Local Government etc. (Scotland) Act 1994

(124) (1) Where an education authority appoint a committee whose purposes include— (a) advising the authority on any matter relating to the discharge of their functions as education authority; or (b) discharging any of those functions of the authority on their behalf, the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section. (2) Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that— (a) at least half of the persons appointed by them to be members of such committee are members of the authority; and (b) the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below. (3) Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above. (4) The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are— (a) one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church; (b) in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and (c) one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there. (5) Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “one-half”

.

Co-operation between education authorities

32

• (1) Section 23 of the Education (Scotland) Act 1980 (provision by education authority for education of pupils belonging to areas of other authorities) shall be amended in accordance with this section.

• (2) After subsection (1) there shall be inserted—

(1A) Without prejudice to any other provision of this Act, for the purposes of their duty under section 1 of this Act an education authority shall have power to make arrangements with another education authority (in this subsection referred to as a “provider authority”) for the provision of school education or further education for any pupils belonging to the area of the authority in a school or educational establishment under the management of the provider authority. (1B) Arrangements made under this Act by an education authority for the placing of children in schools may include provision to give effect to any arrangements made under subsection (1A) above. (1C) Where the arrangements for the placing of children in schools subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 lead, as a consequence of such establishment, to school education for pupils belonging to the area of one education authority being provided at schools or educational establishments under the management of another education authority, nothing in this Act shall prevent such arrangements from continuing until they are changed by an education authority in accordance with this Act.

.

• (3) After subsection (3) there shall be inserted—

(3A) Where an education authority’s arrangements for the placing of children in schools under their management give any priority to siblings of pupils attending such schools, those arrangements shall not discriminate between siblings belonging to the area of that education authority and siblings belonging to the area of another education authority.

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Planning

Structure plans

33

Police

Reorganisation of police areas

34

After section 21 of the Police (Scotland) Act 1967 there shall be inserted the following section—

(21B) (1) Subject to the provisions of this section, the police forces established and maintained for existing police areas in Scotland under this Act immediately prior to 1st April 1996 shall continue in existence on and after that date in accordance with the provisions of this section. (2) The police forces for the existing police areas of Fife and Dumfries and Galloway shall be the police forces for the new police areas of the same names. (3) The Secretary of State shall, before 1st April 1996, by order make amalgamation schemes amalgamating the police areas mentioned in the second column of the table below into the combined police areas mentioned in the first column of that table, and the police forces for the existing police areas shown in brackets in the first column shall be the police forces for the new combined police areas.

Combined area	Police areas comprised
Northern (Northern).	Highland, Western Isles, Orkney Islands, Shetland Islands.
Grampian (Grampian).	Aberdeenshire, Moray, City of Aberdeen.
Tayside (Tayside).	Perthshire and Kinross, Angus, City of Dundee.
Central Scotland (Central Scotland).	Stirling, Clackmannan, Falkirk.
Lothian and Borders (Lothian and Borders).	City of Edinburgh, East Lothian, Midlothian, West Lothian, the Borders.
Strathclyde (Strathclyde).	Argyll and Bute, Dumbarton and Clydebank, City of Glasgow, East Dunbartonshire, Inverclyde, North Lanarkshire, South Lanarkshire, Renfrewshire, East Renfrewshire, East Ayrshire, North Ayrshire, South Ayrshire.

(4) Subject to section 19A of this Act, an amalgamation scheme made under this section may contain such provision as the Secretary of State considers necessary or appropriate for the purposes of the scheme including, without prejudice to the generality of the foregoing, any provision which is required to be made, or which may be made, in an amalgamation scheme made by virtue of section 19 of this Act. (5) Before making an amalgamation scheme under this section the Secretary of State shall— (a) consult such police authorities as appear to him to be affected by the scheme; and (b) where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not. (6) The schemes made by an order under this section shall not take effect before 1st April 1996, except in relation to— (a) the constitution of joint police boards; and (b) the carrying out by those boards of any functions necessary to bring the schemes into operation on that date. (7) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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Amalgamation schemes

35

For section 20 of the Police (Scotland) Act 1967 there shall be substituted the following section—

(20) (1) If it appears to the Secretary of State that it is expedient in the interests of efficiency to make an amalgamation scheme for any police areas, he may, in accordance with the provisions of this section, make such amalgamation schemes, containing such provisions, as he considers appropriate. (2) Without prejudice to the generality of subsection (1) above, but subject to section 19A of this Act, an amalgamation scheme under this section may provide— (a) for the amalgamation of any two or more police areas into a combined area; (b) for the alteration of an existing combined area by the addition to or deletion from it of any police area; (c) for the establishment or re-establishment and maintenance of police forces for any police area or combined area resulting from the scheme; (d) for the dissolution and winding up of any joint police board constituted under a pre-existing amalgamation scheme, or for the reconstitution of any such board; (e) for the transfer or retransfer to such police forces as may be determined by the scheme of constables affected by the scheme; (f) for the transfer or retransfer to such authorities as may be determined by the scheme of any officers, property, rights or liabilities affected by the scheme; (g) for the doing of anything which is required to be done, or which may be done, in an amalgamation scheme made under section 19 of this Act; and (h) for any other matters incidental to or consequential on the provisions of the scheme. (3) Before making a scheme under this section which contains provision such as is mentioned in subsection (2)(a) or (b) above the Secretary of State shall— (a) consult such police authorities as appear to him to be affected by the scheme; and (b) where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not. (4) A scheme under this section shall be contained in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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Fire services

Fire services

36

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

Rivers

River purification boards

37

Roads

Roads

38

• (1) The Roads (Scotland) Act 1984 shall be amended in accordance with this section.

• (2) After section 12 there shall be inserted the following sections—

(12A) (1) Without prejudice to section 5 of this Act, where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996— (a) that any existing road should become a trunk road; or (b) that any trunk road should cease to be a trunk road, he may by order direct that the road shall become a trunk road or, as the case may be, shall cease to be a trunk road, as from such date as may be specified in that regard in the order. (2) Where an order under this section directs that a road shall cease to be a trunk road, it may also direct that— (a) as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the road; and (b) the authority shall enter the road in their list of public roads. (3) An order under this section may relate to one or more roads. (12B) (1) Without prejudice to section 5 of this Act, where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996— (a) that any proposed road— (i) to be constructed by the local roads authority; and (ii) in respect of which all necessary planning permission has been granted or is deemed to have been granted, should become a trunk road; or (b) that any proposed road— (i) to be constructed by the Secretary of State as a trunk road; and (ii) in relation to which an order has been made under section 5 of this Act, should not become a trunk road, he may by order direct that the proposed road shall or, as the case may be, shall not become a trunk road. (2) Where an order is made in respect of a proposed road as mentioned in subsection (1)(a) above— (a) subject to subsection (6) below, the Secretary of State may, for the purposes of the construction of that road, do any thing which he would have been entitled to do if an order under section 12 of this Act (in this section referred to as a “section 12 order”) had been made in relation to that road; and (b) where an environmental statement has been published in respect of the project, the Secretary of State shall not be required to publish a further environmental statement, but otherwise the Secretary of State shall in all respects be in the same position in relation to that proposed road as the local roads authority would have been if such order had not been made. (3) Where an order is made in respect of a proposed road as mentioned in subsection (1)(b) above— (a) the local roads authority may proceed with construction of the said road as if all necessary planning permission had been granted; (b) the section 12 order made in relation to that road shall apply as if— (i) the local roads authority were the roads authority referred to in such order; and (ii) all necessary planning permission has been granted; and (c) where an environmental statement has been published in respect of the project, the local roads authority shall not be required to publish a further environmental statement. (4) Where an order under this section directs that a proposed road shall not become a trunk road, it may also direct that— (a) as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the proposed road; and (b) on such date as may be specified in that regard in the order, the authority shall enter the road in their list of public roads. (5) An order under this section may relate to one or more proposed roads. (6) The Secretary of State shall not by virtue of this section be empowered— (a) to stop up a road as mentioned in section 12(1)(a)(i) of this Act; or (b) to do anything mentioned in paragraphs (a) and (b) of section 70 of this Act except where the local roads authority have been so authorised under a section 12 order; and where such an order has been made, the Secretary of State may do anything he would have been authorised to do if the order had been made by him. (7) In this section and in section 12C of this Act “planning permission” means permission under Part III of the Town and Country Planning (Scotland) Act 1972. (12C) (1) Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that— (a) a special road which the Secretary of State is authorised to provide by virtue of a scheme under section 7 of this Act (a “section 7 scheme”) should be provided by a local roads authority; or (b) a special road which a local roads authority is authorised to provide by virtue of a section 7 scheme which has been confirmed by the Secretary of State should be provided by the Secretary of State, he may by order direct that the local roads authority or, as the case may be, the Secretary of State shall be authorised to provide such special road; and the section 7 schemes relating to those special roads shall (notwithstanding their terms) be deemed to authorise the provision of such special roads by the local roads authority and the Secretary of State respectively. (2) Where an order is made in respect of a special road as mentioned in subsection (1)(a) above— (a) where the Secretary of State has made an order under section 9 of this Act (a “section 9 order”) in relation to that special road, the local roads authority may treat that order as if it were an order made by them and confirmed by the Secretary of State; (b) any necessary planning permission (whether relating to the special road or the doing of anything authorised by virtue of the section 9 order) shall be deemed to have been granted to the local roads authority; and (c) where an environmental statement has been published in respect of the project, the local roads authority shall not be required to publish a further environmental statement. (3) Where an order is made in respect of a special road as mentioned in subsection (1)(b) above— (a) if the local roads authority have made a section 9 order which has been confirmed by the Secretary of State, the Secretary of State may treat that section 9 order as if it were an order made by him; and (b) where an environmental statement has been published in respect of the project, the Secretary of State shall not be required to publish a further environmental statement, but otherwise the Secretary of State shall in all respects be in the same position in relation to that special road as the local roads authority would have been if such order had not been made. (12D) The provisions of section 112 of this Act shall apply, subject to such modifications as the Secretary of State may by order specify, to roads, proposed roads and special roads such as may be mentioned in orders made under sections 12A, 12B, 12C and 12E of this Act as they apply to roads mentioned in the said section 112. (12E) (1) Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that any proposed road to be constructed by a local roads authority should become a trunk road, but the condition mentioned in subsection (1)(a)(ii) of section 12B of this Act is not satisfied in relation to such proposed road, he may, notwithstanding the provisions of that subsection, by order direct that the proposed road shall become a trunk road. (2) The provisions of paragraphs (a) and (b) of section 12B(2) of this Act shall apply where an order is made under subsection (1) above as they apply where an order is made under subsection (1)(a) of that section. (3) Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that a special road in respect of which a section 7 scheme has been made by a local roads authority but not confirmed by the Secretary of State should be provided by him, he may, notwithstanding the provisions of subsection (1)(b) of section 12C of this Act, by order, direct that he shall be authorised to provide such special road by virtue of such scheme. (4) The provisions of paragraphs (a) and (b) of section 12C(3) of this Act shall apply where an order is made under subsection (3) above as they apply where an order is made under subsection (1)(b) of that section. (5) An order under subsection (1) or (3) above may include provision specifying the extent to which compliance before the making of that order with any statutory requirement in relation to the proposed road or, as the case may be, special road shall be deemed to satisfy for all purposes any statutory requirement which the Secretary of State would, apart from such provision, have been required to comply with in relation to that proposed road or special road. (6) As from the date of an order under subsection (1) or (3) above, the proposed road or, as the case may be, special road shall be deemed always to have been a proposed road to be constructed by the Secretary of State or a special road which the Secretary of State is authorised to provide. (12F) An order under section 12A, 12B, 12C, 12D or 12E of this Act may not be made so as to take effect more than 3 years after 1st April 1996.

.

• (3) In section 112 (transfer of property and liabilities on road becoming or ceasing to be a trunk road)—

• (a) in subsection (1), after paragraph (c) there shall be inserted the following paragraph—

(d) any property such as is mentioned in subsection (1A) below

;

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

(1A) The property mentioned in paragraph (d) of subsection (1) above is property which— (a) was, immediately before the operative date, vested in the former roads authority for the purposes of their functions in relation to more than one road (including the road mentioned in that subsection); and (b) is specified in an order made by the Secretary of State. (1B) Where any property is transferred to and vests in the Secretary of State as mentioned in subsection (1)(d) above, he shall make arrangements with the former roads authority as respects the use of that property; and any dispute between the Secretary of State and the former roads authority as to any arrangements made under this subsection shall be determined in like manner as any dispute such as is mentioned in subsection (7) below.

; and

• (c) in subsection (2), for the words “subsection (1)” there shall be substituted the words “ subsections (1) and (1A) ”.

• (4) In section 143(2)(a)(ii) (orders subject to negative resolution), after “section 8” there shall be inserted “ , 12A, 12B, 12C, 12D, 12E ”.

Roads authority for boundary bridges

39

After section 81 of the Roads (Scotland) Act 1984 there shall be inserted—

(81A) (1) This section applies where a public road is carried by a bridge over a waterway and the bridge lies partly in the areas of two local roads authorities. (2) Where this section applies, the authorities concerned may make arrangements as to— (a) which of them shall be the roads authority in relation to that bridge; (b) the performance by such roads authority in relation to the bridge of any of the roads functions of the other authority; and (c) the making of contributions by that other authority to the roads authority in respect of expenditure incurred in the performance of those functions. (3) Where arrangements are not made as mentioned in subsection (2) above, the Secretary of State may, on the application of one of the roads authorities concerned, make a determination in respect of the matters mentioned in paragraphs (a) to (c) of that subsection. (4) A determination of the Secretary of State under subsection (3) above shall be binding.

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Public transport

Establishment etc. of Strathclyde Passenger Transport Authority

40

• (1) With effect from 1st April 1996 there shall be a Passenger Transport Authority to be known as the Strathclyde Passenger Transport Authority (in this section referred to as “the Authority”) for the Strathclyde Passenger Transport Area for the purposes of Part II of the Transport Act 1968.

• (2) On 1st April 1996 all of the functions, staff, property, rights, liabilities and obligations of Strathclyde Regional Council as Passenger Transport Authority shall be transferred to and vest in the Authority.

• (3) Section 9 of this Act shall apply to any person transferred to the Authority under this section as if any reference in that section to a new authority included a reference to the Authority.

• (4) The Secretary of State may by order—

• (a) designate the passenger transport area of the Authority; and

• (b) make provision for the constitution and membership of the Authority in accordance with the provisions of Schedule 5 to this Act.

• (5) Without prejudice to the provisions of the said Schedule 5, an order under subsection (4) above shall include—

• (a) such provision with respect to any of the matters referred to in that Schedule; and

• (b) such supplementary, incidental and consequential provision,

as the Secretary of State considers necessary or expedient.

• (6) Before making an order under subsection (4) above the Secretary of State shall consult such persons or bodies as he thinks fit.

• (7) The following provisions of the 1973 Act shall apply, subject to any necessary modifications, with respect to the Authority as they apply with respect to a local authority or, in the case of section 106(2), a body, that is to say—

• (a) section 95 (financial administration);

• (b) section 96 (accounts and audit);

• (c) section 97 (Commission for Local Authority Accounts in Scotland);

• (d) section 97A (studies for improving economy etc. in services);

• (e) section 97B (furnishing of information and documents to Commission);

• (f) section 98 (expenses and accounts of Commission);

• (g) section 99 (general duties of auditors);

• (h) section 100 (auditor’s right of access to documents);

• (i) section 101 (right of interested person to inspect and object to accounts: completion of audit);

• (j) section 102 (reports to Commission by Controller of Audit);

• (k) section 103 (action by Commission on reports by Controller of Audit);

• (l) section 104 (action by Secretary of State on recommendation by Commission under section 103(3));

• (m) section 105 (regulations as to accounts); and

• (n) section 106(2) (accounts of officer to be audited in certain circumstances).

• (8) The Secretary of State may by order vary the passenger transport area of the Authority.

• (9) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) Schedule 5 to this Act (which makes provision for the constitution, proceedings etc. of the Authority) shall have effect.

Amendment of section 13 of Transport Act 1968

41

For section 13 of the Transport Act 1968 (grants to the Executive) there shall be substituted—

(13) (1) Any expenditure of the Strathclyde Passenger Transport Authority shall, in so far as not otherwise met, be met by the local authorities whose areas lie wholly or partly within the area of the Authority in such proportions as the authorities may agree. (2) Where— (a) the authorities mentioned in subsection (1) above cannot reach agreement as to the proportions in which the expenditure of the Authority shall be met by them and the Authority make an application to the Secretary of State for resolution of the matter; or (b) it appears to the Secretary of State that those authorities are unable to reach such agreement, the Secretary of State shall determine the proportions in which such expenditure shall be met by those authorities. (3) The Authority shall have power to make grants to the Executive for any purpose.

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Traffic

Power to secure management of traffic control system

42

• (1) Where the Secretary of State considers that—

• (a) for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and

• (b) the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control,

he may make an order under this section.

• (2) An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system.

• (3) The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above.

• (4) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions—

• (a) as may be agreed between the authorities; or

• (b) where there is no agreement, as may be determined by him.

• (5) In this section—

• “road” has the same meaning as in the Roads (Scotland) Act 1984; and

• “traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984.

Guidance as to exercise of traffic powers

43

• (1) For the purpose of ensuring that the exercise by an authority of any of the powers mentioned in subsections (2) and (3) below does not have an adverse effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—

• (a) on the roads of any other authority; or

• (b) on the national system of routes for through traffic in Scotland,

the Secretary of State may issue guidance to an authority as to the exercise of those powers.

• (2) The powers referred to in subsection (1) above are the powers of an authority to make, vary or revoke orders under or by virtue of any of the following sections of the Road Traffic Regulation Act 1984, that is to say—

• (a) section 1 (traffic regulation orders);

• (b) section 9 (experimental traffic orders);

• (c) section 19 (orders concerning public service vehicles);

• (d) section 32 (provision of parking places by authorities);

• (e) section 35 (orders as to use of parking places);

• (f) section 37 (orders relating to general scheme of traffic control);

• (g) section 38 (orders as to use of parking places as bus or coach stations);

• (h) section 45 (orders designating paying parking places);

• (i) section 46 (further orders regulating paying parking places);

• (j) section 49 (designation orders and designated parking places);

• (k) section 53 (designation orders);

• (l) section 82(2) (directions concerning restricted roads); and

• (m) section 84 (speed limits on certain roads).

• (3) The powers referred to in subsection (1) above are the powers of an authority under sections 36 (construction of road humps) and 39A (construction of traffic calming works) of the Roads (Scotland) Act 1984.

• (4) Before issuing guidance under this section the Secretary of State shall consult

• (a) the Common Services Agency for the Scottish Health Service in respect of the provision by them of an ambulance service by virtue of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974

• (b) the chief constable of the Police Service of Scotland,

• (c) the Scottish Fire and Rescue Service, and

• (d) the authorities for the areas to which the guidance relates.

for the areas to which the guidance relates.

• (5) Without prejudice to his power to make regulations under paragraph 21 of Schedule 9 to the Road Traffic Regulation Act 1984 or, as the case may be, section 39B(1) of the Roads (Scotland) Act 1984, the Secretary of State may by regulations make provision as to the procedures to be followed by authorities in relation to the guidance.

• (6) An authority shall, before exercising any power mentioned in subsections (2) and (3) above, and subject to any regulations made under subsection (5) above—

• (a) have regard to any guidance issued to them under this section;

• (b) consider whether the proposed exercise of such power would be likely to have an effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—

• (i) on a road in the area of any other authority; or

• (ii) on a road in the national system of routes for through traffic in Scotland; and

• (c) if the proposed exercise would, in their opinion, have such an effect, consult—

• (i) in the case of a road such as is mentioned in paragraph (b)(i) of this subsection, the other authority; or

• (ii) in the case of a road such as is mentioned in paragraph (b)(ii) of this subsection, the Secretary of State.

• (7) Where an authority take any action which, in the opinion of the Secretary of State—

• (a) is contrary to any guidance issued to the authority under this section; and

• (b) has or is likely to have an adverse effect on either of the matters referred to in paragraphs (a) and (b) of subsection (1) above,

the Secretary of State may, after consulting the authority, direct the authority to take such steps within a period specified by him as may be necessary to conform with that guidance.

• (8) If, in the opinion of the Secretary of State, an authority have failed to comply with a direction under subsection (7) above, he may exercise any of their powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from that authority.

• (9) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) In this section—

• “authority” means—in relation to the exercise of the powers mentioned in subsection (2) above, a traffic authority (within the meaning of the Road Traffic Regulation Act 1984); andin relation to the exercise of the powers mentioned in subsection (3) above, a roads authority (within the meaning of the Roads (Scotland) Act 1984); and

• “road” has the same meaning as in the Roads (Scotland) Act 1984.

Restriction on order-making powers of existing authorities

44

• (1) Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order—

• (a) will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and

• (b) will continue in effect after 31st March 1996,

they shall, before making the order, seek the consent of the successor authority.

• (2) The orders referred to in subsection (1) above are any orders made under the following provisions of the Road Traffic Regulation Act 1984—

• (a) section 1 (traffic regulation orders);

• (b) section 9 (experimental traffic orders);

• (c) section 14 (temporary traffic orders);

• (d) section 32 (provision of parking places by authorities);

• (e) section 35 (orders relating to use of parking places);

• (f) section 37 (orders as to general scheme of traffic control);

• (g) section 45 (orders designating paying parking places);

• (h) section 46 (further orders regulating paying parking places); and

• (i) section 84 (speed limits on certain roads).

• (3) Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.

• (4) Where—

• (a) a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and

• (b) the successor authority have failed, within 6 weeks of such consent being sought, to consent,

the successor authority shall be deemed to have given such consent.

• (5) In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.

Social work

Chief social work officer

45

—For section 3 of the Social Work (Scotland) Act 1968 (director of social work), there shall be substituted the following section—

(3) (1) For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer. (2) The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.

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Chapter 7 — Miscellaneous

Licensing boards

46

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

Proceedings in district courts: transitional provisions

47

Where proceedings were instituted before 1st April 1996 in any district court and those proceedings have not been completed by that date, then, for the purpose of enabling those proceedings to be continued on and after that date, and for preserving in other respects the continuity of the administration of justice—

• (a) the district court having jurisdiction on and after that date in the area where the proceedings were instituted shall be treated as succeeding to, and being the same court as, the district court in which the proceedings were instituted, and any verdict, sentence, order, complaint, notice, citation, warrant, or other proceedings or document shall have effect accordingly; and

• (b) the clerk of the district court in which the proceedings were instituted shall transfer all records, productions and documents relating to those proceedings to the clerk of the district court treated as succeeding to that court.

Amendment of District Courts (Scotland) Act 1975

48

In section 2 of the District Courts (Scotland) Act 1975 (district of, and exercise of jurisdiction by, district court), after subsection (1) there shall be inserted the following subsection—

(1A) In determining where and when a district court should sit, a local authority shall have regard to the desirability of minimising the expense and inconvenience occasioned to those directly involved, whether as parties or witnesses, in the proceedings before the court.

.

Justices of the peace

49

• (1) Any person holding office as justice of the peace for any commission area by virtue of the provisions of section 9(2) or 10(3) of the District Courts (Scotland) Act 1975 immediately before 1st April 1996 shall, on and after that date, hold office as justice of the peace for the commission area in which he resides on that date.

• (2) Any person holding office as justice of the peace for any commission area on and after 1st April 1996 by virtue of the provisions of subsection (1) above shall hold that office as if appointed in accordance with the said section 9(2).

• (3) Where the Secretary of State is satisfied in all the circumstances that it is expedient that any such person as is mentioned in subsection (1) above should hold that office for another commission area, he may so direct; and any such direction shall have effect, and shall be treated for the purposes of the said Act of 1975, as an instrument appointing that person in accordance with the said section 9(2) to hold office for such commission area as is mentioned in the direction.

Stipendiary magistrates

50

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

Registration of births, deaths and marriages

51

• (1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with the provisions of this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 8 (registration offices)—

• (a) in subsection (1), after the words “registration office” there shall be inserted the words “ which may comprise principal premises and such subordinate premises as they may, with the approval of the Registrar General, consider appropriate ”; and

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

(6) References in this Act to the registration office shall, unless the context otherwise requires, be construed as including all the premises provided and maintained by a local registration authority as parts of the registration office.

.

• (4) In section 15 (information concerning finding of infant children)—

• (a) in subsections (1) and (3), for the words “director of social work” there shall be substituted “ chief social work officer ”; and

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

• (5) In section 56(1) (interpretation), after the definition of “function” there shall be inserted the following definition—

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

.

Tweed Fisheries Commissioners

52

• (1) On 1st April 1996 each person holding office as representative commissioner appointed by any of the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale or Tweeddale under the Tweed Fisheries Act 1969 shall go out of office.

• (2) The function of appointing representatives formerly appointed by the councils mentioned in subsection (1) above shall be transferred to the new council for the Borders.

• (3) In Schedule 1 to the said Act of 1969, for the entries relating to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale there shall be substituted the entry relating to the Borders Council set out in Schedule 6 to this Act.

Records held by local authorities

53

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (4) Where a local authority hold records relating to the property or functions of any other local authority, that other authority shall, subject to any arrangements made under section 58 of this Act or section 56 of the 1973 Act by the two authorities—

• (a) be entitled to free access to, and copies of, any such records; and

• (b) pay to the local authority holding the records such proportion of the costs incurred by that authority in preserving and managing the records—

• (i) as the authorities may agree; or

• (ii) as may, failing such agreement, be determined by the Secretary of State.

• (5) The Keeper shall be entitled to free access to any records held by a local authority.

• (6) For the purposes of this section and section 54 of this Act “records” includes charters, deeds, minutes, accounts and other documents, and any other records, of whatever form and in whatever medium, which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland.

Use, acquisition and disposal of records

54

• (1) A local authority may do anything which appears to them to be appropriate for the purpose of enabling proper use to be made of their records and, without prejudice to the generality of the foregoing, may—

• (a) make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;

• (b) prepare, or procure or assist in the preparation of, indices and guides to and calendars and summaries of the records;

• (c) publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;

• (d) hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;

• (e) direct that the records be temporarily entrusted to other persons for exhibition or study.

• (2) Nothing in subsection (1) above shall be taken as authorising the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of an authority.

• (3) A local authority may—

• (a) acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest;

• (b) accept the gift of records which or, in the case of a collection, the majority of which appear to the authority to be of general or local interest.

• (4) A local authority may accept the deposit of records—

• (a) authorised to be deposited with it by any enactment; and

• (b) which appear to the authority to be of general or local interest.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disposal of assets and entering into contracts by existing authorities

55

• (1) On and after the relevant date, an existing authority shall not, without the consent of the relevant successor authority or, in a case to which subsection (9) below applies, the Secretary of State—

• (a) without prejudice to section 74 of the 1973 Act (disposal of land), dispose of any land for a consideration exceeding £250,000; or

• (b) enter into any of the contracts mentioned in subsection (2) below.

• (2) The contracts referred to in subsection (1)(b) above are—

• (a) contracts—

• (i) in terms of which the authority incurs a liability to meet capital expenses within the meaning of section 94 of the 1973 Act (capital expenses); and

• (ii) where the consideration exceeds £2,500,000; and

• (b) contracts, other than contracts such as are mentioned in sub-paragraph (a)(i) above—

• (i) the period of which purports to extend beyond 31st March 1996 or is capable of being so extended; and

• (ii) where the consideration exceeds £250,000.

• (3) The relevant date for the purposes of this section is such date as the Secretary of State may by order made by statutory instrument determine; and different such dates may be so determined in respect of any of the successor authorities mentioned in subsections (4) to (8) below or, in a case to which subsection (9) below applies, the Secretary of State.

• (4) Subject to subsections (5) to (8) below, the relevant successor authority in relation to any proposed disposal or contract by a regional or district council is—

• (a) in relation to any disposal of land, the new local authority within whose area the land will be situated; and

• (b) in relation to any other contracts, any new local authority whose area will include the whole or any part of the area of the existing local authority.

• (5) The relevant successor authority in relation to any proposed disposal of relevant property (within the meaning assigned by paragraph (b) of section 91(1) of this Act) or proposed contract in so far as it relates to functions mentioned in that paragraph is, in the case of—

• (a) Lothian, Borders, Fife or Central Region, the East of Scotland Water Authority;

• (b) Strathclyde or Dumfries and Galloway Region, the West of Scotland Water Authority; and

• (c) Tayside, Highland or Grampian Region or an Islands Area, the North of Scotland Water Authority.

• (6) The relevant successor authority in relation to any proposed disposal or contract by the Central Scotland Water Development Board is the East of Scotland Water Authority.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Where—

• (a) a disposal of land such as is mentioned in subsection (1)(a) above is of land held or acquired by the authority for the construction or improvement of any road; or

• (b) a contract such as is mentioned in subsection (2) above is for works for the construction or improvement of any road; and

• (c) where, in either case, the Secretary of State has given notice to the authority concerned of his intention to make an order under section 12A(1)(a), 12B(1)(a), 12C(1)(b), 12E(1) or 12E(3) of the Roads (Scotland) Act 1984 directing that a road or proposed road should become a trunk road or that he should be authorised to provide a special road,

the consent required shall, in either case, be that of the Secretary of State.

• (10) The requirement to seek consent imposed by this section shall not apply to—

• (a) any disposal of land in respect of which the consent of the Secretary of State is required under section 12(7) of the Housing (Scotland) Act 1987; and

• (b) any contract entered into by an existing authority in or in connection with the exercise of the power conferred on them by section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).

• (11) This section applies to any granting of an option to require an existing authority to make a disposal of land or enter into a contract which would require the consent of a successor authority or the Secretary of State as it applies to such a disposal or contract.

• (12) In this section “existing authority” means a regional or district council, the Central Scotland Water Development Board, ... . . . and, for the purposes of the matters mentioned in subsection (5) above, includes an islands council.

Duty of existing authorities and assessors to provide information to new authorities

56

• (1) Subject to the provisions of this section, existing local authorities and assessors shall provide new authorities with such information as the latter may reasonably require for the purpose of carrying out, whether before or after 1st April 1996, any of their functions.

• (2) A new authority may not require information to be provided from any existing authority or assessor whose area does not correspond, at least in part, with the area of the new authority.

• (3) An assessor shall not be required under subsection (1) above to provide any information to a new authority which he is not required to provide to an existing authority.

• (4) In this section—

• “assessor” means an assessor appointed under section 116 of the 1973 Act (appointment of assessors);

• “existing local authority” includes a joint committee and a joint board; and

• “new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.

Power and duty of existing local authorities to assist new authorities

57

• (1) An existing local authority may do anything which in their opinion is appropriate for the purpose of—

• (a) facilitating the transfer of their functions, staff and assets to a new authority; or

• (b) facilitating the carrying out by a new authority of their functions on and after 1st April 1996.

• (2) Without prejudice to the generality of subsection (1) above, existing local authorities having functions in relation to any part of the area of a new authority may establish, or the Secretary of State may require them to establish, a committee in the area of that new authority to consider any matter which it is expedient they should consider in order to ensure the effective operation of that authority on and after 1st April 1996.

• (3) Existing local authorities may establish, or the Secretary of State may direct them to establish, a committee in relation to the areas of any group of new authorities to consider any matter which it is expedient they should consider in order to ensure the effective operation of those authorities on and after 1st April 1996.

• (4) A committee established under subsection (2) or (3) above shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

• (5) The Secretary of State may direct an existing local authority to do anything which in his opinion is appropriate for the purpose of putting a new authority in a position to carry out their functions with effect from 1st April 1996.

• (6) A direction under subsection (5) above—

• (a) may be made subject to such conditions (for example, as to payment by the new authority) as may be specified in it; and

• (b) shall be complied with by the authority to which it is made.

• (7) Any expenses incurred by a committee established under subsection (2) or (3) above shall be defrayed by the authorities by whom the committee was established in such proportions respectively as may be agreed amongst or between them or, in default of agreement, as may be determined by the Secretary of State.

• (8) In this section—

• “existing local authority” includes a joint committee and a joint board; and

• “new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.

Further provision as to discharge of functions by authorities

58

• (1) Subject to the provisions of this section, a local authority (a “contracting authority”) may agree with any other local authority (a “supplying authority”) that the supplying authority shall carry out for the contracting authority any activity or service which the contracting authority are required to, or may legitimately, carry out.

• (2) An agreement under this section—

• (a) may provide for activities or services to be carried out by two or more authorities jointly; and

• (b) may include such terms as to payment as the authorities concerned consider appropriate.

• (3) Anything requiring to be done by a supplying authority under an agreement under this section shall be treated as one of their statutory functions.

• (4) The Secretary of State may by regulations make such provision as he thinks fit in relation to the exercise by local authorities of the power conferred by this section and, without prejudice to the generality of the foregoing, such regulations may include provision—

• (a) prohibiting or restricting to such extent as may be prescribed the use of the power in relation to such activities or services, or such class or classes of activities or services, as may be so prescribed;

• (b) specifying, either generally or in relation to such activities or services, or such classes of activities or services, as may be so prescribed, which authorities may enter into agreements under this section.

• (5) This section is without prejudice to any other power under or by virtue of which a local authority may arrange for the carrying out of any of their activities or services by another authority.

• (6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) For the purposes of this section “local authority” includes a residuary body and a joint board.

Local Acts and instruments

59

• (1) Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Part of this Act shall—

• (a) notwithstanding the changes of administrative areas and local authorities effected by or under this Part of this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1996 to, but only to, the area, things or persons to which or to whom it applies before that date;

• (b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

• (2) Subsection (1) above shall have effect subject to the provisions of—

• (a) subsection (6) below;

• (b) this Part of this Act;

• (c) any Act passed after this Act and before 1st April 1996; and

• (d) any order made under—

• (i) section 181 of this Act; or

• (ii) the following provisions of this section.

• (3) Any local statutory provision to which this section applies and which relates to functions exercisable by an existing local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1996 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

• (4) Subsection (3) above shall not come into force until 1st April 1996 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Part of this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

• (5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 181 of this Act, the Secretary of State may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

• (a) extend the provision throughout the new local government area in which it is continued in force;

• (b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

• (c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

• (d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

• (e) transfer to any local authority appearing to the Secretary of State to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 181 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

• (f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State to be expedient.

• (6) All local statutory provisions to which this subsection applies shall cease to have effect on 31st December 1999, but the Secretary of State may—

• (a) by order exempt any such provision from the foregoing provision of this subsection;

• (b) from time to time by order postpone the date on which any local statutory provision applying to the whole or part of any local government area is to cease to have effect under this subsection.

• (7) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) This section applies to any local statutory provision in force immediately before 1st April 1996 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following local statutory provisions—

• (a) a provision of a local Act, the Bill for which was promoted by a local authority;

• (b) a provision of an Act confirming a provisional order made on the application of a local authority;

• (c) a provision of an order made on such an application which was subject to special parliamentary procedure;

• (d) any byelaw; and

• (e) any management rule made under section 112 of the Civic Government (Scotland) Act 1982 (management rules),

not being a provision relating to a statutory undertaking.

• (9) In this section—

• “existing local authority” means a regional or district council;

• “local authority” means an existing local authority, a joint committee, an authority constituted under section 2 of this Act, a joint board and a residuary body; and, for the purposes of subsection (6) above, includes any local authority in existence prior to 16th May 1975;

• “local statutory provision” includes—a provision of a public general Act passed with respect only to the whole or part of an existing local government area;a provision of an instrument made under such a public general Act;an instrument in the nature of a local statutory provision made under any other public general Act;a provision of a local Act or a provision of an instrument made under any such Act;a provision of an Act confirming a provisional order;a provision of an order which was subject to special parliamentary procedure;any byelaw; andany management rule made under section 112 of the Civic Government (Scotland) Act 1982 (management rules),but does not include any enactment or instrument in so far as that enactment or instrument relates to functions mentioned in section 91(1)(b) of this Act nor any order under section 6 of the 1975 Act; and

• “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power or district heating.

Applications to sheriff in cases of difficulty

60

Sections 231 (applications to sheriff in cases of difficulty) and 232 (applications to court) of the 1973 Act shall apply in relation to a difficulty arising in the carrying out of this Part of this Act as they apply in relation to a difficulty arising in the carrying out of that Act.

Interpretation of Part I

61

In this Part of this Act, unless the context otherwise requires—

• “existing local authority” means a regional, islands or district council;

• “the First-tier Tribunal for Scotland” means the First-tier Tribunal for Scotland, established by section 1 of the Tribunals (Scotland) Act 2014;

• “records” shall be construed in accordance with section 53 of this Act;

• “the 1972 Act” means the Town and Country Planning (Scotland) Act 1972;

• “the 1992 Act” means the Local Government Finance Act 1992,

and expressions used in this Part of this Act and in the 1973 Act shall have the same meanings in this Part as in that Act.

Part II — Water and Sewerage Reorganisation

New water and sewerage authorities

New water and sewerage authorities

62

Alteration of water areas and sewerage areas

63

Maps of areas

64

General duties of Secretary of State and of new authorities

65

• (1) For section 1 of the 1980 Act (which imposes on the Secretary of State certain duties as respects water conservation and supply) there shall be substituted—

(1) It shall be the duty of the Secretary of State and of the water authorities when exercising their respective functions or powers under or by virtue of this Act— (a) to promote the conservation and effective use of the water resources of, and the provision of adequate water supplies throughout, Scotland; and (b) to secure the collection, preparation, publication and dissemination of information and statistics relating to such resources and supplies.

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Codes of practice for new water and sewerage authorities

66

Protection of customers’ interests etc.

Scottish Water and Sewerage Customers Council

67

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of Customers Council

68

Power of Customers Council to require information

69

Annual reports by, and information from, Customers Council

70

Funding of Customers Council

71

References to Monopolies and Mergers Commission

72

Environmental protection

Duty of new authorities as respects Natural Heritage Area or area of special interest

73

Charges

Charges for services provided

74

Maximum charges for services provided with help of new authority

75

Charges schemes

76

Publication of summary of charges scheme

77

Liability of occupiers etc. for charges

78

Collection of charges by local authority

79

Power to demand and recover charges not to affect duty to maintain domestic water supply etc

80

Reduced charges

81

Arrears of charges: restrictions on voting

82

Finances of new authorities

Duties and powers relating to finance

83

Financing and borrowing

84

Guarantees

85

Directions as to payment and investment

86

Accounts

87

Audit of accounts

88

Subsidiary powers of new authorities

Subsidiary powers of new authorities

89

Dissolution of Central Scotland Water Development Board

Dissolution of Central Scotland Water Development Board

90

Transfer of property, rights and liabilities to new authorities

Transfer of property, rights and liabilities to new authorities

91

Transfer schemes: general

92

Preparations for transfer of functions etc. to new authorities

93

Power to require provision of information and assistance as respects transfer schemes

94

Supplementary provision as to transfer schemes

95

Transfer schemes: exemption from stamp duty and stamp duty reserve tax

96

Transfer etc. of staff

Staff: application of Chapter 2 of Part I etc

97

Land transactions

Acquisition of land by agreement

98

Compulsory acquisition of land

99

Disposal of land

100

Amendment of Sewerage (Scotland) Act 1968

Authorisation of construction of certain private sewers etc

101

The following section shall be inserted after section 3 of the 1968 Act—

(3A) (1) Without prejudice to their powers under section 3 of this Act (including any power to authorise the construction, on their behalf, of a public sewer), a sewerage authority may authorise a person to construct, within their area but whether or not connecting with their sewers or sewage treatment works, a sewer— (a) in, under or over any road, or under any cellar or vault below any road; or (b) in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier, but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by them under subsection (1) of that section. (2) The sewerage authority— (a) in giving authorisation to a person under subsection (1) above; or (b) as respects any sewer (not being a sewer constructed by or on behalf of the authority) whose construction by a person does not require such authorisation, may, in a case where the proposed sewer will connect with their sewers or sewage treatment works, determine (and by written notice advise the person) that all, or a part which they shall specify in the notice, of the sewer constructed shall not vest in them through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination the sewerage authority may, on such terms and conditions as they think fit, then or at some later time enter into an agreement under which the sewer, or as the case may be the part, shall vest in them.

.

Emptying of septic tanks

102

For section 10 of the 1968 Act (whereby local authorities are under a duty to empty septic tanks only where they have passed a resolution electing to do so) there shall be substituted—

(10) (1) It shall be the duty of a sewerage authority to empty a septic tank serving premises in their area on their being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank— (a) to its being reasonably practicable to empty the tank; and (b) to all proper charges for their doing so being timeously paid. (2) The duty does not extend to septic tanks which receive trade effluent; but the authority may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as they think fit. (3) If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final. (4) For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of Part II of the Local Government etc. (Scotland) Act 1994).

.

Register as respects trade effluents

103

The following sections shall be inserted after section 37 of the 1968 Act—