Legalize / United Kingdom / Public General Act

Local Government etc. (Scotland) Act 1994

Type Public General Act

Publication 1994-11-03

Last updated 2023-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) Where regulations under this section apply in relation to any lands and heritages or class of lands and heritages, the non-domestic rate for the financial year to which the regulations relate shall be levied in respect of such lands and heritages, or class of lands and heritages, in accordance with the regulations.

(4A) The Scottish Ministers may, during the financial year 2020-21, make regulations under subsection (1) prescribing rules, in accordance with which the amount payable as non-domestic rate may be reduced or remitted, which are to apply—

(a) for the whole of that year, including the period prior to the regulations being made, or

(b) for such period falling within that year as is specified in the regulations, including a period beginning prior to the regulations being made.

(5) The power to make regulations under this section shall be exercisable by statutory instrument.

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

(7) In subsection (3)(c), “net-zero emissions target” has the meaning given by section A1(1) of the Climate Change (Scotland) Act 2009.

Rating of unoccupied lands and heritages

154

For section 24 of the Local Government (Scotland) Act 1966 (liability to be rated in respect of certain unoccupied property) substitute—

(24) (1) Subject to subsection (2) below, no rates shall be payable in respect of lands and heritages which are unoccupied. (2) The Secretary of State may by regulations prescribe a class or classes of lands and heritages such as are mentioned in subsection (1) above for which the rates payable shall be the rates mentioned in subsection (3) below. (3) A person entitled to possession of lands and heritages which fall within a class prescribed by regulations under this section shall be liable to pay a rate equal to one half of the amount of the non-domestic rate which would have been payable if such lands and heritages had been occupied; and the enactments relating to rating shall apply with any necessary modifications as if the lands and heritages were occupied by that person. (4) Where any lands and heritages fall within a class prescribed by regulations under subsection (2) above, such lands and heritages shall be treated for the purposes of section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 as if they are being used for the purpose for which they were used when they were last occupied. (5) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Rating of lands and heritages partly unoccupied for a short time

155

After section 24 of the Local Government (Scotland) Act 1966 insert—

(24A) (1) If it appears to the rating authority that part of any lands and heritages included in the valuation roll is unoccupied but will remain so for a short time only, the authority may request the assessor to apportion the rateable value between the occupied and unoccupied parts and on being thus requested the assessor shall apportion the rateable value accordingly. (2) As from whichever is the later of the following— (a) the date on which lands and heritages the rateable value of which has been apportioned under subsection (1) above became partly occupied; (b) the commencement of the financial year in which the request under that subsection relating to those lands and heritages was made, until whichever of the events specified in subsection (3) below first occurs, the value apportioned to the occupied part of the lands and heritages shall, subject to subsection (4) below, be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll. (3) The events mentioned in subsection (2) above are— (a) the reoccupation of any of the unoccupied part; (b) the end of the financial year in which the request was made; (c) a further apportionment of the value of the lands and heritages taking effect under subsection (1) above; (d) the lands and heritages to which the apportionment relates becoming completely unoccupied. (4) Where any lands and heritages fall within such class or classes of lands and heritages as may be prescribed by the Secretary of State by regulations, the value to be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll shall be the sum of— (a) the value apportioned to the occupied part of the lands and heritages; and (b) one half of the value apportioned to the unoccupied part of the lands and heritages. (5) Notwithstanding paragraph (b) of subsection (3) above, if it appears to the rating authority that the part of the lands and heritages which was unoccupied at the date of an apportionment of the rateable value thereof under subsection (1) above has continued after the end of the financial year referred to in that paragraph to be unoccupied but will remain so for a short time only, the authority may direct that the apportionment shall continue to have effect for the next financial year; and subsections (2), (3)(a), (c) and (d) and (4) above shall have effect in relation to that year accordingly. (6) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “financial year” has the meaning assigned to it by section 96(5) of the Local Government (Scotland) Act 1973. (24B) (1) For the purposes of section 24 of this Act, lands and heritages shall be treated as unoccupied if, apart from this section, they would fall to be treated as occupied by reason only of there being kept on the lands and heritages plant, machinery or equipment— (a) which was last used on the lands and heritages when they were last in use; or (b) which is intended for use on the lands and heritages. (2) Subsection (1) above applies to the unoccupied part of lands and heritages for the purposes of section 24A of this Act as it applies to unoccupied lands and heritages for the purposes of the said section 24.

Remission of rates on account of hardship

156

After section 25 of the Local Government (Scotland) Act 1966 insert—

(25A) Every rating authority may, on the application of any person liable to pay any rate levied by the authority, remit payment (in whole or in part) of the rate if the authority are satisfied that— (a) the person would sustain hardship if the authority did not do so; and (b) it is reasonable for the authority to do so, having regard to the interests of persons liable to pay council tax set by them.

Certain orders relating to valuation not to be treated as hybrid

157

Grants in respect of certain rate rebates

158

In section 69 of the Local Government, Planning and Land Act 1980 (grants in respect of rebates under the Rating (Disabled Persons) Act 1978)—

(a) after subsection (1) insert—

(1A) Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995. (1B) A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.

; and

(b) after subsection (2) insert—

(2A) Subsections (1A) and (1B) above extend to Scotland only.

Rating of enterprise zone

159

(1) Schedule 32 to the Local Government, Planning and Land Act 1980 shall be amended in accordance with this section.

(2) In paragraph 33(2) (meaning of exempt lands and heritages for purpose of paragraph 33)—

(a) paragraph (a) shall cease to have effect; and

(b) for paragraph (b) substitute—

(b) the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages),

(3) In paragraph 34 (grants to compensate rating authorities for loss of revenue)—

(a) in sub-paragraph (1)—

(i) at the beginning insert the words “ For the financial year 1995-96, ”; and

(ii) after “revenue” insert the words “ in respect of the non-domestic sewerage rate ”.

Further provision as to valuation by formula

160

In section 6 of the 1975 Act (valuation by formula of certain lands and heritages), after subsection (5) there shall be inserted the following subsection—

(5A) An order under this section may provide that the assessor for any specified valuation area shall carry out such functions in relation to the operation of a formula as may be specified in the order, notwithstanding that such functions may include the valuation of lands and heritages in another valuation area.

Power of Secretary of State to combine and divide lands and heritages

161

After section 6 of the Valuation and Rating (Scotland) Act 1956 there shall be inserted the following section—

(6A) (1) The Secretary of State may by order provide that, for all purposes of the Valuation Acts— (a) lands and heritages specified in the order which would, apart from the order, be treated as justifying separate entries in the valuation roll shall be treated as justifying only one such entry; and (b) lands and heritages so specified which would, apart from the order, be treated as justifying only one entry in the valuation roll shall be treated as justifying separate entries, and an order under paragraph (b) above shall specify which parts of the lands and heritages concerned are to be treated as justifying separate entries. (2) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Abolition of Scottish Valuation Advisory Council

162

(1) The Scottish Valuation Advisory Council constituted under section 3 of the Valuation and Rating (Scotland) Act 1956 (“the 1956 Act”) shall cease to exist immediately before 1st April 1996.

(2) In the 1956 Act—

(a) section 3; and

(b) in section 43(1) (interpretation), the definition of “Advisory Council”,

shall cease to have effect.

Amendment of Transport Act 1968

Guarantees by Strathclyde Passenger Transport Authority

163

After section 13 of the Transport Act 1968 there shall be inserted the following section—

(13A) The Authority may guarantee any obligation entered into by the Executive with the approval of the Authority.

Finance

Calculation of limits on spending

164

(1) Section 83 of the 1973 Act (power of local authorities to incur expenditure not otherwise authorised) shall be amended in accordance with this section.

(2) In subsection (1)—

(a) after the words “in the interests of” there shall be inserted the words “ and will bring direct benefit to ”;

(b) after the words “incur any expenditure” there shall be inserted “ (a) ”; and

nor (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.

(3) Subsection (3A) shall cease to have effect.

(4) For subsection (4) substitute—

(4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying— (a) £3.80, or such other sum as may from time to time be specified in an order made by the Secretary of State; by (b) the relevant population of the authority’s area. (4AA) For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State.

(5) For subsections (5) and (6) substitute—

(5) A statutory instrument containing an order or regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Powers of authorities to borrow and lend money

165

(1) The Secretary of State may by regulations made with the consent of the Treasury make provision with respect to the powers of authorities—

(a) to borrow and lend money; and

(b) to establish and operate loans funds.

(2) Regulations under this section may make different provision in respect of different authorities and may include such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.

(3) Without prejudice to the generality of the powers conferred by subsections (1) and (2) above, regulations under this section may—

(a) specify the purposes for which an authority may borrow money;

(b) place limits on amounts which an authority may borrow;

(d) make provision for—

(i) the means by which money borrowed by an authority may be secured; and

(ii) the protection of persons borrowing from an authority;

(e) specify from whom an authority may borrow or to whom they may lend;

(f) specify the terms on which an authority may lend;

(g) make provision as to what assets and liabilities may be paid or transferred into or out of a loans fund and on what terms;

(h) provide for investigations to be carried out at the instance of the Secretary of State into the administration of a loans fund;

(i) place requirements on an authority to obtain such consent as may be prescribed before taking prescribed actions; and

(j) where an authority have failed to comply with the regulations, provide for the Secretary of State to apply to the Court of Session for an order ordaining compliance, and for the court to grant such an application if they think fit.

(4) Where it appears to the Secretary of State to be necessary or expedient, in the light of any regulations made under this section, to amend any reference in any enactment, whether passed before or after the coming into force of this section—

(a) to a loans fund; or

(b) to any provision in Schedule 3 to the 1975 Act,

he may by regulations make such amendment.

(5) Regulations under this section shall be made by statutory instrument, but shall not be made unless a draft of any such statutory instrument has been laid before and approved by resolution of each House of Parliament.

(6) For the purposes of this section “authority” means a local authority, a joint board . . ., the Strathclyde Passenger Transport Authority or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005.

Grants in relation to ethnic minorities

166

For section 11 of the Local Government (Scotland) Act 1966 substitute—

(11) (1) Subject to the provisions of this section, the Secretary of State may pay to local authorities which in his opinion are required to make special provision in the exercise of any of their functions in consequence of the presence within their area of persons belonging to ethnic minorities whose language or customs differ from those of the rest of the community, grants of such amounts as he may, with the consent of the Treasury, determine on account of expenditure in respect of the employment of staff. (2) No grant shall be paid under this section in respect of expenditure incurred before 1st April 1993.

Special grants

167

After section 108 of the Local Government Finance Act 1992 insert—

(108A) (1) The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a “special grant”) in accordance with this section to a local authority. (2) Where the Secretary of State proposes to make a special grant to one authority he shall, before making the grant, make a determination stating— (a) the authority to which the grant is to be paid; (b) the purpose for which the grant is to be paid; and (c) the amount of the grant which is to be paid or the manner in which that amount is to be calculated. (3) Where the Secretary of State proposes to make special grants to more than one authority he shall, before making the grants, make a determination stating— (a) to which authorities they are to be paid; (b) the purpose for which they are to be paid; and (c) either— (i) the amount which he proposes to pay to each authority or the manner in which the amount is to be calculated; or (ii) the total amount which he proposes to distribute among the authorities and the basis upon which he proposes to distribute that amount. (4) A determination under subsection (2) or (3) above shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation of the main features of the determination as the Secretary of State considers to be desirable. (5) A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable thereafter, the Secretary of State shall send a copy of it to any authority to which he proposes to make a special grant in accordance with the determination. (6) No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons. (7) A special grant report may specify conditions which the Secretary of State may with the consent of the Treasury impose on the payment of, or of any instalment of, any special grant to which the report relates; and the conditions may— (a) require the provision of returns or other information before a payment is made to the authority concerned; or (b) relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid. (8) Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine.

Direct Labour Organisation/ Direct Services Organisation Accounts

168

(1) After section 15 of the 1975 Act there shall be inserted the following section—

(15A) (1) A local authority may establish, in accordance with the provisions of this section, Direct Labour Organisation/Direct Services Organisation Funds (to be known as “DLO/DSO funds”) for the purpose of dealing with surpluses and deficits which may occur in respect of— (a) any revenue account kept by the authority under section 10(1) (accounts relating to construction or maintenance work) of the Local Government, Planning and Land Act 1980; or (b) any account kept by the authority under section 9(2) (accounts) of the Local Government Act 1988. (2) Any interest earned on money transferred to a reserve fund established under subsection (1) above may be credited to that fund. (3) Any surplus credited to a fund established under subsection (1) above and which is, in the opinion of the authority, not required for the purpose of dealing with deficits in any such fund, may be transferred by them to the general fund maintained by them under section 93 of the Act of 1973 (general fund). (4) This section is without prejudice to any specific limitation imposed by or under any enactment as to the manner in which money may be paid into or out of any specific account.

(2) Paragraphs 22(1)(c) and 24A of Schedule 3 to the 1975 Act shall cease to have effect.

Statements of support services costs

169

(1) The Secretary of State may by regulations require any authority defined for the purposes of section 1(1) of the Local Government Act 1988 (“the 1988 Act”) to publish a statement, to be known as a statement of support services costs (hereinafter referred to as a “statement”), of the cost to the authority of each of the activities to which this section applies.

(2) This section applies to—

(a) any activity which is a defined activity within the meaning of section 2(2) of the 1988 Act;

(b) any other prescribed activity.

(3) A statement shall—

(a) show the cost to the authority of the activity to which it applies, whether or not that activity, or any part of it, is carried out by employees of the authority; and

(b) show how that cost is allocated amongst the public services provided by the authority.

(4) A statement shall—

(a) be in such form;

(b) be published on or by reference to such date;

(d) be made available for inspection by the public in such manner; and

(e) be supplied to the public on such terms as to payment,

as may be prescribed, and different provision may be made in relation to the matters mentioned above in relation to different authorities.

(5) Such of the information contained in the statement as may be prescribed shall be included within the annual abstract of accounts (or any equivalent to such an abstract) produced by an authority.

(6) For the purposes of this section the cost of any activity shall be calculated in such manner and by reference to such factors as may be prescribed.

(7) In this section—

“activity”, where it is an activity such as is mentioned in—subsection (2)(a) above, has the meaning given to it by or under the 1988 Act; andsubsection (2)(b) above, has such meaning as may be prescribed;

“prescribed” means prescribed in regulations under this section; and

“public services” means such services provided by the authority as may be prescribed.

(8) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Resources

Effective use of resources

170

After section 122 of the 1973 Act there shall be inserted the following section—

(122A) It shall be duty of each local authority to make proper arrangements for securing economy, efficiency and effectiveness in their use of resources.

Economic development

Functions to include promotion of economic development

171

After section 171 of the 1973 Act there shall be inserted—

(171A) (1) Subject to section 171B of this Act, the functions of a local authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area. (2) Subject to the said section 171B, and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for— (a) the setting up or expansion of any commercial, industrial or public undertaking— (i) which is to be or is situated in the authority’s area; or (ii) the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area; and (b) the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking, opportunities for employment with which have been or appear likely to be made available to persons living in that area. (3) For the purposes of this section, the cases in which a local authority shall be treated as providing financial assistance to any person shall include the cases where they do or agree to do any of the following, that is to say— (a) make a grant to that person; (b) make a loan to that person or provide him with any further form of credit; (c) guarantee the performance of any of that person’s obligations; (d) indemnify that person in respect of any liability, loss or damage; (e) invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise; (f) provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which is less than the best that could reasonably be obtained; (g) join with any other person in doing anything falling within paragraphs (a) to (f) above. (4) The power conferred on a local authority under subsection (1) above includes power for such authority to engage in activities outside their area for the purpose of promoting the economic development of their area. (5) Where, in any financial year, a local authority propose to engage in activities such as are mentioned in subsection (4) above outside the United Kingdom, they shall, before the beginning of that financial year— (a) prepare a document setting out their proposals for engagement in such activities; and (b) submit that document to the Secretary of State for approval. (6) Where the Secretary of State approves the proposals set out in any document submitted under subsection (5) above, he may make his approval subject to such conditions as he considers necessary or expedient. (7) At any time during the financial year to which a document such as is mentioned in subsection (5) above relates— (a) a local authority may submit to the Secretary of State amendments of the proposals contained in that document; and (b) subsection (6) above shall apply in relation to those amendments as it applies in relation to proposals submitted in pursuance of subsection (5) above. (8) The exercise by a local authority of any of their powers under this section shall be subject to the provisions of section 90 of this Act. (171B) (1) The powers of a local authority by virtue of section 171A above, and their powers by virtue of any of the other provisions of this or any other enactment, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State. (2) Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions (including conditions requiring consultation by the local authority of such persons as may be prescribed), and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a local authority by virtue of the said section 171A or any other enactment. (3) The Secretary of State may by order impose such a financial limit as may be specified in or determined under the order on expenditure which— (a) is, or is of a description, so specified or determined; and (b) is, by virtue of section 171A above or a provision of this or any other enactment, incurred in any financial year for the purpose of promoting the economic development of their area by a local authority so specified or determined. (4) A statutory instrument containing regulations under subsection (1) or (2) above or an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Regulations under subsection (1) or (2) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate. (171C) The exercise by a local authority of any power which they have— (a) under section 7 of the Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings); (b) under section 102 (power to acquire compulsorily certain land) or 109 (power to acquire certain land by agreement) of the Town and Country Planning (Scotland) Act 1972; or (c) under section 70, 74 or 78 of this Act, is subject to the provisions of sections 171A and 171B of this Act.

Tourism

Duty of Secretary of State to establish area tourist boards

172

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

Power of Secretary of State to amend and revoke schemes

173

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

Power of local authority to submit amending schemes to Secretary of State

174

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

Provision of assistance to boards by old authorities

175

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

176

For section 90 of the 1973 Act there shall be substituted the following section—

(90) (1) A local authority may— (a) provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes; (b) promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise); (c) organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions; (d) participate in the area tourist board whose area includes the area of that authority. (2) Subject to subsection (3) below, a local authority shall not have power to— (a) encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)— (i) to visit their area for purposes relating to leisure; or (ii) to hold conferences, trade fairs or exhibitions within their area; (b) provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area; (c) carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify. (3) A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above— (a) in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or (b) where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing. (4) A local authority shall not, for the purposes of carrying on activities relating to tourism other than— (a) those such as are mentioned in paragraphs (a) to (d) of subsection (1) above; or (b) by virtue of subsection (3) above, those such as are mentioned in subsection (2) above, form, acquire or join with any person or body corporate. (5) Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person— (a) doing anything mentioned in paragraph (a) of that subsection; or (b) organising and holding a conference, trade fair or exhibition. (6) A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following modifications— (a) references to “another local authority” shall be construed as if they were references to an area tourist board; and (b) in subsection (2), the words from “but” to the end shall be omitted. (7) A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) In this section— (a) “area tourist board” means a board established by virtue of an order made or, as the case may be, approved under section 172, 173 or 174 of the Local Government etc. (Scotland) Act 1994; (b) “participate” means participation in any one or more of the following ways— (i) a local authority or any person representative of a local authority being a member of the area tourist board whose area includes the area of that authority; (ii) provision by a local authority to such a board of financial assistance for the purposes of the board’s carrying out activities relating to tourism; (iii) provision by a local authority to such a board of staff; and (c) section 171A(3) of this Act shall apply to this section with the substitution for any references to a person of references to an area tourist board.

Part V — General and Supplementary

General

Parliamentary disqualification

177

(1) Schedule 1 to the House of Commons Disqualification Act 1975 shall be amended as mentioned in subsections (2) and (3) below.

(2) In Part II (bodies of which all members are disqualified for membership of the House of Commons), there shall be inserted at the appropriate places the following entries—

The East of Scotland Water Authority. ;

The North of Scotland Water Authority. ;

The Scottish Children’s Reporter Administration. ;

. . . ; and

The West of Scotland Water Authority.

(3) In Part III (other disqualifying offices) there shall be inserted at the appropriate places the following entries—

Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994. ;

Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration. ; and

Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.

Financial provisions

178

(1) There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State incurred in consequence of the provisions (other than section 84(5)) of this Act; and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) There shall be paid out of the National Loans Fund any sums issued to the Secretary of State under section 84(5) of this Act.

(3) There shall be paid into—

(a) the National Loans Fund any sums paid to the Secretary of State under section 84(5) of this Act; and

(b) the Consolidated Fund any sums paid to the Secretary of State in consequence of any other provision of this Act.

Savings

179

(1) The repeal by this Act of—

(a) sections 65, 66 and 67;

(b) the words from “; and section 65” to the end in section 76H(8); and

of the 1980 Act, shall not affect the operation of the said sections 65, 66 and 67 as respects—

(i) any charging order made before 1st April 1996 under subsection (1) or (3) of section 65 (including any charging order so made by virtue of the said section 76H(8));

(ii) any order made before that date under subsection (2) of section 66; or

(iii) any right conferred by those sections to recover expenditure provided that the expenditure was incurred before that date.

(2) The repeal by this Act of the said section 65 shall not affect that section’s application, under subsection (4) of section 75 of the Agricultural Holdings (Scotland) Act 1991, to such charging orders as are mentioned in subsection (2) or (3) of the said section 75.

(3) The repeal by this Act—

(a) of section 47 of the 1968 Act shall not affect the operation of that section as respects—

(i) any charging order made before 1st April 1996 under subsection (1) of that section; or

(ii) any right conferred by that section to recover expenditure provided that the expenditure was incurred before that date;

(b) of the said sections 65, 66 and 67 shall not affect those sections’ application, under subsection (2) or (3) of the said section 47, to such charging orders as are mentioned in sub-paragraph (i) of paragraph (a) above or, as the case may be, for the purpose of the right of recovery mentioned in sub-paragraph (ii) of that paragraph.

(4) Without prejudice to subsection (4) of section 72 of the 1980 Act (certain byelaws to cease to have effect at expiration of a specific period unless extended), or to that subsection as it applies by virtue of section 63(10) of the Countryside (Scotland) Act 1967 (byelaws as respects recreational use of waterway or land), a byelaw made by the Board or by any other transferor as water authority, or having effect, immediately before the transfer date, as if so made by virtue of section 73(3) of the 1980 Act (power of Secretary of State to require making of byelaws), shall on and after that date have effect, though only within the area in which it had effect immediately before that date, as if made by the transferee as water authority, with any reference in the byelaws to the transferor being construed, in so far as the context admits, as a reference to the transferee.

(5) In subsection (4) above, “transferor” and “transferee” mean the transferor and transferee in a transfer scheme; and for the purposes of that subsection the transferee where the transferor is the Board shall be taken to be the East of Scotland Water Authority only.

(6) Section 125 of this Act applies for the interpretation of subsections (1) to (5) above as that section applies for the interpretation of Part II of this Act.

Supplementary

Minor and consequential amendments and repeals

180

(1) Schedule 13 to this Act, which contains minor amendments and amendments consequential upon the provisions of this act, shall have effect.

(2) The enactments mentioned in Schedule 14 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

Consequential and supplementary provisions

181

(1) The Secretary of State may at any time, whether before or after 1st April 1996 by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient—

(a) for the gereral or any paricular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b) in consequence of such of the provisions of this Act or of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act,

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may—

(a) make provision in the case ofany body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in such an order shall be inconsistsent with any provision of this Act;

(b) in relation to the period prior to 1st April 1996, and subject to such modifications as the Secretary of State thinks necessary or expedient, apply to the new authorities any enactment relating to a local authority in Scotland;

(c) apply, with or without modifications or amend, repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996; or

(d) make savings, or additional savings, from the effect of any repeal made by this Act.

(3) Subject to subsection (6) below, anything done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions shall, as from 1st April 1996, be treated as having been done by , to or in relation to the new authority by whom those functions become exercisable on and after that date by virtue of this Act; and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new authority by whom those functions become exercisable.

(4) Without prejustice to the generality of subsection (3) above, the things to which it refers include—

(a) any agreement, instrument, decision, designation, determination, declaration or order made or treated as having been made by an existing local authority;

(b) any notice or direction given or treated as given by or to such an authority;

(c) any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or relaxation granted or treated as granted by or to such an authority;

(d) any application, request,proposal or objection made or treated as made by or to such an autority;

(e) any fee paid to or by such an authority;

(f) any condition or requirement imposed or treated as imposed by or on such an authority;

(g) any proceedings instituted by or against any such authority; or

(h) any appeal allowed by or in favour of or against such an authority.

(5) If there is any doubt as to the indentity of the new authority to whom any particular functions are so transferred, that authority shall be taken to be such as may be specified in a direction given by the Secretary of State.

(6) Subsection (3) above is without prejudice to any express provision made by, or by any intrument or transfer scheme made under, this Act but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State.

(7) Section 25 of the 1973 Act (transitional agreements as to property and finance) shall apply for the purposes of Parts I and V of this Act as if any reference to an order under Part II of that Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under Part of this Act, but any agreement made by virtue of this subsection may only be made by new authorities and after 31st March 1996.

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

(9) In this section—

“existing local authority” includes a joint committee and a joint board and a reporter appointed under section 36(1) of the Social Work (Scotland) Act 1968;

“joint committee”and “joint board” have the meanings given by sectio 235(1) of the 1973 Act; and

“new authority”means—

(a) any of the authorities constituted under section 2 of this Act;

(b) a joint committee and a joint board;

(d) the Strathclyde Passenger Transport Authority;

(e) a new water and sewerage authority within the meaning of Part II of this Act;

(f) the Principal Reporter; and

(g) the Scottish Children’s Reporter Administrations

Further transitional provisions

182

(1) Until 1st April 1996—

(a) section 70 of the 1973 Act (acuisition of land by agreement) shall have effect as if, in subsection (1), after paragraph (b) there were inserted “:, or

(c) there being provided by some person other than themselves a systsem, to which the public shall have acess, of drains, sewers or sewage treatment works,”,;

(b) section 71 of the 1973 Act (acquisition of land compulsorily) shall have effect as if, in subsection (1), after “enactment” there were inserted “or of there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works”; and

(c) section 15 of the Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added “or for the purpose of there being provided by some person other than themselves a supply of water to the public”.

(2) If the Secretary of State provides, by order under section 184(2) of this Act, that any provision of Part II of (or of Schedule 13 to) this Act which—

(a) amends section 1, 16, 21(1), 22, 23, or 48 of the Sewerage (Scotland) Act 1968 or section 32 of the Control of Pollution Act 1974; or

(b) adds to the said Act of 1968 a new section 3A or 16A or to section 20 of that Act a new subsection (5),

shall come into force before 1st April 1996, he may provide in the order that the section amended, or as the case may be the section or subsection added, shall until that date apply as if modified in such manner as he shall specify in the order; the modifications being such as appear to him to be requisite having regard of the fact that some other provision of that Part (or that Schedule) is not for the time being in effect.

Interpretation and amendment of statutory references

183

(1) In this Act, unless the context other wise requires—

“residuary body” shall be construed in accordance with section 18 of this Act;

“the Valuation Acts” means the Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation;

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

“the 1975 Act” means the Local Government (Scotland) Act1975.

(2) Subject to section 59 of this Act and to any particular amendment of any enactment made by or under this Act—

(a) any reference in any enactment to a local authority within the meaning of the 1973 Act (whether expressed as a reference to such an authority, or to a regional, islands or district council, or otherwise); or

(b) any reference in any enacatment to a local auathority within the meaning of the Local Government (Scotland ) Act 1947 (“the 1947 Act”) which, by virtue of paragraph 1(2) of Schedule 27 to the 1973 Act, falls to be construed as a reference to a local authority within the meaning of the 1973 Act,

shall be construed as a reference to a council constituted under section 2 of this Act.

(3) For the purpose of translating any reference, however expressed, in any enactment to a local authority within the meaning of either the 1973 Act or the 1947 Act to a reference to a council constituted under section 2 of this Act, the Secretary of State may by order made by statutory instrument make such amendments to any such enactment as he considers necessary or expedient

(4) Subject to any particular amendment of any enactment made by this Act, any reference in any enactment to—

(a) the director of education shall in relation to any purpose be construed as a reference to the officer appointed by a local authority for that purpose;

(b) the director of secial work shall be construed as a reference to the chief social work officer.

(5) Any reference in any enactment, other than the Social Work (Scotland) Act 1968 or the Criminal Procedure (Scotland ) Act 1975 (in respect of which Acts particular provision is made in Schedule 13 to this Act), to a reporter appointed under section 36(1) of the former Act shall be construed as a reference to the Principal Reporter

(6) In this section “enactment” means any enactment or instrument made under an enactment, whether passed or made before or after the coming into force of this section; but does not include this Act or any instrument made under this Act.

Short title, commencement and extent

184

(1) This Act may be cited as the Local Government etc. (Scotland) Act 1994

(2) This Act, except section 163, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(3) An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

(4) This Act shall extend to Scotland only.

SCHEDULE 1

Part I

New areas

Part II

Provisions as to boundaries

1

The boundaries of the new local government areas shall be mered by Ordnance Survey.

2

In this Schedule—

“electoral division” means an electoral division for regional council elections as at 5th May 1994;

“polling district” means a polling district for regional council elections as at 1st December 1993; and

“ward” means a ward for district council elections as at 7th May 1992.

SCHEDULE 2

First elections of councillors

1

(1) For the purpose of any election of councillors held before the relevant year of election, every local government area shall be divided into such electoral wards as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultation as he considers appropriate.

(2) In this paragraph “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area occurring after the making of an order constituting the new electoral wards of that local government area in consequence of a review under Schedule 5 to the 1973 Act.

(3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State may consider to be appropriate.

2

(1) Notwithstanding the provisions of section 41(1) (returning officer to be an officer of the council) of the Representation of the People Act 1983 (“the 1983 Act”), at the elections of councillors to be held on 6th April 1995, the returning officer shall be an officer appointed by such regional or district council as the Secretary of State may direct.

(2) Section 42(5) (expenses of election) of the 1983 Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, failing such agreement, by such of them, and in such proportions, as may be determined by the Secretary of State.

(3) In this paragraph “existing authorities” means the authorities all or part of whose area is included in the area of the new authority whose council is being elected.

Qualification for membership

3

For the purposes of section 29 of the 1973 Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councils

4

(1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election.

(2) The first meeting shall be convened by a person designated for that purpose by the Secretary of State, and shall be held at such place as that person may appoint.

(3) The notice of the meeting required by paragraph 2(1) of Schedule 7 to the 1973 Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5

(1) Until the completion of the election of a convener at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the convener of the council, but the person so acting as convener shall not be entitled to vote unless he is a councillor for the new area.

(2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority, designated by the Secretary of State, shall apply at the first meeting of a new council.

Suspension of elections

6

No election of councillors of an existing local authority shall be held on or after 16th November 1994, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 37(1) of the 1973 Act before 16th November 1994; and on and after that date any such casual vacancy shall be filled by the authority themselves electing a person to fill that vacancy.

Election of convener and depute convener after 1st April 1996

7

(1) The term of office of the convener and any depute convener elected to a council following the ordinary election on 6th April 1995 shall terminate on the day of the first meeting of the council held on or after 1st April 1996.

(2) At that meeting the election of a convener shall be the first business.

(3) The retiring convener shall be eligible for re-election, but shall in any event preside until a convener has been elected.

SCHEDULE 3

Incorporation

1

A residuary body shall—

(a) be a body corporate; and

(b) have a common seal.

Status

2

A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

Membership

3

(1) Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment.

(2) A residuary body shall consist of not less than three and not more than seven members appointed by the Secretary of State; and the Secretary of State shall appoint one of those members to be chairman and may appoint another to be deputy chairman of that body.

(3) The Secretary of State may by order alter either of the numbers specified in sub-paragraph (2) above.

(4) Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

(5) The Secretary of State may remove a member from office if satisfied that the member—

(a) has had his estate sequestrated, has made any arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed or a composition contract for his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or

(d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

(6) If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

(7) An order under this paragraph shall be made by statutory instrument subject to annulment by resolution of either House of Parliament.

4

The Secretary of State shall satisfy himself—

(a) before he appoints a person under paragraph 3(2) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the residuary body in question;

(b) from time to time, that each person so appointed continues, and has continued, to have no such interest.

5

A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement.

Remuneration etc. of members

6

(1) A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may with the consent of the Treasury determine.

(2) As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may with the consent of the Treasury determine.

(3) Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may with the consent of the Treasury determine.

(4) Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and such scheme shall have effect subject to any provision made under this sub-paragraph.

Staff

7

A residuary body may appoint, on such terms and conditions as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine such employees as they think fit.

8

(1) A residuary body shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine—

(a) pay such pensions, allowances or gratuities to or in respect of those employees;

(b) make such payments towards provision of such pensions, allowances or gratuities; or

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions allowances or gratuities,

as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(2) The reference in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of a residuary body includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

Proceedings

9

(1) A member of a residuary body who is directly or indirectly interested in—

(a) a contract made or proposed to be made by them; or

(b) any other matter whatsoever which falls to be considered by them,

shall as soon as is practicable disclose the nature of his interest at a meeting of the body; and the disclosure shall be recorded in the minutes of the meeting.

(2) In the case mentioned in—

(a) head (a) of sub-paragraph (1) above, the member shall not take part in any deliberation or decision of the body with respect to the contract;

(b) head (b) of that sub-paragraph, the member shall not take part in any deliberation or decision of the body with respect to the matter if the body decide that the interest in question might affect prejudicially his consideration of the matter.

(3) For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the residuary body be a sufficient disclosure of the person’s interest to the body.

(4) For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting.

10

(1) A residuary body shall regulate its own proceedings.

(2) The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members, or by any failure to comply with any requirement of paragraph 9 above.

11

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

Delegation

12

(1) Anything authorised or required by or under any enactment to be done by a residuary body may be done by any committee formed by them which, or by any of its members or officers who, is authorised (generally or specifically) for the purpose by the body.

(2) Nothing in sub-paragraph (1) above shall prevent a residuary body from doing anything that a committee, member or officer has been authorised to do.

Acquisition and disposal of land

13

(1) A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions.

(2) A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions.

Borrowing and lending

14

A residuary body may, subject to any directions by the Secretary of State, borrow and lend money for the purpose of carrying out any of their functions.

Provision of services

15

(1) A residuary body may by agreement with any relevant new authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services.

(2) In this paragraph “relevant new authority”, in relation to a residuary body, means a new authority exercising functions in the area for which that body is established.

Provision of information by councils

16

A local authority shall, on request, supply a residuary body with such information as the body may reasonably require from that authority for the purpose of carrying out their functions.

Reports and information

17

(1) A residuary body shall publish an annual report on the discharge of its functions.

(2) A residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament.

(3) A residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.

Supervision by Commissioner for Local Administration in Scotland

18

A residuary body established under this Act shall be included among the authorities to which Part II of the 1975 Act applies.

SCHEDULE 4

1

The 1972 Act shall be amended in accordance with this Schedule.

2

In section 4 (survey of planning districts)—

(a) for subsection (1) substitute—

(1) It shall be the duty of the planning authority to keep under review the matters which may be expected to affect the development of their district or the planning of its development.

;

(b) for subsection (2) substitute—

(2) A planning authority may, if they think fit, institute a fresh survey, examining the matters referred to in subsection (1) above, of the whole or any part of their district, and references in subsection (3) of this section to the district of a planning authority shall be construed as including any part of that district which is the subject of a survey under this subsection.

3

In section 5 (preparation of structure plans), for subsection (1) substitute—

(1) Where, as a result of the making of an order under section 4A of this Act, the area in respect of which a planning authority are obliged (whether acting alone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of subsection (3) below, together with a copy of the report of any survey which they have carried out under section 4(2) of this Act. (1A) The Secretary of State may direct a planning authority to carry out their duty under subsection (1) above within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it. (1B) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State’s powers under section 15 of this Act and section 62B (power of Secretary of State to establish joint boards) of the Local Government (Scotland) Act 1973 each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters. (1C) Where authorities submit alternative proposals under subsection (1B) above, such proposals shall be accompanied by a statement of the reasoning behind the proposals. (1D) The provisions of section 8(2) of this Act shall apply in relation to structure plans submitted to the Secretary of State under this section as they apply in relation to the submission of alterations to structure plans submitted to him under that section.

4

In section 6 (publicity in connection with preparation of structure plans), after subsection (1) insert—

(1A) Where authorities submit alternative proposals in relation to particular matters to the Secretary of State under section 5(1B) of this Act, their duty under subsection (1) above is to secure that adequate publicity is given in each of their districts to all the matters which either or any of them propose to include in the plan.

5

After section 6 insert—

(6A) Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a planning authority shall consult every other planning authority who are likely to be affected by the plan or proposals.

6

In section 7 (approval or rejection of structure plan by Secretary of State), in subsection (1), after “structure plan” insert “ (including any alternative proposals included in the plan by virtue of section 5(1B) of this Act) ”.

7

In section 9 (preparation of local plans), before subsection (3) insert—

(1A) Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may make a joint local plan extending to parts of each of their districts.

8

In section 15 (default powers of the Secretary of State)—

(a) in subsection (1)—

(i) in paragraph (a) the words “, after holding a local inquiry or other hearing,” shall cease to have effect; and

(ii) for the words “carry out the survey” substitute “ carry out a survey in accordance with the provisions of section 4 of this Act ”; and

(b) after subsection (2) insert—

(2A) Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a planning authority acting jointly with another planning authority or authorities, he may, if he thinks fit, authorise one of those authorities to do that thing on behalf of both or all of them.

9

In section 17 (meaning of “development plan”), at the end insert—

(5) For the avoidance of doubt it is provided that, notwithstanding— (a) any changes made to local government areas by the Local Government etc. (Scotland) Act 1994; and (b) any alterations to structure plan areas made by orders under section 4A of this Act, the structure plans and local plans made prior to the coming into force of the provisions mentioned in paragraphs (a) and (b) above shall remain in force until replaced by new plans made under or by virtue of those provisions.

10

For subsection (3) of section 102 (compulsory acquisition of land) substitute—

(3) Before giving an authorisation under subsection (2) of this section, the Secretary of State shall consult the local authority within whose area the land is situated.

11

For subsection (9) of section 201 (orders extinguishing right to use vehicles on highway) substitute—

(9) The competent authorities for the purposes of this section are local authorities, and a competent authority shall not make an order under subsection (2) or (8) of this section, if they are not the roads authority, without obtaining the consent of that authority.

12

For subsection (5) of section 202 (provision of amenity for highway reserved to pedestrians) substitute—

(5) The competent authorities for the purposes of this section are local authorities, and a competent authority shall not exercise any powers conferred by this section, if they are not the roads authority, without obtaining the consent of that authority.

13

In section 242(1) (contributions by local authorities and statutory undertakers)—

(a) for the words from “any”, where it first occurs, to “may” substitute “ any local authority may ”; and

(b) for the words from “of the”, where they thirdly occur, to the end substitute “ of the area of the local authority ”.

14

In section 243 (acquisition of property in certain circumstances), for the words “regional, islands or district council” substitute “ local authority ”.

15

In section 275(1) (interpretation), for the definition of “local authority” substitute—

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

SCHEDULE 5

Part I

The Authority

1

In this Schedule “council” means a council constituted under section 2 of this Act.

2

The Authority shall consist of such number of members appointed respectively by such of the councils of constituent local authority areas, or by such two or more of the councils acting jointly, from among their own members as may be specified in an order made under section 40 of this Act.

3

The chairman of the Authority shall be such one of their number as the members of the Authority may appoint.

4

A person may be appointed as a member of the Authority under paragraph 2 above only if he is a member of the council or one of the councils by whom he is so appointed; and no person who is for the time being a member, officer or employee of the Strathclyde Passenger Transport Executive or who is for the time being an employee of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or employee of that Executive or such a subsidiary shall forthwith vacate his membership of the Authority.

5

A person who at the date of his appointment as a member of the Authority was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority.

6

If at any time not less than three months after the coming into force of the order under section 40 of this Act providing for the constitution of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under paragraph 2 above, the initial appointment of any member of the Authority falling to be made under that order or, as the case may be, an appointment to fill that vacancy, has not been made, the Secretary of State, after consultation with the council or councils by whom the appointment falls to be made, may make the appointment on their behalf.

Part II

Matters which may be dealt with by order under section 40

1

The incorporation of the Authority.

2

The appointment in accordance with Part I of this Schedule of members of the Authority.

3

The terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members.

4

The payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority.

5

The proceedings of the Authority.

6

The establishment by the Authority of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority.

7

The delegation of functions by the Authority to a committee , to the chairman or to an officer or member of staff of the Authority.

8

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

9

The appointment by the Authority of officers and staff and the payment of remuneration and allowances to any officers and staff appointed by the Authority.

10

Provision as to the superannuation of officers and staff of the Authority.

11

The provision of accommodation for the Authority by the Authority or by the Strathclyde Passenger Transport Executive.

12

Provision applying, with or without modifications, to the Authority or to persons who are or have been members or officers of the Authority any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers of local authorities or local authorities of a particular description.

13

The making of reports and the furnishing of information by the Authority to the Secretary of State.

14

Any particular matters to be dealt with in the annual report of the Authority under section 16 of the Transport Act 1968.

15

Provision for the council or councils by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by the said Act of 1968 or by the order.

16

Provision, as respects any period before the Authority appoint or are provided with their own officers, for the discharge of functions of officers of the Authority (including the convening of the first meeting of the Authority) by such officers of such of the councils of constituent areas as may be determined in accordance with the order.

SCHEDULE 6

SCHEDULE 7

Incorporation

1

A new water and sewerage authority (in this Schedule referred to as an “authority”) shall—

(a) be a body corporate; and

(b) have a common seal.

Status

2

An authority shall not—

(a) be regarded as a servant or agent of the Crown;

(b) have any status, immunity or privilege of the Crown;

and the property of an authority shall not be regarded as property of, or held on behalf of, the Crown.

Membership

3

The members of an authority shall be—

(a) not fewer than seven, nor more than eleven, persons appointed under this sub-paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the authority; and

(b) the person who is for the time being the chief executive of the authority.

4

The Secretary of State shall satisfy himself—

(a) before he appoints a person under paragraph 3(a) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the authority in question;

(b) from time to time, that each person so appointed continues, and has continued, to have no such interest.

5

6

Subject to paragraphs 7 and 8 below, each member of an authority other than their chief executive—

(a) shall hold and vacate office in accordance with the terms of the instrument under which he is appointed a member;

(b) may, by written notice to the Secretary of State, resign membership; and

7

The Secretary of State may remove a member, other than the chief executive, of an authority from office if satisfied that the member—

(a) has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the authority in question for a period longer than three consecutive months without the permission of the authority; or

(d) is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.

Chairmen and deputy chairmen

8

(1) The Secretary of State shall appoint one of the members of an authority, other than their chief executive, to be their chairman and, after consulting the chairman, may appoint any one of the members to be deputy chairman; and a chairman, or as the case may be deputy chairman, shall hold and vacate the office in question in accordance with the terms of the instrument under which he is appointed to that office.

(2) A member of the authority may resign as chairman or deputy chairman by written notice to the Secretary of State; but a chairman or deputy chairman who ceases to be a member of the authority (whether or not on giving notice under paragraph 6(b) above) ceases to be their chairman or deputy chairman.

(3) Where a member of an authority becomes, or ceases to be, the chairman or deputy chairman of the authority, the Secretary of State may vary the terms of the instrument under which he is appointed a member so as to alter the date on which office as a member is to be vacated.

Remuneration, allowances and pensions

9

(1) An authority shall pay to their chairman, deputy chairman and members, other than the chief executive—

(a) such remuneration as the Secretary of State may, . . .determine; and

(b) such reasonable allowances as may be so determined in respect of expenses properly incurred in the performance (as chairman, deputy chairman or as the case may be members) of duties.

(2) Where a person (other than a chief executive) ceases to be a member of an authority otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which might make it right for the person to receive compensation, the Secretary of State may, . . . direct the authority to pay to the person such amount as the Secretary of State may, . . . determine.

10

The Secretary of State may, . . . determine that in respect of any office held by a person as chairman, deputy chairman or member (other than the chief executive) of an authority, the authority in question shall pay—

(a) such pension, allowance or gratuity to, or in respect of, that person on his retirement or death;

(b) such contribution or other payment towards provision for such pension, allowance or gratuity,

as may be so determined.

Staff

11

The Secretary of State shall, after consultation with an authority’s chairman or chairman designate (if there is a person holding, or as the case may be designated to hold, that office) make the first appointment of their chief executive on such terms and conditions as the Secretary of State may, . . .determine; and the authority may, with the approval of the Secretary of State, make subsequent appointments to the office of chief executive on such terms and conditions as they may with the approval of the Secretary of State, . . . determine.

12

(1) Subject to any provision made by virtue of Chapter 2 of Part I of this Act, an authority may appoint on such terms and conditions as they may with the approval of the Secretary of State, . . . determine, such other employees as they consider appropriate.

(2) An authority shall, as regards such of their employees as they may with the approval of the Secretary of State,. . . determine, make such arrangements as they consider appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities; and such arrangements may include the establishment and administration, by the authority or otherwise, of one or more pension schemes.

(3) The reference in sub-paragraph (2) above to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments.

(4) If a person employed by an authority becomes a member of the authority and was by virtue of that employment a participant in a pension scheme administered by the authority for the benefit of their employees, the authority may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 10 above; but if the authority do so determine, then any discretion as to the benefits payable to or in respect of the person which the scheme confers on them shall be exercisable only with the consent of the Secretary of State . . ..

Committees

13

The authority may establish committees for or in connection with the discharge of such of their functions, or the exercise of such of their powers, as the authority may determine.

Proceedings

14

The quorum of an authority, and the arrangements for their meetings, shall be such as the authority in question may determine.

15

(1) A member of an authority who is directly or indirectly interested in—

(a) a contract made or proposed to be made by them; or

(b) any other matter whatsoever which falls to be considered by them,

shall as soon as is practicable disclose the nature of his interest at a meeting of the authority; and the disclosure shall be recorded in the minutes of the meeting.

(2) In the case mentioned in—

(a) head (a) of sub-paragraph (1) above, the member shall not take part in any deliberation or decision of the authority with respect to the contract;

(b) head (b) of that sub-paragraph, the member shall not take part in any deliberation or decision of the authority with respect to the matter if the authority decide that the interest in question might affect prejudicially his consideration of the matter.

(3) For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the authority be a sufficient disclosure of the person’s interest to the authority.

(4) For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting.

16

The validity of any proceedings of an authority shall not be affected by any vacancy among the members of the authority, or by any defect in the appointment of a member, or by any failure to comply with any requirement of paragraph 15 above.

17

Delegation of powers

18

(1) Anything authorised or required by or under any enactment to be done by the authority may be done by any of their committees which, or by any of their members or officers who, are authorised (whether generally or specially) for the purpose by them.

(2) Nothing in sub-paragraph (1) above shall prevent the authority from doing anything that a committee, member or officer has been authorised to do.

SCHEDULE 8

SCHEDULE 9

Incorporation

1

The Customers Council shall be a body corporate.

Status

2

The Customers Council shall not be regarded as a servant or agent of the Crown and shall not have any status, immunity or privilege of the Crown.

Membership

3

The members of the Customers Council shall be not fewer than eight, nor more than twelve, persons appointed under this paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the Council but who are not members or employees of any of the new water and sewerage authorities; so however that he shall seek to ensure that the appointees include persons appropriate to represent, both as respects domestic and as respects non-domestic services, the interests of, respectively—

(a) customers and potential customers such as are mentioned in section 65(2)(a)(ii) of this Act; and

(b) other customers and potential customers.

4

For the purposes of paragraph 3 above, services are domestic if provided to dwellings (“dwelling” having the same meaning as in Part II of the Local Government Finance Act 1992) and are otherwise non-domestic.

5

The Secretary of State shall appoint one of the members of the Customers Council to be its chairman and another of them to be its deputy chairman.

6

A member of the Customers Council shall hold and vacate office in accordance with the terms of the instrument appointing him and shall, on ceasing to hold office, be eligible for re-appointment; but his membership shall terminate forthwith on his becoming a member or employee of any of the new water and sewerage authorities.

Members’ remuneration, pensions and allowances

7

(1) The Customers Council shall pay to its chairman, deputy chairman and members—

(a) such remuneration as the Secretary of State may, . . . determine; and

(b) such reasonable allowances as may be so determined in respect of expenses properly incurred in the performance (as chairman, deputy chairman or as the case may be members) of duties.

(2) Where a person ceases to be a member of the Customers Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which might make it right for the person to receive compensation, the Secretary of State may, . . . direct the Council to pay to the person such amount as the Secretary of State may, . . . determine.

8

The Secretary of State may, . . . determine that in respect of any office held by a person as chairman, deputy chairman or member of the Customers Council, the Council shall pay—

(a) such pension, allowance or gratuity to, or in respect of, that person on his retirement or death;

(b) such contribution or other payment towards provision for such pension, allowance or gratuity,

as may be so determined.

Staff

9

(1) The Customers Council may appoint on such terms and conditions as it may with the approval of the Secretary of State, . . . determine, such employees as it considers appropriate.

(2) The Customers Council shall not appoint a person to act as its principal officer except after consultation with the Secretary of State.

(3) The Council shall, as regards such of its employees as it may with the approval of the Secretary of State, . . . determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities; and such arrangements may include the establishment and administration, by the Council or otherwise, of one or more pension schemes.

(4) The reference in sub-paragraph (3) above to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Local Government etc. (Scotland) Act 1994

Rating of unoccupied lands and heritages

154

Rating of lands and heritages partly unoccupied for a short time

155

Remission of rates on account of hardship

156

Certain orders relating to valuation not to be treated as hybrid

157

Grants in respect of certain rate rebates

158

Rating of enterprise zone

159

Further provision as to valuation by formula

160

Power of Secretary of State to combine and divide lands and heritages

161

Abolition of Scottish Valuation Advisory Council

162

Amendment of Transport Act 1968

Guarantees by Strathclyde Passenger Transport Authority

163

Finance

Calculation of limits on spending

164

Powers of authorities to borrow and lend money

165

Grants in relation to ethnic minorities

166

Special grants

167

Direct Labour Organisation/ Direct Services Organisation Accounts

168

Statements of support services costs

169

Resources

Effective use of resources

170

Economic development

Functions to include promotion of economic development

171

Tourism

Duty of Secretary of State to establish area tourist boards

172

Power of Secretary of State to amend and revoke schemes

173

Power of local authority to submit amending schemes to Secretary of State

174

Provision of assistance to boards by old authorities

175

Powers to carry on tourism-related activities

176

Part V — General and Supplementary

General

Parliamentary disqualification

177

Financial provisions

178

Savings

179

Supplementary

Minor and consequential amendments and repeals

180

Consequential and supplementary provisions

181

Further transitional provisions

182

Interpretation and amendment of statutory references

183

Short title, commencement and extent

184

SCHEDULE 1

Part I

New areas

Part II

Provisions as to boundaries

1

2

SCHEDULE 2

First elections of councillors