Local Government and Planning (Scotland) Act 1982

Part I — Valuation and Rating Etc.

Proposals for reductions in local authorities' rates

1

In section 5 of the Local Government (Scotland) Act 1966 (which among other things provides that an element of rate support grant payable to a local authority may be reduced where the Secretary of State is satisfied that the total estimated expenses of the authority are excessive and unreasonable)—

• (a) in subsection (1)—

• (i) for the word “If”, where it occurs for the first time, there shall be substituted the words “Subject to subsections (1A)(b) and (3) below, if ” ; and

• (ii) the words “; and if the report is approved by a resolution of the Commons House of Parliament the Secretary of State may reduce the element of the grant accordingly” shall cease to have effect ;

• (b) at the end of subsection (1A) there shall be added the words “; and different such categories may be left out of account according to whether the proposed reduction under this section is of a rate or of the amount of an element of rate support grant. ” ; and

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

(3) Where the Secretary of State is satisfied as is mentioned in paragraph (c) of subsection (1), as read with subsection (1A), above, he may in his report under the said subsection (1), instead of or in addition to proposing a reduction in the amount of an element of rate support grant, propose a reduction in the rate determined by the local authority ; and the provisions of the said subsection (1) shall apply to the amount of, reasons for and representations with respect to, the proposed reduction in rate as they apply to a proposed reduction in the amount of such element. (4) If a report under subsection (1) above is approved by the Commons House of Parliament and contains a proposal— (a) to reduce an element of rate support grant, the Secretary of State may reduce that element by an amount not exceeding the amount of the reduction proposed ; (b) that there should be a reduction in the rate determined by the authority to which the report relates, the authority shall forthwith determine under this paragraph a new rate less, by the proposed reduction in the rate or by such smaller amount as the Secretary of State may agree, than the rate determined by them under section 108 of the Local Government (Scotland) Act 1973: Provided that where, for any reason whatsoever, by the twenty-eighth day after the approval under this section of a report an authority have not made a determination required, in relation to that report, by paragraph (b) above the authority shall be deemed to have determined on that day a rate under the paragraph such that the reduction proposed under subsection (3) above by the Secretary of State is effected. (5) If an authority determine a rate under paragraph (b) of subsection (4) above, or are deemed by virtue of the proviso to that subsection to have determined such a rate, 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 (and the rights and liabilities of ratepayers shall be construed) accordingly. (6) 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 (or deemed determination) under paragraph (b) of subsection (4) above. (7) An order made under subsection (6) above shall have no effect until approved by resolution of each House of Parliament. (8) A reference in this Act (except this section) and in any other enactment (except subsection (1) of the said section 108) whether passed before or after the passing of this Act, to such rates as are determined under the said section 108 shall be construed as including a reference to such rates as are determined, or are deemed to have been determined, under paragraph (b) of subsection (4) above. (9) Section 19 of the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (which among other things empowers the Secretary of State to make certain estimates where a local authority fail to supply him timeously with information) shall apply for the purposes of such of the Secretary of State’s functions under this section as do not relate to rate support grants as it applies for the purposes of those which do.

.

Prohibition of using sums from loans fund to offset effect of determination of new rate

2

Redetermination of estimated aggregate amount of rate support grants

3

For subsection (1) of section 4 of the Local Government (Scotland) Act 1966 (which among other things empowers the Secretary of State to increase the amount fixed by a rate support grant order if he is satisfied that the relevant expenditure of local authorities has been, or is likely to be, substantially increased by an increase in prices, costs or remuneration) there shall be substituted the following subsection—

(1) The Secretary of State may, at any time after the estimated aggregate amount of the rate support grants has been fixed for any year, redetermine, under section 2(2) of this Act, that amount for that year.

.

Rating of plant and machinery

4

Valuation of and reduction and remission of rates payable in respect of communal accommodation for single people

5

• (1) In section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (which provides for reduction and remission of rates payable by charitable and other organisations)—

• (a) in subsection (2)—

• (i) after paragraph (b) there shall be inserted the words—

; or (c) are within any such category as the Secretary of State may by order specify, being a category of lands and heritages which are not used for profit-making purposes, which are wholly or mainly used as residential accommodation for persons living separately from any family and in which certain facilities are shared by those persons,

;

• (ii) after the words “described in” there shall be inserted the word “—(i) ” ; and

• (iii) after the words “one-half” there shall be inserted the following sub-paragraph—

(ii) paragraph (c) of this subsection shall not exceed such fraction (and different fractions may be specified for different cases) as the Secretary of State may by the said order specify,

;

• (b) in subsection (5)(a), for the words “or (b)” there shall be substituted the words “(b) or (c) ” ; and

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

(12) An order under subsection (2)(c) of this section shall have no effect until approved by resolution of each House of Parliament.

.

• (2) Where the Secretary of State has power under paragraph (c) of section 4(2) of the said Act of 1962 (the which paragraph is inserted by subsection (1) above) to specify a category of lands and heritages he may instead or in addition prescribe a method whereby the values of, or of certain of, those lands and heritages are, for the purpose of making up any valuation roll, to be ascertained.

• (3) Prescription under subsection (2) above shall be by order made by statutory instrument; and such order shall have no effect until approved by resolution of each House of Parliament.

Part II — Local Authority Functions

Effect of specific power or duty to incur expenditure at one tier of local government on exercise of general such power at different tier

6

Functions of local authority in relation to industrial promotion

7

Power of local authority to enter into arrangements under Employment and Training Act 1973

8

Every local authority (a) shall have power and shall be deemed always to have had power to enter into arrangements with . . . the Secretary of State under the provisions of the Employment and Training Act 1973. and

• (b) shall have power to take part in any arrangements made in pursuance of section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (which relates to arrangements made by Scottish Enterprise and by Highlands and Islands Enterprise for persons to train for employment etc.).

Re-allocation of responsibility for certain local authority functions relating to the countryside

9

Part II of Schedule 1 to this Act (amendment of certain enactments relating to the countryside) shall continue to have effect.

Re-allocation of responsibility for the establishment of nature reserves

10

In section 21 (1) of the National Parks and Access to the Countryside Act 1949 (which relates to the establishment of nature reserves), for the words “a regional, islands or district council” there shall be substituted the words “a general or district planning authority ”.

Islands or district council's functions in relation to tourism

11

• (1) In section 90 of the 1973 Act (which among other things empowers a local authority to encourage tourism in their area)—

• (a) in subsection (1)—

• (i) for the words “A local authority” there shall be substituted the words “An islands or district council ” ;

• (ii) in paragraph (a) after the word “otherwise” there shall be inserted the words “(and whether inside or outside the United Kingdom) ” ; and

• (iii) at the end of the subsection there shall be added the following proviso—

: Provided that any power under this subsection to do anything outside the United Kingdom shall be exercisable only with the express or general consent of the Secretary of State or with the express consent of such body as he may direct the islands or district council to consult.

; and

• (b) for subsection (2) there shall be substituted the following subsections—

(2) Without prejudice to subsection (1) above, an islands or district council may contribute towards expenses incurred by any person in his doing (or body in their doing) anything mentioned in paragraph (a) or (b) of that subsection: Provided that where such thing is done by the person (or body) outwith the United Kingdom the power conferred by the foregoing provisions of this subsection shall be exercisable only with such consent as is mentioned in the proviso to that subsection. (3) A regional council may contribute towards expenses incurred by any person in his doing (or body in their doing) anything mentioned in the said paragraph (a) or (b) if that council consider that the thing done is or would be of benefit to their area or to any part thereof.

.

• (2) After the said section 90 there shall be inserted the following section—

(90A) After consultation with the Scottish Tourist Board, islands and district councils may prepare (or arrange for the preparation of) schemes, in which they may participate, providing for— (a) the forming of organisations of such persons as carry on, or have powers or duties as regards, or appear to the councils (or the person preparing the scheme) to have an interest in, activities which relate to tourism ; and (b) the composition and functions of such organisations.

.

Regional or islands council's functions in affording assistance for rural bus services

12

In section 34(1) of the Transport Act 1968 (which empowers regional, islands or district councils to afford financial assistance for rural bus services), for the words “, islands or district” there shall be substituted the words “or islands ”.

Local authorities' functions in relation to the provision of caravan sites

13

• (1) In section 24 of the Caravan Sites and Control of Development Act 1960 (which empowers local authorities to provide sites for caravans), for subsection (8) there shall be substituted the following subsections—

(8) In the foregoing provisions of this section “local authority” means an islands or district council but in relation to a caravan site providing accommodation for persons to whom subsection (8A) below applies includes a regional council and in relation to a caravan site the provision of which appears to a regional council or regional planning authority to be expedient for the exercise by them of any function which they have under section 40 (functions as regards long-distance routes), 48 (functions as regards country parks), 48A (functions as regards regional parks), 49A (functions as regards management agreements concerning the countryside), 61 or 63 (functions as regards the re creational use of waterways) of the Countryside (Scotland) Act 1967 includes that regional council or, as the case may be, regional planning authority. (8A) This subsection applies to persons of nomadic habit of life, whatever their race or origin , but it does not apply to— (a) members of an organised group of travelling showmen; or (b) persons engaged in a travelling circus, travelling together as such.

.

• (2) For subsection (2) of section 182 of the 1973 Act (which assigns to local authorities functions under Part I of the said Act of 1960), there shall be substituted the following subsection—

(2) Subject to section 24(8) of the Caravan Sites and Control of Development Act 1960, the functions of local authorities under Part I of that Act shall be functions of islands and district councils.

.

Islands or district council's duties in relation to the provision of recreational, sporting, cultural and social facilities and activities

14

• (1) Subject to subsection (2) below and to section 19 of this Act, a local authority shall ensure that there is adequate provision of facilities for the inhabitants of their area for recreational, sporting, cultural and social activities.

• (2) Without prejudice to section 63 of the Countryside (Scotland) Act 1967 (which empowers water authorities to provide recreational facilities), in relation to the provision of facilities for the recreational or sporting use of—

• (a) a reservoir (within the meaning of the Reservoirs (Scotland) Act 2011 (asp 9) but irrespective of the volume of water held in the reservoir); or

• (b) an inland waterway (within the meaning of the said Act of 1967) or any part of such waterway,

which is managed and operated by Scottish Water, no duty is imposed by subsection (1) above and no power conferred by sections 15 to 18 of this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Islands or district council's powers in relation to the provision of recreational, sporting, cultural and social facilities and activities

15

• (1) The provisions of this section and of the following section are without prejudice to the duty imposed by subsection (1) of section 14 of this Act and are subject to subsection (2) of that section and to section 19 of this Act.

• (2) A local authority may provide or do, or arrange for the provision of or doing of, or contribute towards the expenses of providing or doing, anything necessary or expedient for the purpose of ensuring that there are available, whether inside or outside their area, such facilities for recreational, sporting, cultural or social activities as they consider appropriate.

Provisions supplementary to section 15

16

• (1) Without prejudice to the generality of their powers under section 15 of this Act, a local authority may, for the purposes of their functions under subsection (2) of that section—

• (a) provide entertainment of any kind;

• (b) maintain a body for the promotion of a recreational, sporting, cultural or social activity;

• (c) permit any facility provided by the authority under the said section 15 to be run by another person on such conditions (including conditions as to the charges if any)—

• (i) to be imposed on the person in respect of the rights thereby enjoyed by him; or

• (ii) which may be imposed by the person on members of the public for admission to, or use or enjoyment of, that facility, as the authority think fit;

• (d) use for the purposes of an entertainment provided, or a recreational, sporting, cultural or social activity provided or promoted, by them any facility (or any part thereof) provided by them under the said section 15;

• (e) charge for admission to any facility provided by them under the said section 15 or for admission to or participation in, and for any programme supplied at or in connection with, any such entertainment or activity as is mentioned in paragraph (d) above;

• (f) accept the right to manage and control a park devoted or partly devoted to public use from the owner of that park or from any other person entitled to transmit that right;

• (g) enter into an agreement with the owner of any park or with any other person whereby—

• (i) access to the park for the public is obtained or enhanced; or

• (ii) provision is made for management and control of the park by the authority;

• (h) let as a shop, stall or restaurant a building in a park under their management and control;

• (i) set apart some of any such park for any purpose which they consider appropriate having regard to their functions under the foregoing provisions of this section and under the said section 15;

• (j) do anything necessary to defend a public right in any park; or

• (k) conduct, either by themselves or in collaboration with a voluntary organisation or other person, a competition in connection with a sporting or recreational activity; and with regard to that competition—

• (i) paragraph (e) above shall apply as it applies to any such entertainment or activity as is mentioned in paragraph (d) above; and

• (ii) the authority may provide trophies and prizes.

• (2) Without prejudice to the generality of their powers under section 15 of this Act, a local authority may contribute—

• (a) by way of grant or loan towards expenses incurred, or to be incurred, as regards recreational, sporting, cultural or social facilities or activities by a voluntary organisation or other person, not being a local authority, in providing or maintaining such facilities (or, as the case may be, in providing or promoting such activities) if the authority have powers themselves, under the said section 15 or under the foregoing provisions of this section, to provide such facilities or activities;

• (b) by way of grant towards expenses incurred, or to be incurred, by another local authority in providing or maintaining any such facility or in providing or promoting any such activity;