Local Government (Miscellaneous Provisions) (Scotland) Act 1981

Part I — Valuation and rating

Power to change year of revaluation

1

In section 37 of the 1975 Act (which makes provision as regards the interpretation of that Act), at the end there shall be added the following subsections—

(3) The Secretary of State may by order amend the definition of “year of revaluation” in subsection (1) above by substituting, for the financial year for the time being specified in that definition by reference to two calendar years, a different financial year so specified. (4) An order under subsection (3) above shall have no effect until approved by a resolution of each House of Parliament.

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Power to exclude certain lands and heritages from valuation or revaluation

2

Valuation of non-industrial buildings other than dwelling-houses

3

In subsection (2) of section 6 of the 1956 Act (which provides for ascertainment of the gross annual value of lands and heritages consisting of dwelling-houses or other non-industrial buildings) the words " or other non-industrial buildings" and " or buildings " shall, for the purpose of making up any valuation roll after this section comes into force, cease to have effect.

Power of Secretary of State to amend table of deductions from gross annual value

4

In subsection (6) of section 6 of the 1956 Act (which provides for deductions from gross annual value to ascertain the net annual value of such lands and heritages as are mentioned in subsection (2) of that section), at the end there shall be added the words " ; but the Secretary of State may by order amend the said table as it applies to such lands and heritages " ; and for subsection (7) of the said section there shall be substituted the following subsection—

(7) Any order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Relaxation of provisions relating to notification for rate relief for charitable organisations

5

In section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962—

• (a) in subsection (2) (which provides for notification to the rating authority of use of lands and heritages for charitable purposes)—

• (i) the words “not later than the thirtieth day of June in any year” shall cease to have effect; and

• (ii) for the words “any period, beginning not earlier than the year in which the notice is given,” there shall be substituted the words “ a relevant period ”; and

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

(2A) In subsection (2) of this section “relevant period” means— (a) in a case where the occupation and use, or as the case may be the holding, commenced on or after the first day of the financial year immediately preceding the financial year in which the notice is given, any period after that commencement; (b) in any other case, that first day and any period thereafter.

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Remission of rates in respect of lands and heritages unoccupied and unfurnished for any period of three months

6

Restriction on payment of rates by instalments

7

In section 8 of the 1975 Act (which provides for payment of rates by instalments), after subsection (7) there shall be inserted the following subsections—

(7A) In any case where a demand note for rates, chargeable for a year or part only of a year, is for an amount (after any remission, rebate or other deduction to which the rate is subject) less than the prescribed sum the rates shall not be payable in accordance with subsection (1) above but shall be payable in full on or before the date specified by the rating authority in the demand note. (7B) In subsection (7A) above, “the prescribed sum” means £20 or such lesser sum as the rating authority may fix. (7C) The Secretary of State may by order, made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend subsection (7B) above by substituting for the amount for the time being specified in that subsection such other amount as appears to him to be justified.

Alteration in amount of rates payable while valuation appeal is pending

8

In section 9(1) of the 1975 Act (which limits the amount of rates payable while a valuation appeal is pending), for the words “the total amount of rates levied on those lands and heritages for the year immediately preceding the year in which the appeal was lodged increased by three-quarters of the difference between that amount and” there shall be substituted the words “ nine tenths of ”.

Effect of alteration to valuation roll as regards increase in value of dwelling-house delayed

9

Valuation of underground railways

10

New constitution of Scottish Valuation Advisory Council

11

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Diminution of powers of officers of court as regards actings for recovery of rates,

12

In section 247(2)(a) of the Local Government (Scotland) Act 1947 (which as regards actings for recovery of rates empowers officers of court to poind, seize and remove or secure property belonging to or in the lawful possession of the debtor) the words “or in the lawful possession of” shall cease to have effect.

Effect of sections 4 to 10

13

Sections 4 to 10 of this Act have no effect as regards any financial year earlier than that immediately subsequent to the financial year in which this Act is passed.

Part II — Rate Support Grants

Reduction of rate support grant where local authority's estimated expenditure excessive and unreasonable

14

Redetermination and lowering of regional, general or district rate

15

In the 1973 Act, after section 108 there shall be inserted the following section—

(108A) (1) Where a local authority have in respect of any financial year determined a rate under section 108 of this Act but the Secretary of State makes and causes to be laid before Parliament, for the reasons mentioned in paragraph (c) of section 5(1) of the Local Government (Scotland) Act 1966, a report as regards them under section 5(1) (reduction of rate support grant because of excessive and unreasonable total estimated expenses), or they have reason to believe that such report may be so laid they may, at any time before the Secretary of State informs them that the reduction specified in such report has been made, reassess the total estimated expenses mentioned in subsection (2) of section 108 and subject to that subsection determine under this subsection in respect of the financial year a rate lower than that determined under section 108. (2) If a local authority determine a rate under subsection (1) above, that rate and not the rate determined under the said section 108 shall be their regional, general or district rate (as the case may be) for the financial year and shall be levied accordingly. (3) The Secretary of State may by order under this subsection repeal or amend any enactment (including this Act) in so far as that enactment relates to the determination, levy or payment of a regional, general or district rate and such determination, levy or payment is affected by a determination under subsection (1) above. (4) An order made under subsection (3) above shall have no effect until approved by resolution of each House of Parliament. (5) A reference in this Act (except this section and subsection (1) of section 108) and in any other enactment, whether passed or made before or after the passing of this Act, to such rates as are determined under section 108 of this Act shall be construed as including a reference to such rates as are determined under subsection (1) above.

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Local authority's estimated expenditure relevant factor in calculating amount of resources element payable to them

16

In Part II of Schedule 1 to the 1966 Act (which among other things specif ies the method of calculating the amount, if any, of the resources element payable to a local authority), in sub-paragraph (a) of paragraph 2 (which, for the purposes of the said calculation allows the Secretary of State, if he is of the opinion that the rate fixed by the local authority is unnecessarily high, to use as multiplicand a lesser figure than the number of pence in the pound of that rate) for the words “of the opinion that the local authority have fixed an unnecessarily high rate, such” there shall be substituted the words—

, as regards the local authority, satisfied— (i) that they have fixed a rate higher than that required to provide the sufficient moneys mentioned in section 108(2) of the Local Government (Scotland) Act 1973; or (ii) as is mentioned in subsection (1)(c), as read with subsection (1A), of section 5 of this Act, such

Effect of sections 14 to 16

17

The amendments made by sections 14 to 16 of this Act have effect as regards rate support grants payable for the year 1981—82 or for any year thereafter.

Prohibition of using sums from loans fund to offset reduction of rate support grant or diminution in amount of resources element

18

Failure of local authority to supply information timeously

19

Where under section 199 of the 1973 Act (which provides for reports and returns being made by local authorities and others) the Secretary of State requires a local authority to give information for the purposes of his functions in relation to rate support grants payable for the year 1981-82 or for any year thereafter, but that information is not given timeously, he may make an estimate as regards any element of the required information; and, without prejudice to section 211 of that Act (which makes general provision concerning failure by a local authority to do what is required of them), for the said purposes such estimate shall be deemed information given by the local authority.

Interpretation of Part II

20

In the foregoing provisions of this part of this Act “year”, and “year” followed by a reference to two calender years, have the same meanings as in the Local Government (Financial Provisions) (Scotland) Act 1963.

Part III — Housing Support Grants

Method of fixing aggregate amount of housing support grants

21

Power to exclude local authority from apportionment of housing support grants

22

In section 2 of the 1978 Act (which among other things provides for a proportion of the aggregate amount of the housing support grants being apportioned to each local authority)—

• (a) in subsection (1), after the word " proportion " there shall be inserted the words " , if any, ";

• (b) in subsection (2) for the words from " the estimated " to the end there shall be substituted the following words—

in respect of each local authority, for the year in question— (a) the estimated amount of grant payable to that local authority; or (b) if no amount of grant is so payable, that fact

; and

• (c) in subsection (3), for the words " mentioned in subsection (1) above " there shall be substituted the words " , if any, of the aggregate amount of the housing support grants ".

Effect of sections 21 and 22

23

• (1) Subject to subsection (2) of section 21 of this Act, amendments made by that section and by section 22 of this Act have effect as regards housing support grants payable for the year 1982-83 or for any year thereafter.

• (2) In subsection (1) above, " year " has the same meaning as in the 1978 Act.

Part IV — Miscellaneous

Powers of Commissioner for Local Administration in Scotland

24

The 1975 Act shall, as regards the powers of the Commissioner for Local Administration in Scotland, have effect subject to the amendments specified in Schedule 1 to this Act.

Relaxation of controls over local authorities

25

The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments which lessen the degree of control exercised over local and other authorities by the Treasury, Secretary of State or other persons.

Consent to local authority incurring liability to meet capital expenses etc.

26

In section 94 of the 1973 Act (which requires a local authority to obtain the consent of the Secretary of State to their incurring liability to meet capital expenses)—

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

(1B) The Secretary of State may— (a) withdraw, or vary the terms of, a consent which he has, under subsection (1) above, given; or (b) withdraw or vary any condition to which the giving of such consent was subject, where, or in so far as, the local authority have not, by binding contract, incurred the liability to which the consent relates.

; and

• (b) after subsection (2) there shall be added the following subsections—

(3) The Secretary of State may by order (either or both)— (a) amend the definition of “capital expenses” in subsection (2) above; (b) provide that subsection (1) above shall, in the same manner as it applies to capital expenses, apply to such other expenses, incurred in relation to a lease (or other contract, or arrangement, of a like nature), as may be specified in the order and, for the purposes of such application, prescribe a method for assigning a capital value to those other expenses. (4) An order made under subsection (3) above shall have no effect until approved by resolution of each House of Parliament.

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Consent to certain local authority borrowing

27

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Repeal of special licensing provisions in respect of new towns

28

Part IV of, and Schedule 3 to, the Licensing (Scotland) Act 1976 (which make special provision for new towns as regards licensing with respect to alcoholic liquor) shall cease to have effect.

Abolition of Advisory Council on Social Work

29

The Advisory Council on Social Work is hereby abolished; and accordingly, in the Social Work (Scotland) Act 1968, section 7 (which relates to the appointment, constitution and functions etc. of the Council) shall cease to have effect.

Abolition of Scottish Food Hygiene Council

30

The Scottish Food Hygiene Council is hereby abolished; and accordingly, in the Food and Drugs (Scotland) Act 1956, section 25 (which relates to the appointment, constitution and functions of the Council) shall cease to have effect.

Abolition of Scottish River Purification Advisory Committee

31

The Scottish River Purification Advisory Committee is hereby abolished; and accordingly, in the Rivers (Prevention of Pollution) (Scotland) Act 1951, subsections (2), (3) and (4) of section 1 (which relate to the appointment, constitution and functions of that committee) shall cease to have effect.

Abolition of advisory committee on conservation and provision of water supplies etc.

32

The advisory committee appointed under section 1 of the Water (Scotland) Act 1946 (a section which among other things provided that the Secretary of State was to appoint such a committee to advise him as regards matters concerning the conservation and provision of water supplies etc. and which is re-enacted as section 1 of the Water (Scotland) Act 1980) is hereby abolished; and accordingly paragraph (c) of section 1 of the said Act of 1980 shall cease to have effect.

Power of water authority or water development board to relax or dispense with byelaw relating to misuse of water

33

In section 70 of the Water (Scotland) Act 1980 (which empowers a water authority or water development board to make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by them), after subsection (3) there shall be added the following subsection—

(4) Where a water authority or water development board consider that a byelaw made by them under this section ought not to operate in relation to any particular case or class of cases they may, with the consent of the Secretary of State, relax the requirments of, or dispense with compliance with, that byelaw accordingly: Provided that the authority, or as the case may be the Board, shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State— (a) shall not give his consent before the expiration of one month from the giving of the notice; and (b) shall, before giving his consent, take into consideration any relevant objection which may have been received by him.

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Conditions of improvement grant not to include requirement as to letting

34

Vesting in landlord to bring into being tenant's right to purchase dwelling-house

35

In the Tenants' Rights, Etc. (Scotland) Act 1980, after section 1 there shall be inserted the following section—

(1A) (1) Subject to subsection (2) below where, but for the fact that a landlord is not the heritable proprietor of land on which dwelling-houses have been let (or made available for letting) by it, one or more of its tenants would have a right to purchase under section 1 of this Act, the Secretary of State may by order made by statutory instrument provide that the whole of the heritable proprietor's interest in the land shall vest in the landlord. (2) An order under this section shall only be made where— (a) the heritable proprietor is a body mentioned in any of paragraphs (a), (b), (c) and (f) of section 10(2) of this Act; and (b) the Secretary of State is of the opinion, after consultation with the heritable proprietor and with the landlord that the order is necessary if the right to purchase is to come into being. (3) An order under this section shall have the same effect as a declaration under section 278 of the Town and Country Planning (Scotland) Act 1972 (general vesting declarations) except that in relation to such an order, the enactments mentioned in Schedule Al to this Act shall have effect subject to the modifications specified in that Schedule. (4) Compensation under the Land Compensation (Scotland) Act 1963, as applied by subsection (3) above and Schedule A1 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force. (5) An order under this section shall have no effect until approved by resolution of each House of Parliament. (6) An order under this section which would, apart from the provisions of this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument. (7) An order under this section may include such incidental, consequential or supplementary provisions as may appear to the Secretary of State to be necessary or expedient for the purposes of this Act.

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Planning applications and consideration of the needs of the disabled