Local Government etc. (Scotland) Act 1994

(37A) (1) A sewerage authority shall maintain a register for the purposes of this Part of this Act. (2) The authority shall enter in the register— (a) such particulars as may be prescribed— (i) of any consent, affecting their area and for the time being extant, given (whether before or after the coming into force of this section) under this Part of this Act; and (ii) of any agreement, affecting their area and for the time being extant, entered into (whether before or after the coming into force of this section) under section 37 of this Act; and (b) such particulars of other matters relative to their functions under this Part of this Act as may be prescribed. (3) It shall be the duty of a sewerage authority— (a) to secure that the register maintained by them in pursuance of subsection (1) above is, after such date as may be prescribed, open to inspection by the public free of charge at all reasonable hours; and (b) to afford members of the public reasonable facilities for obtaining from them, on payment of reasonable charges, copies of entries in the register. (4) In subsections (2) and (3) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument. (5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (37B) (1) No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security. (2) The Secretary of State may, for the purposes of subsection (1) above, give to a sewerage authority directions— (a) specifying information, or descriptions of information, to be excluded from the register; or (b) specifying descriptions of information to be referred to him for his determination; and no information referred to him in pursuance of paragraph (b) above shall be included in the register until he determines that it should be so included. (3) The sewerage authority shall notify the Secretary of State of any information they exclude from the register in pursuance of directions under subsection (2) above. (4) A person may, as respects any information which (but for this section) might be included in the register but which he believes may be information whose inclusion would be contrary to the interests of national security, by notice so inform the Secretary of State, specifying the information and indicating its apparent nature; and if the person does so— (a) he shall advise the sewerage authority that he has given such notice; and (b) no information in respect of which such advice has been given shall be included in the register until the Secretary of State has determined that it should be so included.

.

Disapplication of restrictions on disclosure of information

104

In section 50 of the 1968 Act (which imposes restrictions on the disclosure of information obtained under or by virtue of that Act)—

• (a) in subsection (2), after paragraph (a) there shall be inserted—

(aa) in prescribed circumstances or for prescribed purposes; or

; and

• (b) after subsection (3) there shall be added—

(4) In paragraph (aa) of subsection (2) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument. (5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the regulations).

.

Further amendment of Water (Scotland) Act 1980

Restriction on references to Secretary of State of questions regarding water supply

105

In section 9(4) of the 1980 Act (which provides that questions as to the terms and conditions on which water is supplied etc. are to be referred to the Secretary of State in the absence of agreement), after the word “supplied” there shall be inserted “ (not being a question as respects charges for the water which is to be supplied) ”.

Removal of restriction on supply of water to premises outwith water authority’s limits of supply

106

For section 12 of the 1980 Act (which provides for a water authority giving a supply of water to premises situated outwith their limits of supply if the water authority within whose limits the premises are situated consents) there shall be substituted—

(12) Where premises are situated outwith the limits of supply of a water authority, the authority may, after informing the water authority within whose limits of supply the premises are situated, give a supply of water to the premises.

.

Supply of water for use outwith Scotland

107

The following section shall be inserted after section 13 of the 1980 Act—

(13A) (1) A water authority may, if for the time being they are satisfied that such supplies of water as are available to them are likely to be more than sufficient to enable them to fulfil their duties as respects the supply of water to premises in Scotland, enter into an agreement with any other person to give him, on such terms and conditions as they think fit and whether or not in bulk, a supply of water for use outwith Scotland. (2) For the purposes of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving a supply of water in pursuance of an agreement entered into under subsection (1) above, a water authority may exercise, either within or outwith their limits of supply, the like powers with respect to laying mains or breaking open roads as are exercisable by them under this Act for the purposes of laying mains, but subject to the like conditions and obligations.

.

Further provision as regards removal of restrictions on supply of water outwith limits of supply

108

For section 21 of the 1980 Act (which provides powers for the purposes of a water authority providing the whole or part of their limits of supply with a supply of water) there shall be substituted—

(21) Without prejudice to any other powers which they may have, a water authority may, for the purposes of providing a supply of water under this Act and subject to its provisions— (a) construct, alter, acquire by purchase, lease or otherwise, or renew or maintain, waterworks; (b) so acquire any undertaking belonging to persons, other than a water authority, who are supplying or are authorised to supply water; (c) so acquire premises to be used for the purposes of the authority and maintain such premises; (d) contract with any person for a supply by him of water in bulk or otherwise; or (e) erect and maintain a house for the use of a person employed by them for the purposes of their undertaking.

.

Right of objection to proposed laying of mains

109

In section 23 of the 1980 Act (power to lay mains), after subsection (1) there shall be inserted—

(1A) If within two months after the service of a notice under subsection (1)(b) above the owner or occupier objects to the water authority about the proposed works (and that objection is not withdrawn), the authority shall not proceed to lay the main but shall refer the matter by summary application to the sheriff, who may— (a) grant consent to the proposed works, either unconditionally or subject to such terms and conditions as he thinks just; or (b) withhold his consent; and the decision of the sheriff on the matter shall be final.

.

Vesting of certain supply pipes

110

In section 24 of the 1980 Act (which makes provision as regards communication and supply pipes)—

• (a) in subsection (4)—

• (i) after the word “road” there shall be inserted “ and is not, by virtue of any of subsections (5) to (8) below, vested in them ”; and

• (ii) at the end there shall be added “ and to the terms and conditions of any such agreement as is mentioned in subsection (8) below ”; and

• (b) after subsection (4) there shall be added—

(5) Where the laying of a supply pipe is completed after such day as the Secretary of State may under this subsection by order appoint, so much of that pipe as may lie between a communication pipe with which it connects and the curtilage of the premises supplied shall, on such completion, vest in the water authority in whom is vested the communication pipe as shall any apparatus used wholly or mainly in connection with that supply pipe; and a supply pipe in so far as so lying is, together with any apparatus so used in connection with it, referred to in the following provisions of this section as a “relevant supply pipe”. (6) Subject to subsection (7) below, on such day as the Secretary of State may by order appoint, a relevant supply pipe which is not then vested in any water authority (and whose laying is complete) shall vest in the water authority in whom the communication pipe is vested. (7) Subsection (6) above shall have no effect in relation to any relevant supply pipe in respect of which notice is both given and not withdrawn, within the period of three months before the day appointed under that subsection— (a) to the water authority in question by the person (or as the case may be any one of the persons) in whom the pipe is, or will immediately before that day be, vested stating that he does not wish the pipe to vest in the water authority under that subsection; or (b) to such person (or as the case may be persons) by the water authority stating that the pipe is inappropriate for the purpose of supplying water to the premises, whether by reason of its state of repair or otherwise, but at any time after the appointed day the person, or as the case may be persons, in whom the pipe is vested may by notice specify a day on which he desires (or they desire) that the pipe shall vest in the authority and if the pipe is on that specified day appropriate for the purpose of supplying water to the premises it shall vest accordingly. (8) If a relevant supply pipe does not vest in a water authority by virtue of subsection (6) or (7) above, the pipe may nevertheless vest by agreement in the authority— (a) on such terms and conditions; and (b) as from such day after the appointed day, as the person (or persons) and the water authority consider appropriate. (9) The water authority shall, at their own expense, carry out any necessary work of maintenance, repair or renewal of relevant supply pipes vested in them by virtue of any of subsections (5) to (7) above; but this subsection is without prejudice to the terms and conditions of any such agreement as is mentioned in subsection (8) above. (10) Any dispute arising under subsection (7) above as to whether— (a) a notice under paragraph (b) of that subsection should be withdrawn as unjustified; (b) apparatus is used wholly or mainly in connection with a supply pipe; or (c) on a specified day a relevant supply pipe is appropriate for the purpose of supplying water to the premises, shall be referred by the person or persons in whom the pipe is vested to the Secretary of State, who may determine the dispute himself or, if he thinks fit, refer it for determination by arbitration.

.

Duty of water authority to keep map showing water mains etc

111

The following section shall be inserted after section 24 of the 1980 Act—

(24A) (1) A water authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all water mains, communication pipes and supply pipes which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994; and the authority shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as the authority may determine. (2) A water authority shall keep deposited at such of their offices, other than their principal office, as they consider appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and the authority shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, they do in relation to the map mentioned in that subsection at their principal office. (3) For the purposes of subsection (2) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to the water authority to be appropriate having regard to the geographical location of that office.

.

Simplification of provisions as respects opting for water supply by meter

112

For section 41A of the 1980 Act (which makes provision as respects the supply of water by meter) there shall be substituted—

(41A) The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon— (a) the payment by the occupier of any reasonable charges made by the authority under section 35 of this Act; and (b) the acceptance by him of such reasonable terms and conditions as may be published by the water authority under section 55(1) of this Act, and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration.

.

Actings of Secretary of State on default of water authority

113

In section 76E(4) of the 1980 Act (which provides for enforcement, by default order, of requirements as to quality of water unless the Secretary of State is satisfied that failures complained of were of a trivial nature or that certain undertakings given are being complied with), in paragraph (a)—

• (a) the words after “of”, where it first occurs, shall be sub-paragraph (i) of the paragraph; and

• (b) after that sub-paragraph there shall be added—

; or (ii) are not continuing and are unlikely to recur;

.

Publication and provision of information as respects quality of private supplies of water

114

In section 76F of the 1980 Act (general functions of local authorities in relation to water quality), after subsection (6) there shall be added—

(7) The Secretary of State may by regulations require a local authority— (a) to publish information about the quality of private supplies of water for domestic or food production purposes to any premises in their area; and (b) to provide information to prescribed persons about the quality of water so supplied. (8) Regulations under subsection (7) above— (a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided; (b) may require the provision of information by a local authority to any person to be free of charge or may authorise it to be subject to the payment by that person to the authority of a prescribed charge; and (c) may impose such other conditions on the provision of information by a local authority to any person as may be prescribed.

.

Regulations as to certain procedures

115

In section 101 of the 1980 Act (provisions as to regulations), after subsection (1A) there shall be added—

(1B) The Secretary of State may by regulations make provision as to— (a) the manner in which and the time within which a question or dispute may be referred (other than by him for determination by arbitration), or a request may be made, in pursuance of section 6(3), 9(4) or 24(10) of this Act and as to the procedure for dealing with any such reference or request; and (b) the manner in which, subject to sections 76G and 76H of this Act, written representation or objection may be made, submitted or withdrawn under subsection (2) of the said section 76H.

.

Miscellaneous provisions as respects new authorities

Power of Secretary of State to give directions to new authorities

116

Directions in the interests of national security

117

Provision of information, etc

118

Records held by new authorities

119

Duty of new authorities to collaborate

120

Power of new authorities to promote or oppose private legislation

121

Supply of goods and services to new authorities by local authorities

122

Power to require local authorities and assessors to supply information to new authorities

123

Other miscellaneous provisions

Cancellation of obligation to contribute towards certain expenses incurred as respects sewerage, or disposal of sewage, in rural localities

124

General

Interpretation of Part II

125

Orders under Part II

126

Part III — The Principal Reporter and the Scottish Children’s Reporter Administration

The Principal Reporter

The Principal Reporter

127

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

The Scottish Children’s Reporter Administration

The Scottish Children’s Reporter Administration

128

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

Appeal against dismissal of Principal Reporter and other officers

129

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

Additional functions of the Principal Reporter

Annual report of Principal Reporter

130

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

Delegation of Principal Reporter’s functions

131

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

Functions of the Administration

Duty of Administration to provide accommodation etc. for children’s hearings

132

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

Ancillary powers of Administration

133

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

Directions by the Secretary of State

134

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

Finance of the Administration

Government grants to the Administration

135

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

Reports, accounts etc. of the Administration

Reports, accounts etc. of the Administration

136

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

General and supplemental

Staff: application of Chapter 2 of Part I

137

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

Property etc.: application of Chapter 3 of Part I

138

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

Part IV — Miscellaneous

Social work

Report by local authority for purpose of investigation preliminary to children’s hearing

139

Voluntary organisations

Power of local authorities to provide assistance to voluntary organisations

140

In section 88 of the 1973 Act (provision of information etc. on matters relating to functions of local authority), after subsection (2) there shall be inserted—

(3) A local authority may assist voluntary organisations to provide for individuals— (a) information and advice concerning those individuals’ rights and obligations; and (b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.

.

Byelaws

Byelaws under section 121 of Civic Government (Scotland) Act 1982

141

In section 121 of the Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)—

• (a) in subsection (5), for paragraph (b) there shall be substituted—

(b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);

;

• (b) in subsection (6) the words from “and of” to “that proposal” shall cease to have effect; and

• (c) in subsection (7)—

• (i) the words from “but the” to “his consent”; and

• (ii) the word “nevertheless”,

shall cease to have effect.

Polling districts

Organisation of polling districts

142

• (1) Section 18 of the Representation of the People Act 1983 (polling districts and places at parliamentary elections) shall be amended in accordance with this section.

• (2) In subsection (3)—

• (a) for the words from “returning officer’s” to “places”, where it first occurs, there shall be substituted the words “ duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts ”;

• (b) in paragraph (a)—

• (i) for the words “returning officer” there shall be substituted the words “ local authority ”;

• (ii) for the words “the constituency” there shall be substituted the words “ so much of the constituency as falls within their area ”; and

• (iii) for the word “he” there shall be substituted the words “ the local authority ”;

and

• (c) in paragraph (b), for the words from the beginning to “constituency”, where it last occurs, there shall be substituted the words “ each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area ”.

• (3) In subsection (5)—

• (a) the words “any interested authority or” and “(or in Scotland, the returning officer)” shall cease to have effect;

• (b) the words “or returning officer”, in both places where they occur, shall cease to have effect; and

• (c) in the definition of “interested authority”, sub-paragraph (iii) shall cease to have effect.

• (4) In subsection (6), the words “or returning officer” shall cease to have effect.

Education

Self-governing schools: certain proposals under Education (Scotland) Act 1980

143

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

Denominational schools: proposals under section 22D of Education (Scotland) Act 1980

144

In section 22D of the Education (Scotland) Act 1980 (further provisions relating to denominational schools)—

• (a) in subsection (2)(a), for the word “the” there shall be substituted “ an ”;

• (b) in subsection (2)(c)—

• (i) for the words “the education authority”, where they first occur, there shall be substituted “ any education authority affected by it ”;

• (ii) in sub-paragraph (i), for the words “the result” there shall be substituted “ any of the results ”; and

• (iii) in sub-paragraph (ii), after the word “authority”, there shall be inserted “ submitting the proposal under subsection (1) above ”; and

• (c) for subsections (3) and (4) there shall be substituted the following subsection—

(3) The results referred to in subsection (2)(c)(i) above are— (a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or (b) a significant deterioration for pupils belonging to the area of any other education authority; or (c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration, in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.

.

Provision of school transport and other facilities

145

• (1) The Education (Scotland) Act 1980 shall be amended in accordance with this section.

• (2) In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)—

• (a) in paragraph (a)—

• (i) after the word “with”, where it first occurs, there shall be inserted

— (i)

; and

• (ii) after the word “Act” there shall be inserted

— (ii) any arrangements made by them under section 23(1A) of this Act; or (iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act

; and

• (b) in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”.

• (3) In section 51 (provision of transport and other facilities)—

• (a) in subsection (2A)—

• (i) in paragraph (a)—

• (A) after the word “with” there shall be inserted

— (i)

; and

• (B) after the word “Act” there shall be inserted—

(ii) any arrangements made by them under section 23(1A) of this Act; or (iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act

; and

• (ii) in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”; and

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

(2AD) Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority— (a) in accordance with any arrangements made by them under section 23(1A) of this Act; (b) in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or (c) if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas.

.

Roads

Definition of “road”

146

In section 151 of the Roads (Scotland) Act 1984 (interpretation), after subsection (1) there shall be inserted the following subsection—

(1A) A way to which the public has access (by whatever means and whether subject to a toll or not) which passes over a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, a private Act shall, for the purposes of the definition of “road” in subsection (1) above, be treated as if there were a public right of passage over it.

.

Provisions consequential on making of special road order

147

After section 113 of the Roads (Scotland) Act 1984 there shall be inserted the following section—

(113A) (1) Where— (a) an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and (b) the functions of that body relate solely to that road, the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body. (2) A dissolution order may transfer or provide for the transfer to— (a) the special road authority referred to in subsection (1)(a) above; or (b) such other person as the Secretary of State considers appropriate, of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate. (3) A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body. (4) Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body. (5) A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order. (6) In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above. (7) A dissolution order may repeal or amend— (a) any enactment in a private Act; and (b) any provision of an order made under or confirmed by a private Act, which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended.

.

Toll orders

148

• (1) In paragraph 14D(1) of Schedule 1 to the Roads (Scotland) Act 1984 (procedure for making and confirming toll orders), at the end of paragraph (a) (and before the word “and” immediately following it) there shall be inserted the following paragraph—

(aa) that existing road is free of toll,

.

• (2) In section 27 of the New Roads and Street Works Act 1991 (toll orders), after subsection (9) there shall be inserted the following subsection—

(9A) On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect.

.

Road works register

149

In section 112 of the New Roads and Street Works Act 1991 (road works register)—

• (a) in subsection (4), for the words from “of road” to “section” there shall be substituted the words “ under this section of such road works authorities as he may specify ”;

• (b) after subsection (4) there shall be inserted the following subsection—

(4A) Before making any arrangements under subsection (4) the Secretary of State shall consult— (a) any road works authority having duties under this section which he intends not to specify for the purposes of the arrangements; and (b) any undertaker (other than a person having permission under section 109 to execute road works) having apparatus in a road for which such road works authority is responsible.

; and

• (c) in subsection (5), after the word—

• (i) “require” there shall be inserted the word “ the ”; and

• (ii) “authorities” there shall be inserted the words “ so specified ”.

Traffic signs

150

• (1) Notwithstanding the provisions of section 67 of the Road Traffic Regulation Act 1984 (persons empowered to place traffic signs on road in emergency etc.), the Secretary of State may, with the consent of the chief constable of the Police Service of Scotland as respects a road or any structure on a road, place on that road, or on any structure on that road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of the said Act of 1984), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.

• (2) Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic signs) shall apply to signs placed in the exercise of the power conferred by subsection (1) above.

• (3) In this section—

• “road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984; and

• “traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984.

Valuation and rating

Exclusion from valuation roll of shootings, deer forests, fishings and fish counters

151

• (1) On and after 1st April 1995 no ... fishings or fish counters shall be entered in the valuation roll.

• (2) Nothing in subsection (1) above shall affect any right of a district salmon fishery board (within the meaning of section 40(1) of the Salmon Act 1986) to require the assessor to value and enter any rights of salmon fishing in the valuation roll for the purposes of fishery assessments only.

• (3) For the purposes of this section—

• “fish counter” means any weir or other structure in inland waters primarily used for the purpose of counting fish; and

• “inland waters” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

Amendment of definition of “lands and heritages”

152

• (1) The Lands Valuation (Scotland) Act 1854 shall be amended as follows.

• (2) In section 42 (interpretation), in the definition of “lands and heritages”, for the words from “all machinery fixed” to the end of the first proviso substitute the words “ such class or classes of plant or machinery in or on any lands and heritages as may be prescribed by the Secretary of State by regulations ”.

• (3) After section 42 add—

(43) (1) Regulations under section 42 of this Act may, if made so as to take effect other than at the beginning of a year of revaluation (within the meaning of the Local Government (Scotland) Act 1975), provide for the revaluation of any lands and heritages affected by the regulations. (2) The power to make regulations under the said section 42 shall be exercisable by statutory instrument. (3) Any statutory instrument containing regulations made under the said section 42 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

.

Power of Secretary of State to prescribe amount of non-domestic rate

153

• (1) For any financial year, the Secretary of State may by regulations prescribe that the amount payable as non-domestic rate in respect of any lands and heritages shall be such amount as may be determined in accordance with prescribed rules.

• (2) Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit and such factors may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.

• (3) Regulations under this section may make different provision in relation to different areas and different classes of lands and heritages and, without prejudice to that generality, may make different provision in relation to lands and heritages

• (a) whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure;

• (b) whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1);

• (c) which—

• (i) contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute,

• (ii) contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1).

• (3A) Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) or (c)(ii) in rules under subsection (1).

• (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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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

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.

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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;

• (c) specify the means by 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.

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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;

• (c) contain such information:

• (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.

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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.

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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

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.

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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.

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• (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.

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Financial provisions

178

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