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

(27) Sub-paragraph (26) above does not affect any of the particular amendments made by this paragraph.

The Theatres Act 1968 (c. 54)

77

In section 18(1) of the Theatres Act 1968 (interpretation), for “the islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Gaming Act 1968 (c. 65)

78

(1) The Gaming Act 1968 shall be amended in accordance with this paragraph.

(2) In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for “regional council, islands council or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for from the word “(i)” to “district” substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In Schedule 9 (permits under section 34), in paragraph 1(d), for the words “of the islands area or district in which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area ”.

The Medicines Act 1968 (c. 67)

79

In section 109 of the Medicines Act 1968 (enforcement in Scotland)—

(a) in subsection (2)(d), for the words from “regional” to the end substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and the area of such a council ”; and

(b) in subsection (2A), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Transport Act 1968 (c. 73)

80

(1) The Transport Act 1968 shall be amended in accordance with this paragraph.

(2) In section 9(1) (Passenger Transport Areas, Authorities and Executives)—

(a) in paragraph (a), for sub-paragraph (ii) substitute—

(ii) in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;

;

(b) in paragraph (b), for sub-paragraph (ii) substitute—

(ii) in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority

; and

(i) after “be” insert—

(i) in England and Wales

; and

(ii) after “passenger transport area”, where secondly occurring, insert

and (ii) in Scotland, the Strathclyde Passenger Transport Executive

(3) In section 9A(9)(b) (general functions of Passenger Transport Authorities and Executives), the words “regional or islands” shall cease to have effect.

(4) In section 9B(1)(a) (consultation and publicity with respect to policies as to services), for “regional council” substitute “ council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.

(5) In section 10(6) (application of Part I of Harbours, Piers and Ferries (Scotland) Act 1937 to Executive), for the words from “that area” to “that region” substitute “ the Executive were within the meaning of that Act a local authority for that area ”.

(6) In section 34 (assistance for rural bus or ferry service)—

(a) in subsection (2) for the words from “regional” to “jointly” substitute “ council or two or more councils acting jointly ”;

(b) in subsection (3), for “any of the councils aforesaid” substitute “ a council ”;

(i) for “regional or islands councils” substitute “ a council ”; and

(ii) for “such a” substitute “ that ”; and

(d) after subsection (4) insert—

(5) In this section “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(7) In section 56 (assistance by Secretary of State or local authority towards capital expenditure on public transport facilities)—

(a) in subsection (2B), in the definition of “relevant local authority”, in paragraph (c), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(b) in subsection (4)(b), the words “regional or islands” shall cease to have effect; and

(c) in subsection (6)(d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

(9) Section 115(3) (as substituted by paragraph 19 of Schedule 18 to the 1973 Act) shall cease to have effect and after subsection (3) of section 115 (interpretation of Part VII) insert—

(3A) In sections 109, 112, 113 and 114 of this Act, “local authority” means, as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994

(10) In section 123(2) (power of certain authorities to contribute to cost of barriers etc. at level crossings), for “county council and a town council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(11) In section 124(4) (Board’s obligations at level crossings with certain roads), for the words from “Scotland” to “council” substitute “ Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(12) In Schedule 5 (Passenger Transport Authorities and Executives), in Part II, in paragraph 2—

(a) for “regional council”, where it first occurs, substitute “ council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”; and

(b) for “the regional”, where secondly occurring, substitute “ such ”.

The Mines and Quarries (Tips) Act 1969 (c. 10)

81

In section 11(3)(b) of the Mines and Quarries (Tips) Act 1969 (meaning of “local authority” for purposes of Part II), for the words from “general” to “1973” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Post Office Act 1969 (c. 48)

82

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

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

83

In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (authorities exempted from insurance)—

(a) for the words from “a”, where it thirdly occurs, to “in”, where it secondly occurs, substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in ”; and

(b) after “such council” insert “ the Strathclyde Passenger Transport Authority ”.

The Local Authorities (Goods and Services) Act 1970 (c. 39)

84

In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of “local authority”—

(a) for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b) for “those” substitute “ two or more such councils ”.

The Agriculture Act 1970 (c. 40)

85

(1) The Agriculture Act 1970 shall be amended in accordance with this paragraph.

(2) For subsection (2) of section 67 (enforcement authorities and appointment of inspectors and analysts) substitute—

(2) In Scotland it shall be the duty of every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 to enforce this Part of this Act within their area.

(3) In section 92 (provision of flood warning systems)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the proviso to subsection (1)—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) for the words from “region” to “within which” substitute “ local authority within whose area ”; and

(c) in subsection (2)(b), for “regional or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area”, in relation to such an authority, shall be construed in accordance with the provisions of Part I of that Act ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

86

In section 21(8) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), for the words from “the council”, where they thirdly occur, to “Scotland” substitute “ , in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Fire Precautions Act 1971 (c. 40)

87

In section 43(1) of the Fire Precautions Act 1971, in the definition of “local authority”, in paragraph (b), for “islands or district council” substitute “ council for a local government area ”.

The Town and Country Planning (Amendment) Act 1972 (c. 42)

88

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

The Poisons Act 1972 (c. 66)

89

In section 11(2) of the Poisons Act 1972 (interpretation), in the definition of “local authority”, in paragraph (b), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Employment Agencies Act 1973 (c. 35)

90

In section 13(1) of the Employment Agencies Act 1973 (interpretation), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Breeding of Dogs Act 1973 (c. 60)

91

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

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

92

(1) The 1973 Act shall be amended in accordance with this paragraph.

(2) In section 14(1) (duty of the Boundary Commission to review local government areas), for—

(a) “ten”, in both places where it occurs, substitute “ eight ”;

(b) “fifteen”, in both places where it occurs, substitute “ twelve ”; and

(3) In section 16(2) (duty of the Boundary Commission to review electoral arrangements), for—

(a) “ten”, in both places where it occurs, substitute “ eight ”;

(b) “fifteen”, in both places where it occurs, substitute “ twelve ”; and

(4) For section 20 (initial review of areas and electoral arrangements) substitute—

(20) Schedule 5 to this Act shall have effect with respect to the first review of electoral arrangements for local government areas after 1st April 1996.

(5) For section 23 (change of name of local government area) substitute—

(23) (1) The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area. (2) Notice of any change of name made under this section— (a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and (b) shall be published in such manner as the Secretary of State may direct. (3) A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(6) In section 24(5) (provision which may be included in orders under Part II)—

(a) in each of paragraphs (c) and (d), for “areas”, wherever it occurs, substitute “ wards ”; and

(b) in paragraph (f)—

(i) the words “regional, islands or district” shall cease to have effect; and

(ii) for “area” substitute “ ward ”.

(7) In section 28 (supplementary provision to Part II)—

(a) in subsection (1)—

(i) in the definition of “electoral arrangements”, for “areas” and, where it fourthly occurs, “area” substitute “ wards ” and “ward” respectively; and

(ii) for the definition of “local government area” substitute—

“local government area” means the area of a local authority;

; and

(b) in subsection (2), for the words “this Act”, where they thirdly occur, substitute “ the Local Government etc. (Scotland) Act 1994. ”.

(8) In section 31 (disqualification for nomination etc.)—

(a) for the words “chairman or vice-chairman”, in both places where they occur, substitute “ convener or depute convener ”;

(b) after subsection (3) insert—

(3A) A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.

; and

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 47 (allowances for attending conferences and meetings)—

(a) in subsection (4), the words “, other than a water development board within the meaning of the Water (Scotland) Act 1980,”; and

(b) subsection (5),

shall cease to have effect.

(11) In section 50B (access to agenda and connected reports), in subsection (4)(b), for the word “chairman” substitute “ convener ”.

(12) In section 50K(2)(b) (interpretation), for “the enactment” substitute “ either of the enactments ”.

(13) In section 55 (assistance to community councils), for “islands and district councils” substitute “ councils for local government areas ”.

(14) In section 56 (arrangements for discharge of functions by local authorities)—

(a) in subsection (6), paragraphs (a) and (c) shall cease to have effect; and

(b) in subsection (9)—

(i) in paragraph (b), for “21 and 21A” substitute “ and 21 ”;

(ii) paragraph (c) shall cease to have effect; and

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) In section 63 (application of Part V to police authorities)—

(a) in subsection (2) the words “or a district council” shall cease to have effect;

(b) in subsection (3), after paragraph (b) insert—

(c) sections 62A to 62C.

;

(c) in subsections (4) and (5), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;

(d) in subsection (5)(a), the words “or district council” shall cease to have effect; and

(e) in subsection (5)(b) for the word “committee” substitute “ board ”.

(16) After section 63 insert—

(63A) Sections 62A to 62C of this Act shall not apply to a local authority in relation to their functions as a fire authority.

(17) In section 64(5) (excepted enactments for purposes of section 64(4))—

(a) paragraphs (c) and (f) shall cease to have effect; and

(b) in paragraph (e), for “directors of social work” substitute “ chief social work officers ”.

(18) In section 67 (members of authorities not to be appointed as officers), for the words “chairman or vice-chairman” substitute “ convener or depute convener ”.

(19) In section 83 (power of local authorities to incur expenditure for certain purposes)—

(a) subsections (2A) and (2B) shall cease to have effect; and

(b) in subsection (3)(c), for the words “chairman of a regional, islands or district council, a chairman” substitute “ convener of a local authority, a convener ”.

(20) In section 84 (powers of local authorities with respect to emergencies), subsection (2) shall cease to have effect.

(21) In section 87 (research and the collection of information)—

(a) in subsection (1)—

(i) for “council” substitute “ local authority ”; and

(ii) the words “any other local authority in the area,” shall cease to have effect;

(b) in subsection (2)—

(i) for “a council” substitute “ a local authority ”;

(ii) for the words from “council or” to “the council”, where they first occur, substitute “ local authority ”; and

(iii) the words from “and where” to the end shall cease to have effect; and

(22) In section 92(2) (meanings of certain expressions for purposes of section), in the definition of “securities”, for the words from “has” to the end substitute

means— (a) investments falling within any of paragraphs 1 to 6 of Schedule 1 to the Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or (b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the Industrial and Provident Societies Act 1965 or any building society within the meaning of the Building Societies Act 1986.

(23) In section 93 (general fund), for subsection (2)(b) substitute—

(b) which relate to the common good of the council;

(24) In section 94 (capital expenses), for subsection (1A) substitute—

(1A) The provisions of this section shall apply to the Strathclyde Passenger Transport Authority as they apply to a local authority; and the giving of approval by the Strathclyde Passenger Transport Authority to any proposal for expenditure referred to in section 15(1)(c) of the Transport Act 1968 shall be deemed for the purposes of this section to be an incurring of liability by the Authority to meet capital expenses.

(25) In section 100 (auditor’s right of access to documents)—

(a) after subsection (1A) insert—

(1B) Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority or body whose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation.

;

(b) in subsection (2), for “subsection (1)” substitute “ subsections (1) and (1B) ”; and

(i) after “(1)” insert “ or (1B) ”; and

(ii) the words from “and to an additional fine” to the end shall cease to have effect.

(26) In subsection (3) of section 102 (reports to Commission by Controller of Audit), for the words “the audit” substitute “ any matter arising out of the auditing ”.

(27) In section 103 (action by Commission for local authority accounts), for subsection (6)(b) substitute—

(b) may require the attendance of members or officers, or former members or officers, of any local authority to give oral evidence to the Commission; and (c) may pay to any person attending a hearing under this section such expenses as they think fit.

(28) For section 123 (education authorities) substitute—

(123) The education authority for the purposes of the Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.

(29) For section 126 (disqualification for membership of education committees etc.) substitute—

(126) Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of— (a) a committee such as is mentioned in subsection (1) of section 124 of this Act; (b) a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or (c) any sub-committee of such a committee or joint committee.

(30) In section 128 (educational endowments), in Table B, in subsection (2), for the words “Chairman of council” substitute “ Convener of council ”.

(31) In section 130 (housing)—

(a) in subsection (1), for “an islands or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b) for subsection (2) substitute—

(2) Before any local authority exercise outwith their area any power under Part I of the Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.

(32) In section 133 (roads), subsection (1) shall cease to have effect.

(33) Section 134(1) (building) shall cease to have effect.

(34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(36) Section 137(1) (flood prevention) shall cease to have effect.

(37) Section 138(1) (coast protection) shall cease to have effect.

(38) Section 140 (allotments) shall cease to have effect.

(39) Section 142 (public health) shall cease to have effect.

(40) Sections 143 (transfer of functions under 1968 Act) and 148(1) (transfer of functions of regional water boards to water authorities) shall cease to have effect.

(41) In section 145 (Ordnance Survey)—

(a) in subsection (2)—

(i) for “regional, islands or district council” substitute “ local authority ”; and

(ii) for “council”, where it secondly occurs, substitute “ authority ”;

(b) in subsection (4), for “regional, islands or district council, as the case may be”, in both places where it occurs, substitute “ local authority ”; and

(42) In section 146(5) (police), for the words “regions” and “region”, in each place where either occurs, substitute respectively “ areas ” and “ area ”.

(43) For section 150 (public transport) substitute—

(150) Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.

(44) In section 153 (ferries)—

(a) in subsection (1)—

(i) for “local authorities” substitute “ regional or islands councils ”; and

(ii) the words “regional or islands” shall cease to have effect;

(b) in subsection (2)—

(i) the words “regional or islands” shall cease to have effect; and

(ii) the word “such”, wherever it occurs, shall cease to have effect;

(i) the words “regional or islands” shall cease to have effect; and

(ii) the word “such”, where it first occurs, shall cease to have effect; and

(d) in subsection (5), after “this section” insert

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

(45) In section 154 (piers and harbours)—

(a) in subsection (1)—

(i) the words “Subject to subsection (3A) below” shall cease to have effect;

(ii) for “local authorities” substitute “ regional, islands or district councils ”;

(iii) for “those authorities” substitute “ regional, islands or district councils ”; and

(iv) the words “regional or islands” shall cease to have effect;

(b) in subsection (2), the word “regional”, in both places where it occurs, shall cease to have effect;

(i) “regional or islands”; and

(ii) “such”,

shall cease to have effect;

(d) subsections (3A) and (3B) shall cease to have effect; and

(e) in subsection (7), after “this section” insert

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

(46) Section 155(1) (district council for purposes of Factories Act 1961) shall cease to have effect.

(47) Section 156(1) (local authority responsible for enforcing provisions of Offices, Shops and Railway Premises Act 1963) shall cease to have effect.

(48) Section 157 (local authority responsible for enforcing provisions of Shops Act 1950) shall cease to have effect.

(49) Section 159 (local authority not subject to requirements of Employers’ Liability (Compulsory Insurance) Act 1969) shall cease to have effect.

(50) In section 163 (public libraries, museums and art galleries)—

(a) subsection (1);

(b) in subsection (2), the words “as aforesaid”; and

shall cease to have effect.

(51) Section 168 (census) shall cease to have effect.

(52) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(53) In section 170(1) (war memorials), for “islands or district council” substitute “ local authority within the meaning of this Act ”.

(54) In section 170A(5) (application of certain provisions of the 1980 Act to pipes and works for conveying heat etc.)—

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

(b) for paragraphs (c) and (d) substitute—

and (c) for any reference to a water authority there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.

(55) In section 170B(2) (provisions supplementary to section 170A)—

(a) the words “or water development boards” where they first occur shall cease to have effect; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(56) Section 171(1) and (2) (local authority for the purposes of certain enactments) shall cease to have effect.

(57) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(58) For section 188 (miscellaneous licensing, registration and related matters) substitute—

(188) Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.

(59) In section 190 (service of legal proceedings), for the word “chairman”, in both places where it occurs, substitute “ convener ”.

(60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(61) In section 201(1) (byelaws for good rule and government), for the words from “the region” to “be” substitute “ their area ”.

(62) In section 202 (procedure, etc., for byelaws), subsection (13) shall cease to have effect.

(63) In section 206 (admission of honorary freemen)—

(a) in subsection (1)—

(i) for “An islands or district council” substitute “ A local authority ”;

(ii) for “council” substitute “ authority ”; and

(iii) for “the islands area or district”, in both places where it occurs, substitute “ their area ”; and

(b) in subsection (2), for “islands or district council” substitute “ local authority ”.

(64) Section 226 (transitional provision for joint boards existing before 16th May 1975) shall cease to have effect.

(65) Section 230 (transitional establishment of committees of local authorities) shall cease to have effect.

(66) In section 235(1) (interpretation)—

(a) the definitions of “area”, “college council”, “school council” and “education committee” shall cease to have effect;

(b) for the definition of “electoral area” substitute—

“electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;

;

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

; and

(d) in the definition of “rating authority”, for the words from “has” to “Act” substitute “ shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994. ”.

(67) For Schedule 5 (initial review of local government areas and electoral arrangements) substitute—

SCHEDULE 5 (1) As soon as practicable after 1st April 1996 the Boundary Commission shall— (a) review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and (b) formulate proposals for those arrangements. (2) The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required— (a) the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and (b) the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).

(68) For heads (a) to (c) of paragraph 1(2) of Schedule 6 (electoral arrangements) substitute “ , the number of local government electors shall be, as nearly as may be, the same in every electoral ward of that local government area. ”.

(69) In Schedule 7 (meetings and proceedings of local authorities)—

(a) in paragraphs 1(4), 3(1), 3(2) and 3(3), for the word “chairman” substitute “ convener ”;

(b) in paragraphs 3(2) and (3), for the words “vice-chairman” substitute “ depute convener ”; and

(c) in paragraph 5(1), after “such orders” insert “ or to the procedure for early removal from office of the convener or depute convener ”.

(70) In paragraph 4(1) of Schedule 8 (provision as to Commission for local authority accounts), after “Commission” where it first occurs insert “ , including any hearing under section 103 of this Act, ”.

(71) Schedule 13 (amendments of the Rent (Scotland) Act 1971) shall cease to have effect.

(72) Schedule 14 (amendments of enactments relating to roads) shall cease to have effect.

(73) In Schedule 17, in paragraph 1(1)(a) (general construction of certain references), the words “or to a constituent board” and “or to a constituent water authority” shall cease to have effect.

(74) Schedule 22 (planning functions) shall cease to have effect.

The Health and Safety at Work etc. Act 1974 (c. 37)

93

(1) The Health and Safety at Work etc. Act 1974 shall be amended in accordance with this paragraph.

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

(3) In section 53(1) (interpretation), in the definition of “local authority”, in paragraph (b), for the words from “regional” to “county council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Consumer Credit Act 1974 (c. 39)

94

In section 189(1) of the Consumer Credit Act 1974 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Control of Pollution Act 1974 (c. 40)

95

(1) The Control of Pollution Act 1974 shall be amended in accordance with this paragraph.

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) In section 62(2)(a) (certain exemptions as respects offences relating to noise), after “water authority” insert “ (“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994) ”.

(7) In section 73(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The District Courts (Scotland) Act 1975 (c. 20)

96

(1) The District Courts (Scotland) Act 1975 shall be amended in accordance with this paragraph.

(2) In section 1A(4) (further provisions as to establishment and disestablishment of district courts), for “district or islands council” substitute “ local authority ”.

(3) Section 7(3) (officer of regional council may act as clerk of district court) shall cease to have effect.

(4) In subsection (1) of section 12 (disqualification in certain cases of justices who are members of local authorities), for “Local Government (Scotland) Act 1973” substitute “ Local Government etc. (Scotland) Act 1994 ”.

(5) In section 26 (interpretation), for the definition of—

(a) “commission area” substitute—

“commission area” means the area of a local authority;

; and

(b) “local authority” substitute—

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

The Criminal Procedure (Scotland) Act 1975 (c. 21)

97

(1) The Criminal Procedure (Scotland) Act 1975 shall be amended in accordance with this paragraph.

(2) In—

(a) sections 168 and 364 (power of court, in respect of certain offences, to refer child to reporter), for the words “reporter of the local authority in whose area the child resides” wherever they occur; and

(b) sections 173(1)(a) and (b) and (3) and 372(1)(a) and (b) and (3) and 373 (reference and remit of children’s and young persons’ cases by courts to children’s hearings), for the words “reporter of the local authority”, wherever they occur,

substitute the words “ Principal Reporter ”.

(3) In each of sections 186(1)(b) and (c) and 387(1)(b) and (c) (persons who may give information on oath as respects failure to comply with probation order), for “director of social work”, wherever it occurs, substitute “ chief social work officer ”.

(4) In section 296(3) (action to be taken where child detained by police) for the words from “reporter” to “detained” where the latter word second occurs substitute the words “ Principal Reporter ”.

(5) In section 413(3) (detention of children), in the definition of “the appropriate local authority”, in each of paragraphs (a) and (b), for “regional or islands council” substitute “ local authority ”.

(6) In section 462 (interpretation) the definition of “reporter” shall cease to have effect.

(7) In Schedule 5 (discharge and amendment of probation orders), in paragraph 2(4)(b)—

(a) for “director of social work” substitute “ chief social work officer ”; and

(b) for “director”, where it secondly and thirdly occurs, substitute “ chief social work officer ”.

(8) For the word “reporter”, wherever occurring, substitute the words “ Principal Reporter ”.

(9) Sub-paragraph (8) above does not affect any of the particular amendments made by this paragraph.

The Reservoirs Act 1975 (c. 23)

98

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

The House of Commons Disqualification Act 1975 (c. 24)

99

In Part IV of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—

(a) in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for a region in Scotland—

(i) for the words “a region” substitute “ an area ”; and

(ii) for the words from “such part” to “Majesty” substitute “ the area ”;

(b) the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for an islands area in Scotland shall cease to have effect; and

(c) in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow—

(i) the words “the district of” shall cease to have effect; and

(ii) for “district” substitute “ city ”.

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

100

(1) The 1975 Act shall be amended in accordance with this paragraph.

(2) In section 2(1)(e) (alterations to valuation roll which is in force)—

(a) after “consequence of” insert

— (i)

; and

(b) after “1970” insert

or (ii) the making of regulations under section 42 of the Lands Valuation (Scotland) Act 1854;

(3) In section 7A (provisions as to setting of non-domestic rates)—

(a) for subsection (2) substitute—

(2) Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area— (a) in accordance with section 7 of this Act; or (b) where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.

; and

(b) subsection (3) shall cease to have effect.

(4) For subsection (2) of section 7B (provisions as to setting of non-domestic rates) substitute—

(2) Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area— (a) in accordance with section 7 of this Act; or (b) where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.

(5) In subsection (4) of section 8 (payment of rates by instalments), for from “the ground” to “1947” substitute “ account of hardship under section 25A of the Local Government (Scotland) Act 1966 ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8) In section 37(1) (interpretation), in the definition of “material change of circumstances”, for the word “for” substitute “ the members of which are drawn from the valuation appeal panel serving ”.

(9) In Schedule 3 (borrowing and lending by local authorities)—

(a) for paragraph 8(3) substitute—

(3) Sub-paragraphs (1) and (2) above shall not apply in the case of money borrowed for the purpose of the common good, nor shall the security created by those sub-paragraphs include the common good or the revenues thereof.

;

(b) in paragraphs 12(1), 13(1), 13(2) and 14, for “16th May 1975”, in each place where it occurs, substitute “ 1st April 1996 ”;

(1A) Sub-paragraph (1) above, so far as it relates to the establishment of a loans fund, does not apply to the councils of Orkney Islands, Shetland Islands and Western Isles, whose loans funds will continue in existence.

;

(d) for paragraph 12(2) substitute—

(2) A loans fund shall not apply to money borrowed for the common good.

;

(e) in paragraph 13(1), for the words “section 128 of the Act of 1973 or which is referred to in section 222(2) or 223 of that Act” substitute “ section 17 of the Local Government etc. (Scotland) Act 1994 or which is referred to in section 15(5) or 16 of that Act ”;

(f) in paragraph 22—

(i) in sub-paragraph (1), after head (b) insert—

(ba) an insurance fund, to be used for the following purposes, namely— (i) where the authority could have insured against a risk but have not done so, defraying any loss or damage suffered, or expenses incurred, by the authority as a consequence of that risk; (ii) paying premiums on a policy of insurance against a risk.

; and

(ii) in sub-paragraph (2), after “repair fund” insert “ or the insurance fund ”.

(g) in paragraph 24(1), after “repair fund” insert “ , or an insurance fund, ”;

(h) in paragraph 28—

(i) in sub-paragraph (1), after “money,” insert “ the Strathclyde Passenger Transport Authority ”; and

(ii) in sub-paragraph (2), for the words from “Schedule to” to the end insert—

(a) the aforesaid boards, either generally or to any particular board or class of board; and (b) the Strathclyde Passenger Transport Authority

;

(i) for paragraph 30 substitute—

(30) Nothing in this Schedule shall affect the power of a council having a common good to borrow on the security of the common good or any loan secured thereon.

; and

(j) for paragraph 31 substitute—

(31) In this Schedule, unless the context otherwise requires— - “statutory borrowing power” means any power to borrow money conferred on a local authority by or under any enactment, but does not include the power of a council to borrow for the purposes of the common good; and - “trustee securities” means any security in which trustees are for the time being authorised by law to invest trust money.

The Guard Dogs Act 1975 (c. 50)

101

In section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Safety of Sports Grounds Act 1975 (c. 52)

102

In section 17(1) of the Safety of Sports Grounds Act 1975 (interpretation), in the definition of “local authority”, in paragraph (d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Children Act 1975 (c. 72)

103

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

The Lotteries and Amusements Act 1976 (c. 32)

104

(1) The Lotteries and Amusements Act 1976 shall be amended in accordance with this paragraph.

(2) In section 23(1) (interpretation), in the definition of “local authority”, in paragraph (c), for “regional council, an islands council and a district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In Schedule 1 (registration of societies), in paragraph 1(2)(c), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In Schedule 3 (permits for commercial provision of amusements with prizes), in paragraph 1(2), in the definition of “local authority”, in paragraph (c), for “an islands council and a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Dangerous Wild Animals Act 1976 (c. 38)

105

In section 7(4) of the Dangerous Wild Animals Act 1976 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

106

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

The Supplementary Benefits Act 1976 (c. 71)

107

(1) Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units) shall be amended in accordance with this paragraph.

(2) In paragraph 2(2) (Secretary of State may require councils to exercise functions of providing and maintaining resettlement units)—

(a) the words—

(i) “and of”;

(ii) “, regions, islands areas”; and

(iii) “and”, where it thirdly occurs,

shall cease to have effect; and

(b) after “of London” insert “ and any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In paragraph 4(2) (local authorities to whom grants may be paid for certain purposes)—

(a) the words—

(i) “, a region, an islands area”; and

(ii) “or”, where it secondly occurs,

shall cease to have effect; and

(b) after “of London” insert “ or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Race Relations Act 1976 (c. 74.)

108

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

The Refuse Disposal (Amenity) Act 1978 (c. 3)

109

In section 11(1) of the Refuse Disposal (Amenity) Act 1978 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The European Parliamentary Elections Act 1978 (c. 10)

110

(1) The European Parliamentary Elections Act 1978 shall be amended in accordance with this paragraph.

(2) In Schedule 1 (simple majority system (for Great Britain) with S T V (for Northern Ireland)), in paragraph 4—

(a) in sub-paragraph (2), for the words “region or islands”, in each place where they occur, substitute “ local government ”; and

(b) in sub-paragraph (5)(b), for “a region, islands area or district” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In Schedule 2 (European Parliamentary constituencies in Great Britain), in paragraph 5A(4), in the definition of “local authority”, in paragraph (b), for “the council of a region, islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Adoption (Scotland) Act 1978 (c. 28)

111

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

The National Health Service (Scotland) Act 1978 (c. 29)

112

(1) The National Health Service (Scotland) Act 1978 shall be amended in accordance with this paragraph.

(2) In section 16A (power to make payments towards expenditure on community services), in subsection (1)—

(a) in paragraph (a), for the words from “relating” to the end substitute “ under any of the enactments mentioned in section 5(1B) of the Social Work (Scotland) Act 1968 (power of Secretary of State to issue directions to local authorities in respect of their functions under certain enactments), other than section 3 of the Disabled Persons (Employment) Act 1958; ”;

(b) in paragraph (b), the words “of a regional or islands council’s” shall cease to have effect;

(d) in paragraph (d), the words “of a regional or islands council’s” shall cease to have effect.

(3) In section 108(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Community Service by Offenders (Scotland) Act 1978 (c. 49)

113

(1) The Community Service by Offenders (Scotland) Act 1978 shall be amended in accordance with this paragraph.

(2) In section 2(3)(b) (persons to whom copy of community service order to be sent), for “director of social work” substitute “ chief social work officer ”.

(3) In section 12(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Inner Urban Areas Act 1978 (c. 50)

114

(1) The Inner Urban Areas Act 1978 shall be amended in accordance with this paragraph.

(2) In section 1(2) (meaning of “designated district authority”), the words “or region” shall cease to have effect.

(3) In section 2(1) (loans for acquisition of land etc.), the words “or region”, in both places where they occur, shall cease to have effect.

(4) In section 7(1)(a) (power to enter into arrangements), the words “or region” shall cease to have effect.

The Bail etc. (Scotland) Act 1980 (c. 4)

115

In section 10(3) of the Bail etc. (Scotland) Act 1980 (sittings of district courts), for “district or islands council” substitute “ local authority ”.

The Reserve Forces Act 1980 (c. 9)

116

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

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

117

In section 22 of the Slaughter of Animals (Scotland) Act 1980 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Education (Scotland) Act 1980 (c. 44)

118

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

(2) In section 4 (duty of education authorities to provide psychological service), the words “regional or island authority” shall cease to have effect.

(3) In section 6 (social activities etc.)—

(a) in subsection (2)—

(i) the letter “(a)”; and

(ii) paragraph (b),

shall cease to have effect; and

(b) subsection (3) shall cease to have effect.

(4) Section 78 (appointment of director of education) shall cease to have effect.

(5) In section 86 (admissibility of documents)—

(a) in paragraph (a), the words from “or” to “authority”; and

(b) in paragraph (e), the words “or by the director of education”,

shall cease to have effect.

(6) In subsection (3A) of section 112 (reorganisation schemes), for “Schedule 10 to” substitute “ Section 56 of ”.

(7) In section 122 (interpretation of Part VI), in the definition of “governing instrument”, after the words “provisional order”, where they first appear, insert “ or made under section 17 of the Local Government etc. (Scotland) Act 1994, ”.

(8) In subsection (3) of section 129 (establishment of Board to conduct examinations, etc.), for “directors of education” substitute “ persons employed by education authorities in an administrative capacity as respects the discharge of their education functions ”.

(9) In subsection (1) of section 135 (interpretation), in the definition of “education authority”, for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(10) In Schedule A1 (appeal committees)—

(a) in paragraph 3—

(i) in sub-paragraph (a), for the words “the education committee of the authority” there shall be substituted the words “ any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority ”;

(ii) in sub-paragraph (b), for the words “the education committee of the authority” there shall be substituted the words “ any such committee ”; and

(iii) for the words from “as” to “adviser”, where it thirdly occurs, there shall be substituted the words “ in an administrative or advisory capacity as respects the discharge of their education functions. ”;

(b) in paragraph 4, for the words “the education committee of the authority” there shall be substituted the words “ any committee such as is mentioned in paragraph 3 above ”; and

(c) in paragraph 5, for the words “the education committee of the authority” there shall be substituted the words “ any committee such as is mentioned in paragraph 3 above ”.

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

119

(1) The 1980 Act shall be amended in accordance with this paragraph.

(2) Sections 3 to 5 (water authorities and their areas, alterations of limits of supply and maps of such limits) shall cease to have effect.

(3) In section 6(3) (questions arising as respects water authority’s duty to provide supply of wholesome water)—

(a) for “10 or more local government electors in the limits of supply of the water authority” substitute “ any person aggrieved ”; and

(b) for “consulting the authority” substitute “ consultation with that person and with the water authority concerned ”.

(4) In section 9A (prohibition on any charge for water taken to extinguish fires etc.)—

(a) for the words from the beginning to “49” substitute “ Notwithstanding anything in section 9 ”;

(b) the existing words as so amended shall be subsection (1) of the section; and

(2) Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.

(5) In section 10 (compensation for damage resulting from exercise of powers)—

(a) in subsection (1)—

(i) for “district council” substitute “ local authority ”; and

(ii) the words “or water development board” shall cease to have effect;

(b) in subsection (1A)—

(i) the words “onto agricultural land or forestry land” and “or as the case may be water development board’s” shall cease to have effect; and

(ii) after “communication” insert “ or supply ”;

(d) in subsection (5)(e), for “26 of the said Act of 1950” substitute “ 141 of the said Act of 1991 ”; and

(e) subsection (6) shall cease to have effect.

(6) In section 11 (power of Secretary of State on default of water authority or water development board)—

(a) in subsection (1)—

(i) in paragraph (a), the words “or a water development board”; and

(ii) in paragraph (b), the words “or board”;

(b) in subsection (2), the words “or board”;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall cease to have effect.

(7) In section 13 (supply of water in bulk)—

(a) in subsection (1), the words “or water development board”, in both places where they occur, “or board”, in both places where they occur, and “or area” shall cease to have effect;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the words “or water development board” and “or area, as the case may be,” shall cease to have effect; and

(ii) for “streets” substitute “ roads ”; and

(d) in subsection (6), the words “or water development board” shall cease to have effect.

(8) Section 15 (power to acquire land), shall cease to have effect.

(9) In section 16 (power to survey land and search for water)—

(a) in subsection (1) the words “or water development board”; and

(b) in each of subsections (2), (3) and (8), the words “or board” wherever they occur,

shall cease to have effect.

(10) In section 17 (acquisition of water rights)—

(a) in subsection (1), the words “or water development board”;

(b) in subsection (2), the words “or water development board” and “or board”;

(d) in subsection (4), the words “or water development board”,

shall cease to have effect.

(11) In section 18(1) (compulsory acquisition of land for water works)—

(a) the words “or board”, in both places where they occur, shall cease to have effect; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Section 20 (power to hold and dispose of land), shall cease to have effect.

(13) In section 22 (power to break open roads), the words “or water development board” shall cease to have effect.

(14) In section 23 (power to lay mains)—

(a) in subsection (1), the words “or water development board” shall cease to have effect;

(b) in subsection (2), the words “or board” shall cease to have effect;

(i) the words “or water development board” shall cease to have effect; and

(ii) for “street” substitute “ road ”; and

(d) in subsection (4), for “(1)” substitute “ (1)(a) ”.

(15) In section 25 (power to provide public wells)—

(a) in subsection (1)—

(i) for “district council” substitute “ local authority ”; and

(ii) for “district”, where it secondly occurs, substitute “ area ”; and

(b) in subsection (2)—

(i) for “An islands or district council” substitute “ A local authority ”;

(ii) the words “or district”, where they secondly occur, shall cease to have effect;

(iii) after “but” insert “ where the Secretary of State is the roads authority ”;

(iv) for “the district council” substitute “ the local authority ”; and

(v) for “the roads authority’s” substitute “ his ”.

(16) In section 26 (power to close, or restrict use of, wells)—

(a) for “district council” substitute “ local authority ”; and

(b) in paragraph (a), for “district” substitute “ area ”.

(17) In section 27 (power to close, or restrict use of water from, polluted source)—

(a) in subsection (1)—

(i) for “an islands or district council” substitute “ a local authority ”;

(ii) the words “or district”, where they secondly occur, shall cease to have effect; and

(iii) for “the council” substitute “ they ”; and

(b) in subsection (2), for “council” substitute “ local authority ”; and

(i) for “council”, where that word first occurs, substitute “ local authority ”; and

(ii) for “the council”, where those words secondly and thirdly occur, in each case substitute “ them ”.

(18) In section 28 (water works code)—

(a) in subsection (1), the words “or a water development board”; and

(b) in subsection (2), the words “or water development board”,

shall cease to have effect.

(19) In section 29 (applications of enactments by order)—

(a) in subsection (2), the words “or water development board”; and

(b) in subsection (3), the words “or board”,

shall cease to have effect.

(20) Section 30 (exemption from stamp duty) shall cease to have effect.

(21) In section 32 (power of water undertakers to supply water to water authorities)—

(a) in subsection (1)(b), the words “subject to subsection (2),”; and

(b) subsection (2),

shall cease to have effect.

(22) In section 33 (temporary discharge of water into watercourses)—

(a) in subsection (1), the words “or water development board”, “or their area, as the case may be” and “or board”;

(b) in subsection (3), the words “or water development board” in both places where they occur; and

shall cease to have effect.

(23) Section 35(4) (charge for water fittings) shall cease to have effect.

(24) In section 38(1) (entry to premises), the words “or water development board” and, in each of paragraphs (a), (c) and (d), “or board”, shall cease to have effect.

(25) Sections 40 (non-domestic water rate) and 41 (levy of non-domestic water rate) shall cease to have effect.

(26) Sections 42 (levy of non-domestic water rate on water works etc.), 43 (levy of non-domestic water rate on shootings and fishings) and 46 (transport hereditaments) shall cease to have effect.

(27) In section 47 (provision as regards certain pre-existing obligations etc.)—

(a) for subsection (1) substitute—

(1) Subject to section 41A of this Act, no charge shall be fixed, demanded or recovered for a supply of water to premises to which a water authority were, immediately before 16th May 1949, by virtue of any enactment or agreement, under an obligation to provide such a supply free of charge.

;

(b) in subsection (2)—

(i) for “leviable in any area specified in the local enactment” substitute “ , for a period specified in that enactment, leviable in any area so specified ”;

(ii) for “specified therein” substitute “ so specified ”; and

(iii) for the words from “the non-domestic water rate” to the end of the proviso substitute—

any charge payable in the area in question for a supply of water in any period commencing after 31st March 1996 (the “transfer date” for the purposes of Part II of the Local Government etc. (Scotland) Act 1994 and of this subsection) shall, during the period so specified, bear the same proportion to the charge which (but for this subsection) would be payable for that supply under a charges scheme, as the non-domestic water rate payable there as at the transfer date by virtue of the local enactment and of this subsection (as it had effect on the transfer date) bore to the non-domestic water rate which would otherwise have been payable.

;

(i) for the words from the beginning to “such a supply” substitute— “ Where, by virtue of any enactment or agreement in force immediately before 16th May 1949, a water authority were under an obligation to provide a supply of water to any premises ”; and

(ii) the word “and”, where it first occurs, shall cease to have effect; and

(d) for subsection (7) substitute—

(7) Nothing in subsection (1) shall be construed as continuing any exemption, and nothing in subsection (3) as continuing any advantage, where under the enactment or agreement in question the obligation which gives rise to the exemption or advantage ceases to exist.

(28) Sections 48 (levying of, and exemption from, rates) and 49 (payment for supplies by meter) shall cease to have effect.

(29) In section 54 (register of meter to be evidence)—

(a) subsection (2); and

(b) in subsection (3)(b), the words from “and in the case” to the end,

shall cease to have effect.

(30) In section 55 (terms and conditions on which water supplied)—

(a) in subsection (1), after “conditions” insert “ , other than as respects charges, ”; and

(b) in subsection (4), after “at the” insert “ principal ”.

(31) In section 58 (termination of right to supply of water on special terms)—

(a) in subsection (3), for the words from “under section 49” to “may be,” substitute “ for a supply of water ”;

(b) in subsection (4), for “district council” substitute “ local authority ”;

(d) subsection (8) shall cease to have effect.

(32) Sections 60 (requisitions) and 61 (calculation of amount to be requisitioned) shall cease to have effect.

(33) In section 63 (provision of water supply to new buildings and houses)—

(a) after subsection (1) insert—

(1A) In determining adequacy for the purposes of subsection (1), the local authority shall consult, and have regard to the views of, the water authority within whose limits of supply the building is being erected.

;

(b) in subsection (5), after “section,” insert “ except section (1A), ”; and

(34) Sections 64 to 67 (provisions as respects duty of house owners to provide supply of wholesome water for domestic purposes, execution of works on failure to do so, recovery of expenses of such execution and limitation of liability for such expenses) shall cease to have effect.

(35) In section 68 (agreements as to drainage)—

(a) in subsection (1)—

(i) the words “or water development board” and (both in the subsection and its proviso) “or board” shall cease to have effect; and

(ii) in paragraph (b), for “regional, islands or district council” substitute “ local authority ”; and

(b) subsection (3) shall cease to have effect.

(36) In section 69(1) (power to restrict use of hosepipes)—

(a) for “within the meaning of section 117(1) of the Road Traffic Act 1960” substitute “ as defined in section 1 of the Public Passenger Vehicles Act 1981 ”; and

(b) for “within the meaning of section 196 of the Road Traffic Act 1972” substitute “ as defined in section 192(1) of the Road Traffic Act 1988 ”.

(37) In section 70 (byelaws for preventing misuse of water)—

(a) in subsection (1), the words “or water development board”;

(b) in subsection (2), the words “or board”; and

(d) in the proviso to subsection (4), the words “, or as the case may be the Board,”,

shall cease to have effect.

(38) In section 71 (byelaws for preventing pollution of water)—

(a) in subsection (1), the words “or water development board” shall cease to have effect;

(b) in subsection (2), for “authority or board” substitute “ water authority ”;

(i) for “authority or board” substitute “ water authority ”; and

(ii) for “regional, islands or district council”, in both places where those words occur, substitute “ local authority ”;

(d) in subsection (4), for “authority or board” and “regional, islands or district council” in each case substitute “ local authority ”;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in subsection (6), the words “or boards” shall cease to have effect.

(39) In section 72(2) (duty to enforce byelaws), the words “and water development board” shall cease to have effect.

(40) In section 73 (power of Secretary of State to require the making of byelaws)—

(a) in subsection (1), the words “or water development board” and “or board”; and

(b) in each of subsections (2) and (3), the words “or board” wherever they occur,

shall cease to have effect.

(41) In section 76 (acquisition of land for protection of water)—

(a) in subsection (1)—

(i) after “Act” insert “ , or of the Local Government etc. (Scotland) Act 1994, ”

(ii) the words “or water development board” and “or board” shall cease to have effect; and

(iii) after “undertaking” insert “ or functions ”;

(b) in subsection (2), the words “or water development board” and (wherever they occur, both in the subsection and its proviso) “or board” shall cease to have effect;

(c) in subsection (3), the words “or water development board”, “or their area” and “or board” shall cease to have effect; and

(d) in the proviso to subsection (3), the words “or board” and “or the area of that board”, shall cease to have effect.

(42) In section 76F(5) (supplementary regulations in relation to water quality)—

(a) at the beginning insert “ Without prejudice to subsection (7) below, ”; and

(b) after “supplementing the” insert “ foregoing ”.

(43) In section 76H (effect, confirmation and variation of notice under section 76G)—

(a) in subsection (5), for the words from “may” to the end substitute—

— (a) may, except where the case is one to which paragraph (b) below applies, take that step themselves in accordance with any applicable provision having effect by virtue of section 76I below; and (b) may, in a case to which this paragraph applies, take that step themselves and for that purpose exercise the powers which a water authority may, under this Act, exercise for the purpose of their water undertaking.

;

(b) after subsection (5) insert—

(5A) Paragraph (b) of subsection (5) above applies to any case where the local authority are satisfied that the failure arose because the person was unable on reasonable terms to acquire any necessary rights— (a) to take water from a suitable source; (b) to lay pipes through any land not belonging to him; or (c) to do any other work.

; and

(44) In section 76I (incidental powers of local authorities)—

(a) in subsection (1), for “subsection (5)” substitute “ subsections (5) and (6) ”;

(b) in subsection (2), at the beginning insert “Subject to subsection (6) below,”; and

(6) The foregoing provisions of this section do not apply as respects, but are without prejudice to the exercise of, a power conferred by section 76H(5)(b) above.

(45) In section 76J(1) (regulations as to standards of wholesomeness), for “Part” substitute “ Act ”.

(46) In section 76L(1) (interpretation of Part VIA), the definitions of “local authority” and “wholesome” shall cease to have effect.

(47) Sections 80 to 92 (provisions as regards water development boards) shall cease to have effect.

(48) In section 100 (power to make orders), for subsection (2) substitute—

(2) Before making, on his own initiative, an order under section 107, the Secretary of State shall consult all water authorities whose limits of supply would be affected by the order.

(49) In section 103 (requirement for notices to be in writing)—

(a) for “regional, island or district council” substitute “ local authority ”;

(b) the words “or water development board”, in both places where they occur, shall cease to have effect; and

(50) In section 104(1) (appeal against decision of sheriff on any application under the Act), after “Act” insert “ (other than an application under section 23(1A)) ”.

(51) In section 106(4) (recording of awards in arbitration etc.), for “the said Acts” substitute “ this Act ”.

(52) In section 107 (repeal, amendment and adaptation of local enactments)—

(a) in subsection (1)(b), the words “or a water development board” and “or board”; and

(b) in subsection (5), the words “or a water development board”,

shall cease to have effect.

(53) In section 109 (interpretation)—

(a) in subsection (1)—

(i) the definitions of “the 1992 Act”, “apportionment scheme”, “apportionment note”, “Central Board”, “constituent water authority”, “contributing authority”, “council water charge”, “net annual value” and “part residential subjects” shall cease to have effect;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) in the definition of “owner”, the words “, save in sections 64 to 67,” shall cease to have effect;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) at the end add—

“wholesome” and cognate expressions shall be construed subject to the provisions of any regulations made under section 76J

; and

(b) in subsection (3), the words “and water development board” shall cease to have effect.

(54) In Schedule 1 (procedure for making orders and making and confirming bylaws)—

(a) in paragraph 2—

(i) in sub-paragraph (i), for “regional council, district council and water development board” substitute “ and local authority ”; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 3, the words “and the area of the water development board” shall cease to have effect;

(i) for “regional council, district council and water development board” substitute “ and local authority ”; and

(ii) the words “where the river purification authority are not the same authority as the water authority” shall cease to have effect;

(d) in paragraph 12, the words “and the area of the board” shall cease to have effect;

(e) in paragraph 13, the words “not exceeding 10 pence” shall cease to have effect;

(f) in paragraph 14, the words “or board” shall cease to have effect;

(g) in paragraph 17, the words “or board” and “or boards” shall cease to have effect;

(h) in paragraph 19—

(i) the words “or water development board”, in both places where they occur and “or area” shall cease to have effect;

(ii) for “regional council, district council and water development board” substitute “ and local authority ”; and

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) in paragraph 20, the words “or water development board” shall cease to have effect;

(j) in paragraph 23, the words “or board” and “or boards” shall cease to have effect;

(k) in each of paragraphs 24, 26 and 27, the words “or water development board” shall cease to have effect;

(l) in paragraph 25(b), for “council of every region or district” substitute “ local authority for any area ”;

(m) in paragraph 30, the words “or water development board” and “or board” shall cease to have effect; and

(n) in paragraph 31—

(i) for “the proper” substitute “ a duly authorised ”; and

(ii) the words “or board”, in both places where they occur, shall cease to have effect.

(55) In Schedule 2 (orders authorising compulsory acquisition of land), in each of paragraphs 4 and 6, the words “or water development board” wherever they occur shall cease to have effect.

(56) In Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes)—

(a) in paragraph 1, the words “and water development board”, “within their limits of supply or area” and from “and outside” to “removing mains” where they secondly occur, shall cease to have effect;

(b) in paragraph 2(2), the words “or board”, in both places where they occur, shall cease to have effect;

(c) in paragraph 4(1), the words “within their limits of supply” and “within the said limits” shall cease to have effect;

(d) in paragraph 5—

(i) the words “within the limits of supply” shall cease to have effect; and

(ii) for the words “the authority”, where they first occur, substitute “ any water authority ”; and

(e) paragraph 8 shall cease to have effect.

(57) In Schedule 4 (provisions to be incorporated in orders relating to water undertakings)—

(a) in section 24(2)—

(i) for “regional islands or district council or roads” substitute “ local ”; and

(ii) at the end add “or, in relation to roads for which the Secretary of State is roads authority, between the Secretary of State and the undertakers”;

(b) in section 40, for “24” substitute “ 48 ”; and

(58) Schedules 7 (procedure for making certain orders) and 8 (further provisions as regards water development boards) shall cease to have effect.

The Local Government, Planning and Land Act 1980 (c. 65)

120

(1) The Local Government, Planning and Land Act 1980 shall be amended in accordance with this paragraph.

(2) In section 2(1) (duty of authorities to publish information)—

(a) in paragraph (g), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(b) in paragraph (h)—

(i) for “committee” substitute “ board ”; and

(ii) after “that Act” insert “ or section 147 of the Local Government (Scotland) Act 1973 ”; and

(i) for “committee” substitute “ board ”; and

(ii) for “or 21A” substitute “ , 20 or 21B ”.

(3) In section 8(1) (meaning of “functional work”), in paragraph (b)(iv), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In section 20(1) (interpretation of Part III), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5) In section 120(3) (compulsory acquisition: exclusion of special parliamentary procedure), in the definition of “local authority”, in paragraph (c), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6) In section 148 (planning control)—

(a) in subsection (1), for the words from “regional” to “areas” substitute “ planning authority within whose area ”; and

(b) in subsection (2), the words “exercising district planning functions” shall cease to have effect.

(7) In section 165(9)(b) (power to transfer undertaking), for “a regional council and a district council” substitute “ any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 other than the councils for Orkney Islands, Shetland Islands and Western Isles ”.

The Public Passenger Vehicles Act 1981 (c. 14)

121

(1) The Public Passenger Vehicles Act 1981 shall be amended in accordance with this paragraph.

(2) In section 5(3) (publication of information by traffic commissioners), in paragraph (b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 14A(4)(b) (objections to application for PSV operator’s licence), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In section 82(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5) In Schedule 1 (public service vehicles: conditions affecting status or classification), in paragraph 2(2)(b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Animal Health Act 1981 (c. 22)

122

In section 50(3) of the Animal Health Act 1981 (local authorities for purposes of Act), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Finance Act 1981 (c. 35)

123

In section 107(3)(b) of the Finance Act 1981 (sale of houses at discount by local authorities etc.), for “regional, district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Zoo Licensing Act 1981 (c. 37)

124

In section 1(3)(b) of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), for “islands councils and district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Wildlife and Countryside Act 1981 (c. 69)

125

(1) The Wildlife and Countryside Act 1981 shall be amended in accordance with this paragraph.

(2) In section 27(1) (interpretation of Part I), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

The Civil Aviation Act 1982 (c. 16)

126

(1) The Civil Aviation Act 1982 shall be amended in accordance with this paragraph.

(2) In section 30 (provision of aerodromes and facilities at aerodromes by local authorities)—

(a) in subsection (1)—

(i) the words “, other than a district council in Scotland,”; and

(ii) the words from “and a” to “above”,

shall cease to have effect; and

(b) in subsection (2), the words “, other than a district council in Scotland,” shall cease to have effect.

(3) In section 36(4)(b) (meaning of “relevant authority” for purposes of section), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In section 88(10) (application and interpretation of section), the words “, other than a district council in Scotland,” shall cease to have effect.

(5) In section 105(1) (general interpretation), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Stock Transfer Act 1982 (c. 41)

127

In Schedule 1 to the Stock Transfer Act 1982 (specified securities), in paragraph 7(2), for head (b) substitute—

(b) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994

The Local Government and Planning (Scotland) Act 1982 (c. 43)

128

(1) The Local Government and Planning (Scotland) Act 1982 shall be amended in accordance with this paragraph.

(2) For section 9 (re-allocation of responsibility for certain local authority functions relating to the countryside) substitute—

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

(3) In section 14 (islands or district council’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)—

(a) in subsection (1), for “an islands or district council” substitute “ a local authority ”;

(b) in subsection (2), the words “regional or islands council as” shall cease to have effect; and

(4) In section 15(2) (local authority’s powers in relation to provision of recreational, sporting etc. facilities), for “An islands or district council” substitute “ A local authority ”.

(5) In section 16 (provisions supplementary to section 15)—

(a) in subsection (1)—

(i) for “an islands or district council” substitute “ a local authority ”;

(ii) for paragraph (b) substitute—

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

; and

(iii) in each of paragraphs (c), (g)(ii) and (k)(ii), for “council”, wherever it occurs, substitute “ authority ”; and

(b) in subsection (2)—

(i) for “an islands or district council” substitute “ a local authority ”; and

(ii) in paragraph (a), for “council” substitute “ authority ”.

(6) For section 17 (power of regional council to contribute towards provision of recreational etc. facilities) substitute—

(17) (1) A local authority may contribute by way of grant or loan towards the expenses of any organisation or body which, in the opinion of the authority, provides or promotes the provision of cultural activities or facilities whether inside or outside the area of the local authority concerned. (2) Without prejudice to the generality of subsection (1) above, the power conferred by that subsection includes power to make such contribution as will support or promote music, theatre, dance, opera, visual art or other art forms and museums and galleries.

(7) In section 18 (byelaws in relation to recreational, sporting etc. activities)—

(a) in subsection (1)—

(i) for “an islands or district council” substitute “ a local authority ”; and

(ii) for “council” substitute “ authority ”;

(b) in subsection (2)(b), for “council” substitute “ local authority ”; and

(i) where it first occurs, substitute “ local authority ”; and

(ii) where it secondly occurs, substitute “ authority ”.

(8) In section 24(1) (provision of gardening assistance for certain persons), for “An islands or district council” substitute “ A local authority ”.

(9) In section 25 (local authority’s functions in relation to cleansing of land)—

(a) in subsection (2), for “An islands or district council” substitute “ A local authority ”; and

(b) in subsection (3), for “islands or as the case may be district council” substitute “ local authority ”.

(10) In section 26(1) (local authority’s functions in relation to the provision of public conveniences), for “An islands or district council” substitute “ A local authority ”.

(11) In section 27 (local authority’s functions in relation to provision of a market)—

(a) in subsection (1)—

(i) for “An islands or district council” substitute “ A local authority ”; and

(ii) in paragraph (b)(i), for “council” substitute “ authority ”;

(b) in subsection (3), for “An islands or district council” substitute “ A local authority ”; and

(12) In section 28 (local authority’s functions in relation to the provision of clocks)—

(a) for “An islands or district council” substitute “ A local authority ”; and

(b) in paragraph (b), for “council” substitute “ authority ”.

(13) In section 30(1), for the words from “an islands” to “may”, where it first occurs, substitute “ a local authority may, with the consent of the roads authority ”.

(14) In section 67 (interpretation), immediately before the definition of “the 1972 Act” insert—

(15) Part I of Schedule 1 (which re-allocates certain functions relating to the countryside) shall cease to have effect.

The Civic Government (Scotland) Act 1982 (c. 45)

129

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