authority” there shall be substituted the following definition—

the expression “local authority” means an islands or district council

.

The Civic Restaurants Act 1947

85

In section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.

86

In section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.

The Electricity Act 1947

87

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

The Local Government Act 1948

88

In section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.

The National Assistance Act 1948

89

In section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.

90

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

91

In section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.

92

In section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.

93

In section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.

94

In section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.

The Civil Defence Act 1948

95

In section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.

The Finance Act 1949

96

In section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—

(a) the local authority shall be an islands or district council

.

The Civil Aviation Act 1949

97

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

98

In section 63(1) (interpretation), in the definition of "local authority", for the words from " county council" onwards there shall be substituted the words " regional, islands or district council ".

The Criminal Justice (Scotland) Act 1949

99

In section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.

The National Parks and Access to the Countryside Act 1949

100

In section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.

101

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

102

In section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.

103

In section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.

104

In section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.

105

In section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.

The Allotments (Scotland) Act 1950

106

In section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.

107

In section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.

The Rag Flock and Other Filling Materials Act 1951

108

In section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.

The Prisons (Scotland) Act 1952

109

In section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.

110

In section 14 (legalised police cells), the following amendments shall be made—

• (a) in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”

• (b) in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;

• (c) in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;

• (d) in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;

• (e) in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police (Scotland) Act 1967 it means a joint police committee ”.

111

In section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.

The Post Office Act 1953

112

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

The Emergency Laws (Miscellaneous Provisions) Act 1953

113

In section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.

The Auxiliary Forces Act 1953

114

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

The Protection of Birds Act 1954

115

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

The Slaughterhouses Act 1954

116

In section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.

The Long Leases (Scotland) Act 1954

117

In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The Army Act 1955

118

In section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The Air Force Act 1955

119

In section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The Crofters (Scotland) Act 1955

120

In section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.

The Food and Drugs (Scotland) Act 1956

121

In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—

(5) In this section “local authority” means an islands or district council

.

122

In section 21 (cold stores), at the end there shall be added the following subsection—

(2) In this section “local authority” means an islands or district council

.

123

In section 26 (administrative authorities), the following amendments shall be made—

• (a) in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;

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

(4) Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act “local authority” means a regional, islands or district council.

124

In section 27 (public analysts), at the end there shall be added the following subsection—

(7) In this section “local authority” means a regional or islands council.

125

In section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.

126

In section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.

The Agriculture (Safety, Health and Welfare Provisions) Act 1956

127

In section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The Clean Air Act 1956

128

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

The Electricity Act 1957

129

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

130

In Schedule 2 (supplementary provisions as to public inquiries), in paragraph 1(a), for the words from second "in" to " not" there shall be substituted the words " which is not within the area of a planning authority who have ".

131

In Schedule 4 (amendment of enactments), in the item relating to the Electric Lighting Act 1909, for the words from " and with " onwards there shall be substituted the words " the provisions of the said section 2 shall apply to the Scottish Electricity Boards as they apply to the Generating Board with the following modifications—

• (a) ' local authority' means both the regional and district council, or, as the case may be, the islands council concerned;

• (b) for the references to the local planning authority there shall be substituted references to both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973)."

The Coal-Mining (Subsidence) Act 1957

132

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

The Land Drainage (Scotland) Act 1958

133

In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.

The Disabled Persons (Employment) Act 1958

134

In section 3 (provision of sheltered employment), the following amendments shall be made—

• (a) in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;

• (b) in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;

• (c) subsection (4) shall cease to have effect;

• (d) in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.

135

The Schedule shall cease to have effect.

The Matrimonial Proceedings (Children) Act 1958

136

In section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

137

In section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

138

In section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.

The Trading Representations (Disabled Persons) Act 1958

139

In section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The Children Act 1958

140

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

The Opencast Coal Act 1958

141

In section 52(2) (application to Scotland), after the definition of “land” there shall be inserted the following definition—

“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973

.

The Adoption Act 1958

142

In section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.

The Deer (Scotland) Act 1959

143

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

The Radioactive Substances Act 1960

144

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

The Public Bodies (Admission to Meetings) Act 1960

145

In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.

The Noise Abatement Act 1960

146

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

147

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

148

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

The Consumer Protection Act 1961

149

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

150

In paragraph 7 of the Schedule (provision as to inspection, testing and enforcement by local authorities), for the words following " Scotland means" there shall be substituted the words " the local weights and measures authority as defined in section 36 of the Weights and Measures Act 1963 ".

The Flood Prevention (Scotland) Act 1961

151

In section 15(1) (interpretation), the following amendments shall be made:—

• (a) for the definitions of “local authority” and “area” there shall be substituted the following definition:—

“local authority” has the meaning assigned to it by section 1(2) of this Act;

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

“sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;

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

The Building Societies Act 1962

152

In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

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

153

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

154

In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.

155

In section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.

The Airports Authority Act 1965

156

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

157

In section 23(1) (interpretation), in the definition of "local authority", for the words "county or town" there shall be substituted the words " regional, islands or district ".

The Gas Act 1965

158

In section 28(1) (interpretation), the following amendments shall be made:—

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

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

159

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

The Highlands and Islands Development (Scotland) Act 1965

160

In section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.

161

In section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.

The Ministry of Social Security Act 1966

162

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

The Reserve Forces Act 1966

163

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

The Local Government (Scotland) Act 1966

164

In section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.

165

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

The Forestry Act 1967

166

In section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.

The Slaughter of Poultry Act 1967

167

In section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

The Protection of Birds Act 1967

168

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

The Civic Amenities Act 1967

169

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

170

In section 30(1) (general interpretation), in the definition of " local authority", for the words from " county" onwards there shall be substituted the words " regional, islands or district council ".

The Countryside (Scotland) Act 1967

171

In section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”

172

In section 78(1) (interpretation), the following amendments shall be made—

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

• (b) in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The Capital Allowances Act 1968

173

In section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.

The Trade Descriptions Act 1968

174

Section 26 (enforcing authorities) shall have effect as if—

• (a) in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;

• (b) in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The Health Services and Public Health Act 1968

175

In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—

• (a) in subsection (2A)—

• (i) for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,

• (ii) the last paragraph shall cease to have effect,

• (b) in subsection (2B)—

• (i) in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,

• (ii) paragraph (b) shall cease to have effect.

176

In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—

(cc) for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities.

.

177

For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—

(3) In this section “local authority” means an islands or district, council.

.

178

In section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.

The Sewerage (Scotland) Act 1968

179

In section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.

180

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

181

For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—

(3) The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be.

.

182

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

The Social Work (Scotland) Act 1968

183

In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.

184

In section 2(2) after paragraph (b) there shall be inserted the following paragraph—

(bb) the Disabled Persons (Employment) Act 1958

.

185

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

186

In section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.

187

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

The Civil Aviation Act 1968

188

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

189

In section 14(9) (detention and sale of aircraft), for the words " local authority" there shall be substituted the words " regional or islands council ".

190

In section 28(3) (interpretation), in the definition of "local authority ", for the words " county council " onwards there shall be substituted the words " regional, islands or district council ".

The Medicines Act 1968

191

In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—

(c) references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and (d) references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.

The Mines and Quarries (Tips) Act 1969

192

In section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The Post Office Act 1969

193

In section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.

The Development of Tourism Act 1969

194

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

The Local Authorities (Goods and Services) Act 1970

195

In section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.

196

In section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.

The Agriculture Act 1970

197

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

198

In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.

199

For section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—

(b) “local authority” has the same meaning as in section 1(2) of the Flood Prevention (Scotland) Act 1961.

.

The Fire Precautions Act 1971

200

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

The Civil Aviation Act 1971

201

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

The Island of Rockall Act 1972

202

In section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.

The National Health Service (Scotland) Act 1972

203

In Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

The Gas Act 1972

204

In section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.

The Agriculture (Miscellaneous Provisions) Act 1972

205

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

206

In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.

The Independent Broadcasting Authority Act 1973

207

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

The Employment Agencies Act 1973

208

In section 13(1) (interpretation), the following amendments shall be made—

• (a) in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;

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

The Hallmarking Act 1973

209

In section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The Badgers Act 1973

210

In section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.

The Breeding of Dogs Act 1973

211

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

Schedule 28

Part I — The Burgh Police (Scotland) Act 1892

1

In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “islands or district council”.

2

In the provisions set out in the following table, for the word “magistrate” or “magistrates”, in each place where either of them occurs, there shall be substituted the words “islands or district council”.

3

In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “local highway authority”.

4

In sections 210 to 213, and 233, 416 and 417, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional or islands council”.

5

In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional, islands or district council, as the case may be”.

6

In section 4, the following amendments shall be made—

• (a) subsections (8) and (9) shall cease to have effect;

• (b) after subsection (13) there shall be inserted the following subsection—

(13A) “local highway authority” shall mean the regional or islands council:

,

• (c) after subsection (28) there shall be inserted the following subsection—

(28A) “proper officer” and any reference to a specified officer which is, under the Local Government (Scotland) Act 1973, to be construed as such, shall have the same meaning as in section 235(3) of the said Act of 1973:

.

7

Section 15 shall cease to have effect.

8

In section 20, for the word “commissioners”, where it second occurs, there shall be substituted the words “appropriate authority”.

9

In section 27(2), for the words “town council” there shall be substituted the words “appropriate authority”.

10

Section 42 shall cease to have effect.

11

In section 55, for the word “commissioners” there shall be substituted the words “appropriate authority”.

12

Sections 100 and 101 shall cease to have effect.

13

In section 105, for the words “their inspector of lighting, or any other officer or servant” there shall be substituted the words “the proper officer”, and for the words “inspector of lighting, or any other officer or servant” there shall be substituted the words “proper officer”.

14

In section 115, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

15

In section 117, for the words “sanitary inspector”, in both places where they occur, there shall be substituted the words “proper officer of the islands or district council”.

16

In section 118, for the words from “burgh surveyor” to “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “surveyor, medical officer or inspectors”, in both places where they occur, there shall be substituted the words “proper officer”.

17

In section 119, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

18

In section 120, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

19

In section 121, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “the inspector”, where they second occur, there shall be substituted the words “such officer”.

20

In section 123, for the words from “the chief” to “sanitary inspector”, where they first occur, there shall be substituted the words “their proper officer”, and for the words from “inspector of cleansing”, where they second occur, to “authorised by” there shall be substituted the words “proper officer of”.

21

In section 126, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the word “magistrate” there shall be substituted the words “such council”.

22

In section 128, the words from “of the Roads” to “1891, and” shall cease to have effect, and for the words “town council” in both places where they occur, there shall be substituted the words “local highway authority”.

23

In section 133, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

24

In section 134, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

25

In section 138, for the word “council”, in both places where it occurs, there shall be substituted the words “local highway authority”.

26

In section 145, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

27

In section 150, the words “the Dean of Guild Court or” shall cease to have effect.

28

In section 151, for the word “treasurer” there shall be substituted the words “local highway authority”.

29

In section 154, the following amendments shall be made—

• (a) for the word “commissioners”, where it first occurs, there shall be substituted the words “local highway authority”,

• (b) for the words “and they may also” there shall be substituted the words “and the islands or district council may”,

• (c) for the word “commissioners”, where it occurs second and third, there shall be substituted the words “islands or district council”, and

• (d) for the word “commissioners”, where it last occurs, there shall be substituted the words “local highway authority and the islands and district council”.

30

In section 168, for the word “council” there shall be substituted the words “islands or district council”.

31

In section 186, for the word “commissioners”, in both places where it occurs, there shall be substituted the words “the local highway authority, or, where appropriate, the islands or district council”.

32

Section 201 shall cease to have effect.

33

Section 207 shall cease to have effect.

34

In section 210, the words “of the clerk” shall cease to have effect.

35

Section 223 shall cease to have effect.

36

In section 248, for the words “burgh surveyor” there shall be substituted the words “proper officer of the islands or district council”.

37

In section 250, the words “any of” and “or any one of them” shall cease to have effect.

38

Section 257 shall cease to have effect.

39

40

Sections 296 and 297 shall cease to have effect.

41

in section 305, for the words “commissioners or magistrates” there shall be substituted the words “islands or district council”.

42

In section 306, after the words “two thirds”, in both places where they occur, there shall be inserted the words “of the members”.

43

In section 307, for the word “commissioners”, where it first and second occurs, there shall be substituted the words “islands or district council”, and for the words “the commissioners”, where they last occur, there shall be substituted the words “any authority”.

44

Section 310 shall cease to have effect.

45

In section 312, for the word “officers” there shall be substituted the words “proper officer”.

46

In section 316, for the word “commissioners”, where it first occurs, there shall be substituted the words “islands or district council”, and in head A, in subsection (8) for the word “burgh” where it second occurs, there shall be substituted the word “district” and for the words from “magistrates” to “burgh”, where it last occurs, there shall be substituted the words “council of that district”.

47

In section 325, after the word “their”, in both places where it occurs, there shall be inserted the word “proper”.

48

In section 330, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

49

In section 339, the words “the clerk to” shall cease to have effect, and for the word “him” there shall be substituted the word “them”.

50

In section 341, the words from “and the commissioners” to “within the burgh” shall cease to have effect.

51

In section 365, for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”.

52

In section 367, for the words “collector in any burgh” there shall be substituted the words “proper officer of a regional, islands or district council”.

53

In section 369, after the words “any two” there shall be inserted the words “of the members”.

54

In section 372, for the words “the general expenses of the town council.” there shall be substituted the words “their general expenses”.

55

In section 381, in subsection (10), for the words “commissioners or other lawful authority” there shall be substituted the words “appropriate authority”, and in subsections (29) and (49), for the word “commissioners” there shall be substituted the words “to appropriate authority”.

56

In section 385, for the word “magistrates” there shall be substituted the words “local highway authority”, and for paragraph (4) there shall be substituted the words “and the islands or district council may from time to time make byelaws and issue notices and orders prohibiting or regulating public processions.”.

57

Section 411 shall cease to have effect.

58

Section 428 shall cease to have effect.

59

Section 432 shall cease to have effect.

60

In Schedule V, in paragraph (2)(d), after the words “one of” there shall be inserted the words “the members of”.

Part II — The Burgh Police (Scotland) Act 1903

61

In sections 5 to 20, for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”.

62

In section 6, the words “of the town clerk or other public office” shall cease to have effect, and after the words “town council,”, where they first occur, there shall be inserted the words “or their proper officer,”.

63

In section 8, for the words “town clerk” there shall be substituted the words “proper officer of the local highway authority”, for the words “such official as”, there shall be substituted the words “the proper officer of”, and the words “may from time to time appoint” shall cease to have effect.

64

In section 9,

• (a) the words from “to the dean” to “such court”,

• (b) the words from “or dean” to “may be”, and

• (c) the words from “and any deliverance” onwards, shall cease to have effect.

65

In section 11, for the words “dean of guild court” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.

66

Section 13 shall cease to have effect.

67

In section 16, the words “dean of guild court or” shall cease to have effect.

68

In section 21, for the words “town council” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.

69

In section 23, for the words “town council” there shall be substituted the words “islands or district council”.

70

In section 30, for the words “town council” there shall be substituted the words “planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973”.

71

In section 31, for the words “burgh surveyor” in each place where they occur, there shall be substituted the words “proper officer of the islands or district council, or, in the Highland, Borders, or Dumfries and Galloway region, the regional council”, and the words from “and may further” onwards shall cease to have effect.

72

In section 35, for the words “burgh surveyor”, in both places where they occur, there shall be substituted the words “proper officer of the regional or islands council”, and for the words from “the dean”, where they first occur, to “of the matter” there shall be substituted the words “regional or islands council who shall be bound to dispose of the matter”.

73

Section 37 shall cease to have effect.

74

Section 39 shall cease to have effect.

75

In section 41, the following amendments shall be made—

• (a) for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”,

• (b) in subsection (1), in paragraph (a), the words from “or the dean” to “may be”, in paragraph (b), the words “the dean of guild court” and in paragraph (c), the words from “or the dean” to “may be” shall cease to have effect,

• (c) in subsection (2), the words “the dean of guild court” shall cease to have effect,

• (d) in subsection (3), the words “dean of guild court, as the case may be” shall cease to have effect, and

• (e) in subsection (4), the words from “or where” to “it out” shall cease to have effect.

76

Section 43 shall cease to have effect.

77

In section 44, for the words “town council” there shall be substituted the words “islands or district council”.

78

Sections 56 and 57 shall cease to have effect.

79

In section 58, for the words “town council” in both places where they occur, there shall be substituted the words “regional, islands or district council, as the case may be”.

80

In section 59, the following amendments shall be made—

• (a) for the word “burgh”, in each place where it occurs, there shall be substituted the word “district”.

• (b) for the word “town” where first occurring, there shall be substituted the word “district”,

• (c) for the words from “county council”, where they first occur, to “county or” there shall be substituted the words “council of the”,

• (d) for the word “magistrates” there shall be substituted the word “district council”, and

• (e) for the words “county council or town council” where they second occur, there shall be substituted the words “other district council concerned”.

81

In section 61, the following amendments shall be made—

• (a) in subsections (2) and (4), for the words “town council” there shall be substituted the words “local highway authority”.

• (b) in subsection (6), for the words “council of a burgh” there shall be substituted the words “local highway authority” and for the words “such burgh” there shall be substituted the words “the area of such authority”.

82

In sections 64, 67, 68, 79, 80 and 82, for the words “town council” in each place where they occur, there shall be substituted the words “islands or district council”.

83

In the said section 79, in subsection (2), after the words “constable or” there shall be inserted the word “proper”.

84

In section 81, for the word “magistrates” there shall be substituted the words “islands or district council:”.

85

In section 93 the following amendments shall be made—

• (a) for the words “town council”, where they first occur, there shall be substituted the words “local highway authority”,

• (b) there shall be inserted after paragraph (11) the following unnumbered paragraph—

The islands or district council may, from time to time, make byelaws and repeal, alter or amend any byelaws so made, for the protection of trees, shrubbery or ornamental or pleasure grounds in or adjacent to streets.

.

• (c) paragraph (12) shall cease to have effect, and

• (d) for the words “the town council”, where they last occur, there shall be substituted the words “a competent authority”.

86

Section 97 shall cease to have effect.

87

In section 98, the following amendments shall be made—

• (a) in subsection (2), for the words “town council” where they first occur, there shall be substituted the words “appropriate regional, islands or district council exercising functions in any such burgh”, and for the words “a town council” there shall be substituted the words “any such appropriate council”.

• (b) in subsection (3), for the words “town council” there shall be substituted the words “appropriate council”, and the proviso shall cease to have effect,

• (c) in subsection (4), for the words “a town council” there shall be substituted the words “an appropriate council”, and the words “ “Hollow squares”” shall cease to have effect, and

• (d) subsection (8) shall cease to have effect.

88

Section 99 shall cease to have effect.

89

Section 101 shall cease to have effect.

90

In section 103, the following amendments shall be made—

• (a) in paragraph (5), for the words from “or local” to “commissioners” there shall be substituted the words “Act or local enactment by the local highway authority”, and for the words “town council”, where they second and third occur, there shall be substituted the words “said authority”,

• (b) in paragraph (9), for the words “dean of guild court or town council” there shall be substituted the words “local highway authority”.

• (c) in paragraph (12),

• (i) the word “Guild” shall cease to have effect,

• (ii) in sub-paragraph (l), for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”, and the words “dean of guild court” shall cease to have effect,

• (iii) in sub-paragraph (m), for the words from “dean”, where it first occurs, to “burgh surveyor” there shall be substituted the words “local highway authority or their proper officer”.

91

In section 104(2), the following amendments shall be made—

• (a) in paragraph (g), for the words “town council” there shall be substituted the words “local highway authority”, and

• (b) for the words from “town council”, where they second occur, to “guild court)” there shall be substituted the words “regional, islands or district council, as the case may be”, and

• (c) for the words “town council”, where they last occur, there shall be substituted the words “any such council”.

Part III — The Burgh Ploice (Scotland) Amendment Act 1911

92

In section 1,

• (a) in subsection (4), the words from “and, where” onwards shall cease to have effect,

• (b) in subsection (5),

• (i) for the word “county”, where it first and second occurs, there shall be substituted the words “islands area or district”,

• (ii) for the words “county council” there shall be substituted the word “sheriff”.

• (c) in subsection (6), the words “or under section seventy six of the Licensing (Scotland) Act 1903” shall cease to have effect.

93

In section 2,

• (a) for the words from “magistrates” to “of a county” there shall be substituted the words “members of the council of an islands area or district council”,

• (b) for the words “burgh or the county” there shall be substituted the words “area of the said council”.

94

In section 3, for the words “a town council” there shall be substituted the words “an islands or district council”.

Schedule 29

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

3A

Proposals by Boundaries Scotland

Proposals for changes in local government areas.

Filling of casual vacancies.

31A

• (1) A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.

• (2) A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.

• (3) A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.

• (4) In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).

• (5) In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).

• (6) This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).

Acceptance of Office

33A

• (1) A person elected to office as a councillor of a local authority shall not, unless—

• (a) he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and

• (b) the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,

act in the office except for the purpose of taking such a declaration.

• (2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

• (3) The declaration shall be made before either—

• (a) two members of the local authority to which the declarant is elected; or

• (b) the proper officer of the local authority; or

• (c) the sheriff; or

• (d) a justice of the peace.

• (4) Any person before whom a declaration is authorised to be made under this section may take the declaration.

45A

49A

Part IIIA — Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees

50A

• (1) A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

• (2) The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

• (3) For the purposes of subsection (2) above, “confidential information” means—

• (a) information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

• (b) information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

• (4) A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.

• (5) A resolution under subsection (4) above shall—

• (a) identify the proceedings, or the part of the proceedings, to which it applies; and

• (b) state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.

• (6) The following provisions shall apply in relation to a meeting of a local authority, that is to say—

• (a) public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

• (b) while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and

• (c) where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public electronic communications network, for transmitting the report by means of such a network at their own expense.

• (7) Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

• (8) This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

50B