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

36

Further provision as regards the needs of the disabled

37

• (1) In each of sections 4(1), 5(1), 6(2), 8(1) and 8A(1) of the Chronically Sick and Disabled Persons Act 1970 (which impose on persons undertaking the provision of public buildings etc. certain duties as regards the needs of the disabled)—

• (a) for the words “provision, in so far as it is in the circumstances both practicable and reasonable” there shall be substituted the words “ appropriate provision ”; and

• (b) at the end there shall be added the words “ unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made. ”.

• (2) After the said section 4(1) there shall be inserted the following subsection—

(1A) In subsection (1) above “appropriate provision” in relation to any case means provision conforming with so much of the Code of Practice for Access for the Disabled to Buildings as is relevant to that case and “prescribed” means prescribed by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and in the foregoing provisions of this subsection “the Code of Practice for Access for the Disabled to Buildings” means the British Standards Institution code of practice referred to as BS 5810: 1979.

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• (3) After the said section 5(1) the following words shall be inserted as section 5(1A)— “ Subsection (1A) of section 4 of this Act shall apply in relation to the interpretation of the last foregoing subsection of this section as the said subsection (1A) applies in relation to the interpretation of subsection (1) of that section. ”;

and the same words shall be inserted as sections 6(2A), 8(1A) and 8A(1A) of the said Act of 1970.

• (4) In section 28 of the said Act of 1970 (which empowers the Secretary of State to define certain expressions appearing therein), after the word “Parliament” there shall be inserted “ —(a) ” and at the end there shall be added the words

; or (b) amend the definition of “the Code of Practice for Access for the Disabled to Buildings” in section 4(1A) of this Act.

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Postponement of effect of section 127(3) and (4) of the Education (Scotland) Act 1980

38

• (1) In Schedule 6 to the Education (Scotland) Act 1980 (which lists provisions thereof whose commencement is postponed until such day as the Secretary of State may by order appoint), at the end there shall be added the following paragraph (which relates to provisions requiring, among other things, a written summary of such vocational advice as a school leaver has received to be given to that school leaver)—

(16) Section 127(3) and (4).

• (2) Without prejudice to the validity of—

• (a) any actings of an education authority before the coming into force of this section; or

• (b) any expenses incurred in connection with such actings,

the said Act of 1980 shall be deemed to have had effect as if originally enacted as amended by subsection (1) above.

Part V — General

Expenses

39

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

Minor and consequential amendments

40

The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Repeals

41

The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Interpretation

42

In this Act—

• “the 1956 Act” means the Valuation and Rating (Scotland) Act 1956;

• “the 1966 Act” means the Local Government (Scotland) Act 1966;

• “the 1973 Act” means the Local Government (Scotland) Act 1973;

• “the 1975 Act” means the Local Government (Scotland) Act 1975; and

• “the 1978 Act” means the Housing (Financial Provisions) (Scotland) Act 1978.

Short title, commencement and extent

43

• (1) This Act may be cited as the Local Government (Miscellaneous Provisions) (Scotland) Act 1981.

• (2) Section 11 of this Act shall come into force on 1st January 1982.

• (3) Sections 4 to 10 of this Act and, in so far as relating to section 4(2) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, Schedule 4 to this Act shall come into force on 1st April 1982.

• (4) Sections 29 and 37 of this Act and, in so far as relating to section 7 of the Social Work (Scotland) Act 1968, Schedule 4 to this Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.

• (5) This Act extends to Scotland only.

SCHEDULE 1

In the 1975 Act—

SCHEDULE 2

The Burial Grounds (Scotland) Act 1855 (c. 68)

1

In section 24 (fixing of payments for interments in burial ground) the words “, subject to the approval of the sheriff of the county,” and the words from “; and a table” to the end shall cease to have effect.

The Public Health (Scotland) Act 1897 (c. 38)

2

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The Cremation Act 1902 (c. 8)

3

In section 9 (fees for cremation) the words “any such” and the words “as may be authorised by any table approved by the Local Government Board,” shall cease to have effect.

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c. 48)

4

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5

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The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)

6

For sub-paragraph (4) of paragraph 19 of Schedule 1 (control of confirming Minister over use of procedure for serving documents where name or address of person to be served unknown) there shall be substituted the following sub-paragraph—

(4) Where the maker of the order in connection with which the document is to be served is satisfied, after reasonable inquiry, that it is not practicable to ascertain (either or both)— (a) the name; (b) the address, of a person to be served, the document shall be taken to be duly served if, being addressed to that person either by name or by the description of “the owner”, “the lessee” or “the occupier” of the land (describing it) to which the order relates, as the case may be, and being plainly identifiable as a document of importance, it is delivered to some person on the land, or, if there is no such person thereon to whom iy may be delivered, it (or a copy of it) is affixed to some conspicuous part of the land.

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The Highways (Provision of Cattle-Grids) Act 1950 (c. 24)

7

Section 11 (regulations as to construction of cattle-grids) shall cease to have effect.

The Food and Drugs (Scotland) Act 1956 (c. 30)

8

Section 35(2) (transmission to the Secretary of State of public analyst’s quarterly reports) shall cease to have effect.

The Town and Country Planning (Scotland) Act 1959 (c. 70)

9

After subsection (2) of section 24 (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities) there shall be inserted the following subsection—

(2A) Before exercising any power of appropriation in relation to land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies— (a) shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed appropriation; and (b) shall consider any objections to that appropriation which may be made to them.

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10

After subsection (2) of section 27 (requirement of consent of Secretary of State etc. to certain disposals of land by local and other authorities) there shall be inserted the following subsection—

(2A) Before disposing of any land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies— (a) shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed disposal; and (b) shall consider any objections to that disposal which may be made to them.

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The Housing (Scotland) Act 1966 (c. 49)

11

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The Police (Scotland) Act 1967 (c. 77)

12

In section 2(2) (pay, allowances and reimbursement of expenses) the words “, being expenses of a kind approved either generally or in particular cases by the Secretary of State” shall cease to have effect.

13

Section 46(2) (restriction on aggregate amount of rewards) shall cease to have effect.

The Social Work (Scotland) Act 1968 (c. 49)

14

Subsections (3) and (4) of section 3 (Secretary of State’s involvement in appointment of any director of social work) shall cease to have effect.

The Housing (Scotland) Act 1969 (c. 34)

15

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The Town and Country Planning (Scotland) Act 1972 (c. 52)

16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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The Local Government (Scotland) Act 1973 (c. 65)

29

In subsection (6) of section 3 (titles of chairmen of councils), for the words from “the chairman”, where they occur for the second time, tothe end there shall be substituted the words “ and the chairman of each other regional, islands or district council shall be known by such title as that council may decide. ”.

30

• (1) In section 23 (change of name of region, islands area or district)

• (a) in subsection (1)—

• (i) the words “Subject to subsection (4) below,” shall cease to have effect; and

• (ii) for the words “a majority of the whole number of the members of the council” there shall be substituted the words “ not less than two-thirds of the members voting thereon ”; and

• (b) subsection (4) shall cease to have effect.

• (2) Sub-paragraph (1) above and, in so far as relating to section 23, Schedule 4 to this Act have no effect as regards a case where consent to a change of name has, before the coming into force of this paragraph, ben applied for, for the purposes of the said subsection (4).

31

• (1) For subsections (2) to (4) of section 53 (amendment of community councils scheme) there shall be substituted the following subsections—

(2) The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with— (a) the notified proposals; or (b) those proposals as amended to take account of any such representations: Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above. (3) A decision of the local authority— (a) to review, under subsection (1) above; or (b) to amend, under subsection (2) above, a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.

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• (2) Sub-paragraph (1) above and, in so far as relating to section 53, Schedule 4 to this Act have no effect as regards the operation of section 53 in relation to proposals which, before the coming into force of this paragraph, were submitted to the Secretary of State, under subsection (3) of that section.

32

Section 54 (default powers of Secretary of State as regards community councils scheme) shall cease to have effect.

33

In section 73 (local authority’s power to appropriate for the purpose of any function land vested in them for the purpose of any other function)—

• (a) in subsection (2), for the words from “(3)(a)” to “(3)(b)” there shall be substituted the word “ (3) ”; and

• (b) in subsection (3), for the words from “—(a)” to “space, or” there shall be substituted the words “ land which ”.

34

Section 121 (involvement of Treasury in determining rates of interest in relation to certain sums due to local authorities) shall cease to have effect.

The Housing (Scotland) Act 1974 (c. 45)

35

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36

In paragraph 9(a) of Schedule 2 (meaning of " interest") for the words from " the rate " to " authorities) " there shall be substituted the words " such reasonable rate as the local authority may determine ".

The Slaughter of Animals (Scotland) Act 1980 (c. 13)

37

In section 8(1) (byelaws as to slaughterhouses) the words “, and if required by the Secretary of State” shall cease to have effect.

The Water (Scotland) Act 1980 (c. 45)

38

Section 2 (power to require surveys and formulation of proposals) shall cease to have effect.

39

Section 19 (transfer of part of water undertaking) shall cease to have effect.

40

In section 58(1) (termination of right to supply water on special terms) the words “, with the approval of the Secretary of State” shall cease to have effect.

41

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

42

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SCHEDULE 3

The Local Government (Scotland) Act 1947 (c. 43)

1

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The Town and Country Planning (Scotland) Act 1959 (c. 70)

2

In section 24(2) (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities), for the words from “following” to the end there shall be substituted the words “ provision that land which is held for use as allotments shall not be appropriated except with the consent of the Secretary of State. ”.

3

In section 27—

• (a) in subsection (2) (requirment of consent by Secretary of State etc. to certain disposals of land by local and other authorities), for the words from “—(a)” to the end there shall be substituted the words “ of land held for use as allotments, if it is a disposal which apart from this section could not be effected except with the consent of a Minister, shall not be effected except with the consent of the Secretary of State. ”; and

• (b) subsection (3) (provisions ancillary to subsection (2)) shall cease to have effect.

4

In the fourth Schedule (authorities to whom Part II of the Act applies), after paragraph 3 there shall be inserted the following paragraph—

(3A) A water development board as defined in section 109(1) of the Water (Scotland) Act 1980.

.

The Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12)

5

In section 20 (repayment of rates paid in error), after the word “Where” there shall be inserted the words “ , notwithstanding section 2(2)(d) of the Local Government (Scotland) Act 1975 or any entry in a valuation roll which is no longer in force, ”.

6

• (1) In section 26(2) (interpretation), for the definition of “year” (and “year” followed by a reference to two calendar years) there shall be substituted the following definition— “ “year” means the financial year of a local authority; and “year” followed by a reference to two calendar years means the financial year beginning in the first of those calendar years; ”.

• (2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from the coming into operation of section 18 of the Local Government (Scotland) Act 1975 (financial year of local authorities).

The Land Compensation (Scotland) Act 1963 (c. 51)

7

In paragraph 2 of Schedule 2 (compensation for houses acquired as being unfit for human habitation), at the end there shall be added the following sub-paragraph—

(7) In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)— (a) in sub-paragraph (2) above, for the word “gross” there shall be susbtituted the words “1.25 times the net”; and (b) in sub-paragraph (4) above, for the word “gross”, wherever it occurs, there shall be substituted the word “net”.

.

The Housing (Scotland) Act 1966 (c. 49)

8

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

9

In section 127(3) (interest on certain local authority expenditure), for the words "the said section 25(1)" there shall be substituted the words " section 25(1) of the Housing (Scotland) Act 1969 ".

10

• (1) In section 177(1) (local authority to have regard to amenities of locality), at the end there shall be added the words " artistic interest ".

• (2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 3rd October 1980.

The Local Government (Scotland) Act 1966 (c. 51)

11

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12

In Part II of Schedule 4 (variation of fees for licences etc.), after paragraph 4 there shall be inserted the following paragraph—

4A. Section 5(3) of the Pedlars Act 1871.	The Secretary of State.

The Post Office Act 1969 (c. 48)

13

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

The Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

14

• (1) In section 42(3)(bb) (requirements in certain rent agreements), after the words “increase in” there shall be inserted the words “ the rent ”.

• (2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 1st December 1980.

The Town and Country Planning (Scotland) Act 1972 (c. 52)

15

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16

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17

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18

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19

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20

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21

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22

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23

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The Local Government (Scotland) Act 1973 (c. 65)

24

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25

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26

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27

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28

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The Housing (Scotland) Act 1974 (c. 45)

29

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30

• (1) In section 10A(2) (approval of application for repairs grant) after the words " accommodation for " there shall be inserted the words " such period ".

• (2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 3rd October 1980.

31

In Schedule 2 (consequences of breach of conditions of improvement grant)—

• (a) in paragraph 1, for the words "3 to 5 " there shall be substituted the words " 4 and 5 "; and

• (b) in paragraph 7, for the words " paragraphs 3 or 5 " there shall be substituted the words " paragraph 5 ".

The Local Government (Scotland) Act 1975 (c. 30)

32

In section 2(2)(d) (effect of correction to valuation roll), after the word “shall” where it first occurs there shall be inserted the words “ , subject to section 20 of the Local Government (Financial Provisions) (Scotland) Act 1963, ”.

33

In section 8(3) (times at which instalments of rates are payable), for the word “the” where it occurs for the second time there shal be substituted the word “ a ”.

34

In section 14(1)(b) (termination of certain existing grants in respect of rural bus and ferry services)—

• (a) for the words “section 34(2)” there shall be substituted the words “ subsection (3) of section 34 ”; and

• (b) for the word “and” where it first occurs, there shall be substituted the words “ ) or under subsection (4) of that section (towards expenditure incurred ”.

35

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36

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The Licensing (Scotland) Act 1976 (c. 66)

37

In section 1 (appointment of licensing board by council of district or islands area)—

• (a) in subsection (3), after the word “divided” there shall be inserted the words “ (or continue to be divided) ”;

• (b) in each of subsections (6) and (7)—

• (i) after the word “elections”, there shall be inserted the words

of those members— (a) except in so far as paragraph (b) below otherwise provides,

; and

• (ii) at the end there shall be added the words

; and (b) where a determination under subsection (3) above is made (whether or not such meeting of the council as is mentioned in paragraph (a) above), either— (i) at the meeting at which the determination is made; or (ii) at the first meeting of the council held after such meeting as is mentioned in sub-paragraph (i) above.

; and

• (c) in subsection (11), for the words “a fresh” there shall be substituted the word “ an ”.

The Water (Scotland) Act 1980 (c. 45)

38

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39

In section 109 (interpretation), after subsection (4) there shall be added the following subsection—

(5) For the purposes of section 29(2) of the Land Registration (Scotland) Act 1979 (construction of reference to Register of Sasines etc.) this Act shall be deemed to be an enactment passed before that Act.

.

The Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52)

40

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41

In section 5 (loan to assist tenant in purchase of dwelling-house)—

• (a) in paragraph (a) of subsection (2), the existing words from "within'' to the end shall be sub-paragraph (i) of the paragraph and after that sub-paragraph there shall be inserted the word " or " and the following sub-paragraph—

(ii) within one year and ten months after service of the application to purchase if the tenant has, in terms of section 2(8) of this Act, a fixed price option as regards the dwelling-house ;

; and

• (b) in subsection (5), after the words " 2(6)" there shall be inserted the words " or (8) ".

42

For subsection (4) of section 6 (recovery of discount on early re-sale) there shall be substituted the following subsection—

(4) Where as regards a dwelling-house or part of a dwelling-house there is, within the period mentioned in subsection (1) above, more than one disposal to which that subsection would (apart from the provisions of this subsection) apply, that subsection shall apply only in relation to the first such disposal of the dwelling-house, or as the case may be part.

.

43

In section 14(2)(b) (restriction as regards proceedings for recovery of possession), after the word " raised " there shall be inserted the words " on or ".

44

In section 15(1) (power of sheriff to adjourn proceedings for recovery of possession), for the word " 6 " there shall be substituted the word " 7 ".

45

In section 27 (duty to publish rules governing housing lists etc.)—

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

(1A) It shall be the duty of every registered housing association (within the meaning of the Housing Act 1974)— (a) to send— (i) to the Housing Corporation ; and (ii) to every islands, or district, council within whose area there are dwelling-houses let or to be let by the association under secure tenancies; and (b) to publish, in accordance with subsections (2) and (2A) below, within 6 months of the coming into force of paragraph 45 of Schedule 3 to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 and within 6 months of any alteration of the rules, any rules which it may have governing such matters as are mentioned in paragraphs (a) to (d) of subsection (1) above.

;

• (b) in each of subsections (2) and (3), after the words " subsection (1)" there shall be inserted the words " or (1A) ";

• (c) in subsection (2)—

• (i) after the word " times " there shall be inserted the words

— (i) in a case where the body is an islands or district council or a Development Corporation,

; and

• (ii) at the end there shall be added the words

; and (ii) in any other case, at its principal and other offices.

; and

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

(2A) Rules sent to a council in accordance with subsection (1A)(a)(ii) above shall be available for perusal at all reasonable times at its principal offices.

.

46

The following Schedule shall be inserted before Schedule 1—

SCHEDULE A1 (1) Paragraphs 1(2), 6 to 13 and 16 to 39 of Schedule 24 only shall apply and in them any reference to a general vesting declaration shall be treated as a reference to an order under section 1A of this Act. (2) The references, in paragraphs 6, 7 and 37 of that Schedule, to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 thereof to the acquiring authority having made a general vesting declaration shall be treated as a reference to such order having come into force. (3) In paragraph 6 of that Schedule— (a) the reference to every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such order relates is vested by the order in the landlord ; and (b) sub-paragraph (a) shall be omitted. (4) The reference in paragraph 20(2) of that Schedule to the date on which the notice required by paragraph 4 thereof is served on any person shall be treated as a reference to the date on which such an order comes into force. (5) In paragraph 29 of that Schedule— (a) sub-paragraph (1)(a) shall be omitted ; and (b) the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which such order came into force. (6) Any reference to the date of service of a notice to treat shall be treated as a reference to the date on which an order under section 1A of this Act comes into force. (7) Section 25(2) shall be treated as if for the words 'the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority' there were substituted the words ' an order under section 1A of the Tenants' Rights, Etc. (Scotland) Act 1980 vesting the land in which the interest subsists in the landlord has come into force, or an agreement has been made for the sale of the interest to the Landlord'. (8) In section 30— (a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words ; or (d) where an order has been made under section 1A of the Tenants' Rights, Etc. (Scotland) Act 1980 vesting the land in which the interest subsists in the landlord. (b) subsection (3) shall be treated as if in paragraph (a) the words ' or (d)' were inserted after the words ' subsection (2)(b)'. (9) Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under the said section 1A. (10) In Schedule 2, paragraph 1(2)(a) shall be treated as if the words ' or the coming into force of an order under section 1A of the Tenants' Rights, Etc. (Scotland) Act 1980 for the vesting of the land in the landlord' were inserted after the word ' land'.

.

SCHEDULE 4

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

Restriction on payment of rates by instalments.

New constitution of Scottish Valuation Advisory Council.

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

Expenses.

In the 1975 Act—

The Town and Contry Planning (Scotland) Act 1959 (c. 70)

The Slaughter of Animals (Scotland) Act 1974 (c. 45)

Editorial notes