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

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

(2) In section 2 (licensing authorities)—

(a) in subsection (1), for “each district and islands area” substitute “ the area of each local authority ”; and

(b) in each of subsections (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”.

(3) In section 45 (control of sex shops)—

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

(b) in subsection (2)—

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

(ii) for “council’s” substitute “ authority’s ”.

(4) In section 62 (notification of processions)—

(a) in subsection (1)—

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

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

(b) in each of subsections (2), (4), (7), (9) and (11), for “regional or islands council”, wherever it occurs, substitute “ local authority ”;

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

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

(d) in subsection (12), in the definition of “chief constable”—

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

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

(5) In section 63 (functions of authorities in relation to processions), in each of subsections (1), (1A)(a), (3) and (4), for “regional or islands council”, wherever it occurs, substitute “ local authority ”.

(6) In section 64 (appeals against orders under section 63)—

(a) in subsection (4), for “regional or islands council” substitute “ local authority ”;

(b) in subsection (6)—

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

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

(7) In section 87 (local authorities’ powers in relation to buildings in need of repair), subsection (6) shall cease to have effect.

(8) In section 89 (safety of platforms etc.), subsection (10) shall cease to have effect.

(9) In section 90 (lighting of common stairs etc.)—

(a) in each of subsections (2), (3), (4), (5), (6), (7), (8) and (9), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b) in each of subsections (8) and (9), for “council”, where it secondly occurs, substitute “ authority ”.

(10) In section 91 (installation of lights in private property)—

(a) in subsection (1)—

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

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

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

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

(ii) for “council”, where it secondly and thirdly occurs, substitute “ authority ”.

(11) In section 92 (cleaning and painting of common stairs etc.)—

(a) in each of subsections (2), (3), (4), (6), (7) and (8), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b) in subsection (8), for “council”, where it secondly and thirdly occurs, substitute “ authority ”.

(12) In section 94 (disused petrol containers)—

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

(b) in subsection (3)—

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

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

(13) In section 95 (private open spaces), in each of subsections (2) and (3)(b), for “district or islands council” substitute “ local authority ”.

(14) In section 96(1) (statues and monuments)—

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

(b) for “council”, where it secondly occurs, substitute “ authority ”.

(15) In section 97 (street names and house numbers), for “district or islands council” substitute “ local authority ”.

(16) In section 119 (regulation of charitable collections)—

(a) in each of subsections (1), (3), (4), (5), (6), (7), (8), (9), (10)(a) and (b) and (12), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b) in subsection (3), for “council”, where it secondly occurs, substitute “ authority ”.

(17) In section 120 (savings for Crown and other rights), for “district or islands council” substitute “ local authority ”.

(18) In section 121 (control of the seashore, adjacent waters and inland waters)—

(a) in each of subsections (1), (3), (4), (5)(a) and (c), (6), (7), (8), (9), (10) and (11), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b) in subsection (7), for “council”, where it secondly occurs, substitute “ authority ”.

(19) In section 122 (power to execute works on seashore)—

(a) in each of subsections (1), (3), (4) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(b) in subsection (2)—

(i) in paragraph (a), for “council” substitute “ local authority ”; and

(ii) in paragraph (b)—

(A) after sub-paragraph (i) insert “ and ”;

(B) in sub-paragraph (ii), for “the district council” substitute “ any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles ”; and

(20) In section 123 (interpretation of sections 120 to 122)—

(a) in subsection (1), in the definition of “adjacent waters”, in paragraph (b), for “district council” substitute “ local authority ”; and

(b) in subsection (2), after the words “purposes of”, where they secondly occur, insert “ giving notice or, as the case may be, ”.

(21) In section 133 (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 ”.

(22) In Schedule 2 (control of sex shops)—

(a) in each of paragraphs 3, 4, 5(1), (3), (4), (5), (6), (7) and (8), 7(2), (7), (8) and (10) and 8(1), (2), (3), (4), (5), (6), (7) and (8), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(b) in paragraph 6—

(i) in sub-paragraph (1), for “district or islands council” substitute “ local authority ”; and

(ii) in sub-paragraph (6), for “islands or district council” substitute “ local authority ”;

(i) in sub-paragraphs (1), (2), (4) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii) in sub-paragraphs (3)(g) and (h), for “council”, in each place where it occurs, substitute “ local authority ”;

(d) in paragraph 10—

(i) in sub-paragraphs (1), (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii) in sub-paragraph (3), for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

(e) in paragraph 12(1), (2)(b), (3), (4) and (6) for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(f) in paragraph 13—

(i) in sub-paragraphs (1), (2), (4), (5), (6), (7), (8), (9) and (10), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii) in sub-paragraphs (6) and (9), for “council”, where it secondly occurs in each of those paragraphs, substitute “ authority ”;

(g) in paragraph 14—

(i) in sub-paragraph (1), for “islands or district council” substitute “ local authority ”; and

(ii) in sub-paragraphs (2), (3), (4), (5), (6) and (7), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(h) in paragraph 15—

(i) in sub-paragraphs (1), (2), (3) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(ii) in sub-paragraph (2)(b), for “council” substitute “ authority ”; and

(iii) in sub-paragraph (3), for “council”, where it secondly occurs, substitute “ local authority ”;

(i) in paragraph 16(1), (2), (3) and (4), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(j) in paragraph 17—

(i) in sub-paragraphs (1), (2) and (4), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii) in sub-paragraph (4), for “council”, where it secondly occurs, substitute “ authority ”;

(k) in paragraph 18—

(i) in sub-paragraphs (1) and (2), for “district or islands council” substitute “ local authority ”;

(ii) in sub-paragraph (1), for “council”, where it secondly occurs, substitute “ authority ”; and

(iii) in sub-paragraph (2), for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

(l) in each of paragraphs 19(8) and 20(1), (3) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(m) in paragraph 22—

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

(ii) for “its” substitute “ their ”;

(n) in paragraph 23—

(i) in sub-paragraphs (1), (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(ii) in sub-paragraph (2), for “council”, where it secondly occurs, substitute “ authority ”; and

(iii) in sub-paragraph (4)(c), for “council” substitute “ local authority ”;

(o) in paragraph 24—

(i) in sub-paragraphs (1), (2)(a), (3), (6), (7) and (9), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(ii) in sub-paragraph (6), for “council”, where it secondly, thirdly and fourthly occurs, substitute “ authority ”; and

(iii) in sub-paragraph (9)(b), for “council” substitute “ authority ”; and

(p) in paragraph 25(1) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”.

The Representation of the People Act 1983 (c. 2)

130

(1) The Representation of the People Act 1983 shall be amended in accordance with this paragraph.

(2) In section 8 (registration officers), for subsection (3) substitute—

(3) In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.

(3) In section 25 (returning officers: Scotland)—

(a) in subsection (1)—

(i) for “region or islands”, in both places where it occurs, substitute “ local government ”; and

(ii) for “regional or islands council” substitute “ local authority for that area ”;

(b) in subsection (2)—

(i) for the words from “The council” where they first occur, to “area”, where it first occurs, substitute “ Every local authority ”;

(ii) for “that region or islands” substitute “ their ”; and

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

(4) In section 31(2) (polling districts in Scotland)—

(a) for “regional or islands”, where it first occurs, substitute “ local authority ”;

(b) for “regional or islands council” substitute “ local authority ”;

(d) the words from “and for” to “polling district”, where it secondly occurs, shall cease to have effect.

(5) In section 52(4)(b) (provision of officers of local authority to assist registration officer), for the words from “the” to “area” substitute “ every local authority ”.

(6) In section 82(4)(b) (declaration as to election expenses), for “regional, islands or district council” substitute “ local authority ”.

(7) In section 96(3)(b) (meeting rooms for local election meetings), for the words from “the council” to “district” substitute “ a local authority ”.

(8) In section 204 (general application to Scotland)—

(a) in the definition of “electoral area”, the words “division or” shall cease to have effect;

(b) for the definition of “local authority” substitute—

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

; and

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

(9) In Schedule 5 (use for parliamentary election meetings of rooms in school premises and of meeting rooms), in paragraph 6(b), for “the council of every islands area and district” substitute “ every local authority ”.

The Level Crossings Act 1983 (c. 16)

131

In section 1(11) of the Level Crossings Act 1983 (safety arrangements at level crossings: 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 Litter Act 1983 (c. 35)

132

(1) The Litter Act 1983 shall be amended in accordance with this paragraph.

(2) In section 4 (consultation and proposals for abatement of litter), for subsection (4) substitute—

(4) In Scotland, it shall be the duty of each local authority to consult from time to time with such voluntary bodies as the local authority consider appropriate and as agree to participate in the consultations about the steps which the authority and each of the bodies with which they consulted are to take for the purpose of abating litter in the authority’s area; and it shall be the duty of the local authority— (a) to prepare and from time to time revise a statement of the steps which the authority and each of the bodies agree to take for the purpose, (b) to take such steps as in their opinion will give adequate publicity in their area to the statement, and (c) to keep a copy of the statement available at their principal office for inspection by the public free of charge at all reasonable hours. (4A) In subsection (4) above “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(3) In section 8(7) (interpretation of sections 7 and 8), 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 Telecommunications Act 1984 (c. 12)

133

(1) The Telecommunications Act 1984 shall be amended in accordance with this paragraph.

(2) In section 97(3)(b) (contributions by local authorities towards provision of facilities: interpretation), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

The Road Traffic Regulation Act 1984 (c. 27)

134

(1) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.

(2) In section 19(3)(b) (local authority in Scotland empowered to regulate use of roads by public service vehicles), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 26 (arrangements for patrolling school crossings)—

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

(b) in subsection (4)—

(i) the letter “(a)”; and

(ii) paragraph (b) and the word “and” immediately before it,

shall cease to have effect; and

(i) the letter “(a)”;

(ii) paragraph (b) and the word “or” immediately before it; and

(iii) the words “or, in Scotland, the district council”,

shall cease to have effect.

(4) In section 32(4)(a) (meaning of certain expressions for purposes of sections 33 to 41), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5) In section 37(1)(b) (orders made by local authorities in Scotland for purposes of general scheme of traffic control), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6) In section 44(1)(b) (control of off-street parking), for the words from “regions” to “council” substitute “ local authority areas, by the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for the area ”.

(7) In section 45(7)(c) (meaning of “local authority” for purposes of sections 45 to 55), for “the regional or islands council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8) In section 100(5)(c) (meaning of “local authority” in Scotland for purposes of section), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(9) In section 121A(4) (traffic authorities), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Roads (Scotland) Act 1984 (c. 54)

135

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

(2) In section 9(1)(e) (supplementary orders relating to special roads)—

(a) for “regional council”, in both places where it occurs, substitute “ local authority ”; and

(b) after “that”, where it secondly occurs, insert “ special road ”.

(3) In section 55(3) (arrangements for provision of meals etc. on picnic sites), for “regional, islands or district council” substitute “ local authority ”.

(4) In section 93(3)(a) (protection of road users from dangers near a road), for the words from “ratepayer” to “islands” substitute “ person, being a ratepayer or person liable to pay council tax within their ”.

(5) In section 95(2) (recovery of expenses by road authority where contravention of section), the words “or by the district council” shall cease to have effect.

(6) In section 97(6) (trading: meanings of certain expressions)—

(a) in the definition of “relevant public market”, in paragraph (b), for “regional, islands, or district council” substitute “ local authority ”; and

(b) in the proviso to that definition, for “council”, in both places where it occurs, substitute “ local authority ”.

(7) In section 113(1)(c) (transfer of property and liabilities in connection with special roads etc.), for “regional council” substitute “ local authority ”.

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

(9) In section 143(2)(a)(ii) (procedure for orders), after “section 8” insert “ 113A ”.

(10) In section 151 (interpretation)—

(a) in subsection (1)—

(i) 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 ”;

(ii) in the definition of “maintenance”, in paragraph (b), for “an islands or district council” substitute “ a local authority ”;

(iii) in the definition of “roads authority”—

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

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

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(b) in subsection (3)(c), for “an islands or district council” substitute “ a local authority ”.

(11) In Schedule 1 (procedures for making or confirming certain orders and schemes)—

(a) in paragraph 3, in the Table—

(i) in entry (i), in column 2, for the words from “The council” to “in which” substitute “ Every local authority in whose area ”;

(ii) in entry (iii), in column 2, for the words from “The council” to “district” substitute “ Every local authority ”;

(iii) in entry (v), in column 2, for the words from “The council” to “which” substitute “ Every local authority in whose area ”; and

(iv) in entry (vii), in column 2, for the words from “The council” to “which” substitute “ Every local authority in whose area ”; and

(b) in paragraph 10(a), for the words from “the council” to “district” substitute “ every local authority ”.

The Foster Children (Scotland) Act 1984 (c. 56)

136

In section 21(1) of the Foster Children (Scotland) Act 1984 (interpretation), in the definition of “local authority”, for the words from “the” to “area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Rent (Scotland) Act 1984 (c. 58)

137

(1) The Rent (Scotland) Act 1984 shall be amended in accordance with this paragraph.

(2) In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.)—

(a) in paragraph (a) for—

(i) “regional, islands or district council”, in both places where it occurs; and

(ii) “an islands or district council”,

substitute “ local authority ”; and

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

(3) In section 43(1) (registration areas for purposes of Part V), for “districts and islands areas” substitute “ areas of local authorities ”.

(4) In section 62(1) (registration areas for purposes of Part VII), for “districts and islands areas” substitute “ areas of local authorities ”.

(5) In section 63(4) (bodies for purposes of subsection (3)(b)), for paragraph (a) substitute—

(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; (aa) a water authority or sewerage authority;

(6) In section 115(1) (interpretation)—

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

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

The Cinemas Act 1985 (c. 13)

138

In section 21(1) of the Cinemas Act 1985 (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 Child Abduction and Custody Act 1985 (c. 60)

139

In section 27(3)(b) of the Child Abduction and Custody Act 1985 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Water (Fluoridation) Act 1985 (c. 63)

140

(1) The Water (Fluoridation) Act 1985 shall be amended in accordance with this paragraph.

(2) In section 1 (fluoridation of water supplies at request of health authority)—

(a) in subsection (6), after “conferred by” insert “ subsections (1) to (5) of ”; and

(b) in subsection (7), for “water undertaker in exercise of the power conferred by section 87 of the Water Industry Act 1991” substitute “ water undertaker (within the meaning of the Water Industry Act 1991) in exercise of the power conferred by section 87 of that Act; and where a water undertaker (within that meaning) is operating a fluoridation scheme by virtue of Schedule 7 to that Act, subsection (6) shall apply in relation to the scheme as that subsection applies, by virtue of the foregoing provisions of this subsection, to fluoridation in exercise of the power so conferred. ”.

(3) Section 3 (continuity of existing fluoridation schemes) shall cease to have effect.

(4) In section 4 (publicity and consultation)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ to make or withdraw an application ”;

(b) in subsection (2), for paragraph (b), substitute—

(b) give notice of the proposal to— (i) the Customers Council; and (ii) every local authority whose area falls wholly or partly within the area affected by the proposal.

;

(d) in subsection (6), the words “or to terminate a preserved scheme” and in subsection (7) the words “or terminate a preserved scheme” shall cease to have effect.

(5) In section 5 (interpretation)—

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

(b) for the definition of “local authority” (and the word “and” immediately following that definition) substitute—

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

; and

“statutory water undertaker” means a water authority; and “water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

The Transport Act 1985 (c. 67)

141

In section 93 of the Transport Act 1985 (travel concession schemes)—

(a) in subsection (8)(b)—

(i) after “also” insert

— (i)

; and

(ii) after “authority” insert

; and (ii) in relation to Scotland, Strathclyde Passenger Transport Authority

; and

(b) in subsection (9)—

(i) in paragraph (a), after “paragraph (b)” insert “ or (c) ”; and

(ii) in paragraph (b), after “jointly” insert

; or (c) where the authority or one of the authorities concerned in establishing the scheme are Strathclyde Passenger Transport Authority, to Strathclyde Passenger Transport Executive or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly.

The Housing Act 1985 (c. 68)

142

(1) The Housing Act 1985 shall be amended in accordance with this paragraph.

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

(3) In Schedule 4 (qualifying period for right to buy and discount)—

(a) in paragraph 7(2), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b) in paragraph 7A(1)(b), for “an islands or district council” substitute “ a local housing authority ”.

The Housing Associations Act 1985 (c. 69)

143

(1) The Housing Associations Act 1985 shall be amended in accordance with this paragraph.

(2) In section 59(1) and (2) (powers of local authorities to promote and assist housing associations: Scotland), the words “or regional council”, wherever they occur, shall cease to have effect.

(3) In section 104 (local housing authorities)—

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

(b) in subsection (2)(b), for the words from “islands” to “be” substitute “ area of a council mentioned in subsection (1)(b) above ”.

(4) In section 106(2) (minor definitions), in the definition of “local authority”, for “an islands council or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Weights and Measures Act 1985 (c. 72)

144

In section 69(3) of the Weights and Measures Act 1985 (local weights and measures authorities: Scotland), for the words from “each” to “council” substitute “ the area of each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the council for that area ”.

The Local Government Act 1986 (c. 10)

145

In section 6(2)(b) of the Local Government Act 1986 (interpretation and application of Part II), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Civil Protection in Peacetime Act 1986 (c. 22)

146

In section 1(1) of the Civil Protection in Peacetime Act 1986 (application of Act)—

(a) after “that Act” insert “ including, by virtue of section 4A of that Act, any two or more local authorities jointly and a joint board and joint committee ”; and

(b) after “authority”, where it thirdly occurs, insert “ or, as the case may be, the local authorities, joint board or joint committee ”.

The Airports Act 1986 (c. 31)

147

In section 12(1) of the Airports Act 1986 (interpretation of Part II), in the definition of —

(a) “local authority”, in paragraph (b), for the words from “has” to “1973” substitute “ means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b) “principal council”, in paragraph (b), for “regional or islands council” substitute “ local authority ”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

148

(1) The Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended in accordance with this paragraph.

(2) In section 2(9) (rights of authorised representatives of disabled persons: definitions), 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) In section 16 (interpretation), in the definition of “local authority”, in paragraph (b)—

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

(b) the words “, as read with section 2,” shall cease to have effect; and

The Gas Act 1986 (c. 44)

149

The Parliamentary Constituencies Act 1986 (c. 56)

150

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

Exclusion from valuation roll of fishings and fish counters

151

(1) The Debtors (Scotland) Act 1987 shall be amended in accordance with this paragraph.

(2) In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (ii) (and before the word “or” immediately following that sub-paragraph), insert—

(iia) a collecting authority (within the meaning of section 79 of the Local Government etc. (Scotland) Act 1994) in respect of any charges payable to them by virtue of that section;

(3) In section 106 (interpretation), for the definition of “summary warrant” substitute—

“summary warrant” means a summary warrant granted under or, as the case may be, by virtue of— (a) paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987; (b) paragraph 2 of Schedule 8 to the Local Government Finance Act 1992; (c) paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994; or (d) any of the enactments mentioned in Schedule 4 to this Act;

(4) In paragraph 35 of Schedule 5 (interpretation), in the definition of “creditor”, after paragraph (e) add—

; and (f) for the purposes of paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994, the collecting authority (within the meaning of section 79 of that Act).

The Housing (Scotland) Act 1987 (c. 26)

152

(1) The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph.

(2) In section 61 (secure tenant’s right to purchase)—

(a) in subsection (2)(a), for sub-paragraphs (i) and (ii) substitute—

(i) a local authority, or a joint board or joint committee of two or more local authorities, or the common good of a local authority or any trust under the control of a local authority; or (iia) a water authority or sewerage authority;

;

(b) in subsection (11)(a)—

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

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

(iii) for “council”, where it thirdly and fourthly occurs, substitute “ authority ”; and

(3) In section 64(6) (conditions of sale: houses in designated rural areas), for “islands or district council”, in both places where it occurs, substitute “ local authority ”.

(4) In section 70 (power to refuse to sell certain houses required for educational purposes)—

(a) in subsection (1), for “an islands” substitute “ a ”; and

(b) after subsection (2) insert—

(3) In this section “council” means the local authority for Orkney Islands, Shetland Islands or Western Isles.

(5) In section 212(4) (authorities empowered to give rent increase notices)—

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

(b) in paragraph (e), the words “or a water development board” shall cease to have effect.

(6) In section 300(1)(a) (meaning of “public sector authority”), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(7) In section 338(1) (interpretation)—

(a) for the definition of “local authority” substitute—

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

;

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

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

The Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

153

In section 41 of the Fire Safety and Safety of Places of Sport Act 1987 (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 Access to Personal Files Act 1987 (c. 37)

154

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

The Income and Corporation Taxes Act 1988 (c. 1)

155

In section 842A(3) of the Income and Corporation Taxes Act 1988 (local authorities)—

(a) for paragraphs (a), (b) and (c) substitute—

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

; and

(b) in paragraph (e), for the words from “falling” to the end substitute “ such as is mentioned in paragraph (a) above ”.

The Local Government Act 1988 (c. 9)

156

(1) The Local Government Act 1988 shall be amended in accordance with this paragraph.

(2) In section 1 (interpretation)—

(a) in subsection (1)—

(i) after paragraph (h) insert “ and ”; and

(ii) paragraph (k) and the word “and” immediately preceding it shall cease to have effect; and

(b) in subsection (3)(a) for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 2 (defined activities), after subsection (9) insert—

(10) Without prejudice to his powers to make orders or regulations under any other provision of this Part of this Act, the Secretary of State may by order provide that, from 31st March 1995 or such later date as may be specified in the order until such date as may be so specified, being a date not later than 31st December 2001, the provisions of this Part of this Act shall apply in relation to local authorities subject to such modifications as may be so specified.

(4) In section 15 (orders, regulations etc.), in each of subsections (2) and (5), after “section 2(9)” insert “ or 2(10) ”.

(5) In section 24(6) (interpretation of Part III of Act), in the definition of—

(a) “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 ”; and

(b) “local housing authority”, in paragraph (b), for “an islands or district council” substitute “ a local authority ”.

(6) In Schedule 2 (public supply or works contracts: the public authorities)—

(a) after the entry relating to the Peak Park Joint Planning Board insert— “ The Strathclyde Passenger Transport Authority. ”; and

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

The Housing (Scotland) Act 1988 (c. 43)

157

(1) The Housing (Scotland) Act 1988 shall be amended in accordance with this paragraph.

(2) In section 43(3)(a) (certain tenancies secure where interest of landlord belongs to local authority etc.), for sub-paragraphs (i) and (ii) substitute—

(i) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or (ia) a water authority or sewerage authority;

(3) In section 45(4) (transfer of existing tenancies: public bodies), for paragraphs (a) and (b) substitute—

(a) it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or (aa) it belongs to a water authority or sewerage authority;

(4) In section 55(1) (interpretation of Part II of the Act)—

(a) after the definition of “prescribed” insert—

“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

;

(b) the word “and”, where it occurs immediately after the definition of “tenancy”, shall cease to have effect; and

; and “water authority” shall be construed in accordance with the said section 62.

(5) In section 56 (right conferred by Part III)—

(a) in subsection (3), for paragraph (a) substitute—

(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council

;

(b) in subsection (5)(c), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(c) in subsection (6)(a), for “an islands council” substitute “ the council for Orkney Islands, Shetland Islands or Western Isles ”; and

(d) in subsection (9)(a), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6) In section 57(1) (persons by whom right may be exercised)—

(a) the word “neither” shall cease to have effect;

(b) the words from “nor” to “council”, where it thirdly occurs, shall cease to have effect; and

(7) In Schedule 4 (tenancies which cannot be assured tenancies), in paragraph 11—

(a) for sub-paragraph (a) substitute—

(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; (aa) a water authority or sewerage authority;

; and

(b) for the word “and”, where it occurs immediately after sub-paragraph (e), substitute “ or ”.

The School Boards (Scotland) Act 1988 (c. 47)

158

(1) The School Boards (Scotland) Act 1988 shall be amended in accordance with this paragraph.

(2) In section 5 (persons entitled to attend Board meetings, etc.)—

(a) in subsection (1), for the words from “The Director” to “purpose” substitute the words “ An officer of an education authority ”; and

(b) in subsection (2), for the words from “The regional” to “division” substitute the words “ The councillor for the electoral ward ”.

(3) In subsection (2) of section 22 (interpretation)—

(a) after the definition of “co-opted members” insert—

“councillor” means a councillor elected under section 5 of the Local Government etc. (Scotland) Act 1994

;

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

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

; and

(4) In Schedule 2 (application of 1973 Act to appointment committees)—

(a) in paragraph 5 the words “Schedule 10 to” and “and Schedule 10 to” shall cease to have effect;

(b) in paragraph 14(a) for the words “Director of Education” substitute the words “ education authority ”; and

(c) in paragraph 15 for the words from “The Director” to “purpose”substitute the words “ An officer of the education authority ”.

The Road Traffic Act 1988 (c. 52)

159

(1) The Road Traffic Act 1988 shall be amended in accordance with this paragraph.

(2) In section 27(7)(b) (local authorities who may designate roads, etc.), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 33(5)(b) (local authorities who may authorise certain motor vehicle trials), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In section 39(4)(b) (powers of local authorities as to giving road safety information etc.), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5) In section 45(3)(c) (inspectors appointed by designated councils to carry out vehicle tests), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6) In section 67B(2) (tests to check whether defects have been remedied), for “a region or islands area” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(7) In section 124(2) (exemption of police instructors from prohibition imposed by section 123), in the definition of “local authority”, in paragraph (b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8) In section 144(2)(a)(ii) (local authority exempt from requirement for third-party insurance or security), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(9) In Schedule 2 (deferred tests of condition of vehicles), in paragraph 1(b), for “an islands area or district” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Electricity Act 1989 (c. 29)

160

(1) Schedule 5 to the Electricity Act 1989 (water rights for hydro-electric generating stations in Scotland) shall be amended in accordance with this paragraph.

(2) In paragraph 8(a)—

(a) after “authority;” insert “ and ”;

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

(3) In paragraph 9, the words “and the water development board” shall cease to have effect.

(4) In paragraph 14, the words “, or the area of any water development board,” shall cease to have effect.

The Local Government and Housing Act 1989 (c. 42)

161

(1) The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph.

(2) In section 2(6) (politically restricted posts)—

(a) in paragraph (a), the words “or director of education” and the words from “or section” to “1980” shall cease to have effect; and

(b) in paragraph (c), for “director of social work” substitute “ chief social work officer ”.

(3) In section 4 (designation and reports of head of paid service)—

(a) in subsection (5), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and

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

(4) In section 5(5) (reports of monitoring officer etc.), the words “, or Schedule 10 or 20 to,” shall cease to have effect.

(5) In section 8(5)(b) (local authorities to adopt standing orders with respect to staff), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6) In section 9 (assistants for political groups)—

(a) in subsection (8)(b), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and

(b) in subsection (11), in the definition of “relevant authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(7) In section 14 (voting rights of members of certain committees: Scotland)—

(a) subsections (2) and (3) shall cease to have effect;

(b) in subsection (4), for the words “subsections (1) to (3)” substitute “ subsection (1) ”;

(d) for subsection (6) substitute—

(6) Nothing in this section shall prevent the appointment as a voting member of— (a) a committee such as is mentioned in subsection (1) of section 124 of the Local Government (Scotland) Act 1973 (committees appointed by education authority); or (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, of a person such as is mentioned in subsection (4) of the said section 124.

;

(e) in subsection (8), after paragraph (a) insert—

(aa) section 124(5);

; and

(f) in subsection (9), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8) In section 21(2) (interpretation of Part I), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

(10) In section 151(4) (power to amend provisions about charges), for paragraphs (b) and (c) substitute—

or (b) it is a charge amounting to local taxation.

(11) In section 152(3) (application of certain provisions as respects Scotland)—

(a) for paragraphs (a), (b) and (c) substitute—

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

; and

(b) for paragraphs (e) and (f) substitute—

and (e) a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

(12) In section 155(5) (emergency financial assistance to local authorities)—

(a) for paragraphs (a), (b) and (c) substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b) the letter “(d)” shall cease to have effect.

(13) In section 157(6) (commutation of, and interest on, periodic payments of grants etc. to local authorities), for “regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(14) In section 170(9) (authorities empowered to provide services etc. for owners or occupiers of houses as respects certain works), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Prisons (Scotland) Act 1989 (c. 45)

162

(1) The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph.

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

(3) In section 14 (legalised police cells)—

(a) in subsection (2)—

(i) for “any region or islands area” substitute “ the area of a council ”; and

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

(b) in subsection (5), for “any region or islands area” substitute “ the area of a council ”;

(c) in subsection (6), for “islands area of Orkney or of Shetland” substitute “ areas of the councils for Orkney Islands and Shetland Islands ”;

(d) in subsection (7)—

(i) for “the council of a region or islands area” substitute “ a council ”; and

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

(e) after subsection (8) insert—

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

(4) In section 16 (discharge of prisoners)—

(a) in subsection (2), the words “district or islands”, in both places where they occur, shall cease to have effect; and

(b) after subsection (2) insert—

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

The Food Safety Act 1990 (c. 16)

163

(1) The Food Safety Act 1990 shall be amended in accordance with this paragraph.

(2) In section 5(2) (food authorities in Scotland), for “islands or district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 27(1) (appointment of public analysts), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4) In section 28(1) (provision of facilities for examinations), for “regional council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Enterprise and New Towns (Scotland) Act 1990 (c. 35)

164

(1) The Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with this paragraph.

(2) In section 21 (areas of operation of Highlands and Islands Enterprise)—

(a) in subsection (1)—

(i) for paragraph (a) substitute—

(a) the local government areas of Highland, Western Isles, Orkney Islands, Shetland Islands and that part of Argyll and Bute which is the area of the former Argyll and Bute District Council and the islands of Arran, Great Cumbrae and Little Cumbrae;

and

(ii) in paragraph (b), for “Moray District” substitute “ local government area of Moray, ”; and

(b) after subsection (4) insert—

(5) In this section references to local government areas are references to the new local government areas within the meaning of Part I of the Local Government etc. (Scotland) Act 1994.

(3) In section 36(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 Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

165

(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be amended in accordance with this paragraph.

(2) In section 62(6) (local authorities for purposes of supervised attendance orders), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In Schedule 6 (supervised attendance orders), in paragraph 2(3)(b), for “director of social work” substitute “ chief social work officer ”.

The Broadcasting Act 1990 (c. 42)

166

In Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), 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 Environmental Protection Act 1990 (c. 43)

167

(1) The Environmental Protection Act 1990 shall be amended in accordance with this paragraph.

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

(3) In section 30 (authorities for purposes of Part II), in each of subsections . . .(2)(g) and (3)(c), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

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

(6) In section 45(10) (application to Scotland of certain sections of the 1968 Act for purposes connected with the collection of controlled waste), for paragraphs (a) and (b) substitute—

(a) the said section 2 conferred a power on a waste collection authority rather than a duty on a sewerage authority; (b) in the said section 3— (i) references to a sewerage authority were references to a waste collection authority; and (ii) in references to public sewers and public sewage works the word “public” were omitted; (c) in the said section 4, the reference to a sewerage authority were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and (d) in the said section 41, the reference to a sewerage authority were a reference to a waste collection authority,

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

(8) In section 53 (duties of authorities as respects disposal of waste collected: Scotland)—

(a) in subsection (4)—

(i) the words “(other than an islands council)” shall cease to have effect; and

(ii) in paragraphs (a) and (b), for “regional council”, wherever it occurs, substitute “ Sewerage authority ”;

(b) in subsection (5)—

(i) for “regional council”, in both places where it occurs, substitute “ sewerage authority ”; and

(ii) for “council”, where it thirdly occurs, substitute “ sewerage authority ”; and

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

(10) In section 86 (preliminary provisions relating to litter)—

(a) in subsection (3), for paragraphs (a) and (b) substitute—

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

; and

(b) in subsection (10)—

(i) for “its” substitute “ their ”; and

(ii) for the words from “the district” to the end substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(11) In section 88(9) (“litter authorities” for purposes of section)—

(a) in paragraph (a), the words “, a regional council”; and

(b) in paragraph (b), the words “, regional council”,

shall cease to have effect.

(12) In section 90(3) (power to designate litter control areas), the words “, regional council” shall cease to have effect.

(13) In section 92(1) (summary proceedings by litter authorities), the words “, regional council” shall cease to have effect.

(14) In section 93(1) (street litter control notices), the words “, regional council” shall cease to have effect.

(15) In section 95(1) (public registers), the words “, regional council” shall cease to have effect.

(16) In section 99(5)(e) (local authority in Scotland having powers in relation to abandoned trolleys), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(17) In section 149(11) (seizure of stray dogs: 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 New Roads and Street Works Act 1991 (c. 22)

168

(1) The New Roads and Street Works Act 1991 shall be amended in accordance with this paragraph.

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

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

(4) In section 148 (particular and general provisions as respects sewers)—

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

(b) for subsection (3) substitute—

(3) References in this Part to an undertaker having apparatus shall, where the apparatus is a sewer, drain or tunnel, be construed— (a) in the case of apparatus vested in a sewerage authority, as references to that authority; and (b) in any other case, as references to the authority, body or person having the management or control of the apparatus.

(5) In section 153 (power of road works authority to undertake road works)—

(a) in subsection (1), the words—

(i) “or district council”; and

(ii) “or council”,

shall cease to have effect; and

(b) in subsection (3), the words “or council” shall cease to have effect.

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

The Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23)

169

In section 6(1) of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in Scotland), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Natural Heritage (Scotland) Act 1991 (c. 28)

170

(1) The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with this paragraph.

(2) In section 20 (making of drought orders), for subsection (3) substitute—

(3) A drought order may only be made on the application of a water authority.

(3) In section 22(1) (interpretation), in the definition of “compensation water”, the words “or water development board” shall cease to have effect.

(4) In section 24 (rights of entry and inspection)—

(a) in subsection (1)—

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

(ii) in paragraph (a), the words “or board” shall cease to have effect; and

(b) in subsection (9)—

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

(ii) in paragraph (a), the words “or board” shall cease to have effect.

(5) In Schedule 7 (further provisions regarding drought orders)—

(a) in paragraph 5—

(i) in sub-paragraph (1), the words “or a water development board” and (in head (a)) “or board”;

(ii) in sub-paragraph (2), the words “or water development board”; and

(iii) in sub-paragraph (3), the words “or water development board” and “or board”,

shall cease to have effect;

(b) in paragraph 6, the words from “, including” to the end shall cease to have effect; and

(6) In Schedule 8 (procedure for making drought orders), in paragraph 1(3), in the second column of the Table—

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

(b) in paragraph (a) of the entry relating to “All Orders”, the words “or water development board (not being the applicant)” shall cease to have effect.

The Road Traffic Act 1991 (c. 40)

171

In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London), in paragraphs 1(1)(d) and 2(1)(c), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Coal Mining Subsidence Act 1991 (c. 45)

172

In section 47(6)(b) of the Coal Mining Subsidence Act 1991 (notices to local authorities), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Criminal Justice Act 1991 (c. 53)

173

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

174

(1) The Social Security Contributions and Benefits Act 1992 shall be amended in accordance with this paragraph.

(2) In section 28(6)(d) (“local education authority” in Scotland), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 58(4) (incapacity for work: work as councillor to be disregarded), in the definition of “councillor”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

(5) In section 137(1) (interpretation), the definition of “levying authority” shall cease to have effect.

175

(1) The Social Security Administration Act 1992 shall be amended in accordance with this paragraph.

(2) In section 15A(3) (“qualifying lenders” for purposes of section)—

(a) in paragraph (d), the words “, islands council” shall cease to have effect; and

(b) after paragraph (e) insert—

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

(3) For the words “levying authority” or “levying authorities” where they appear in sections 76(1), 77(1), . . . . . ., substitute “ local authority in Scotland ” or “ local authorities in Scotland ” respectively.

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

(5) In section 191 (interpretation)—

(a) the definition of “levying authority” shall cease to have effect;

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

(c) in the definition of “rating authority”, for the words from “the meaning” to “1973” substitute “ shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994 ”.

The Local Government Finance Act 1992 (c. 14)

176

(1) The Local Government Finance Act 1992 shall be amended in accordance with this paragraph.

(2) In section 70 (council tax in respect of dwellings), for subsection (1)(a) substitute—

(a) shall be known as the council tax of the council which set it;

(3) In section 78 (basic amounts payable)—

(a) for “levying” substitute “ local ”; and

(b) for the definition of “A” substitute—

“A” is the amount which, for the financial year in which the day falls and for dwellings in the valuation band listed for the dwelling, has been imposed by the local authority in whose area the dwelling is situated;

(4) In section 80 (reduced amounts)—

(a) in subsections (1)(a) and (8)(c), for “levying” substitute “ local ”; and

(b) for subsection (5)(c)(i) substitute—

(i) relating to the local authority whose council tax constitutes the amount referred to in subsection (1) above;

(5) In section 81 (appeal to valuation appeal committee), in subsections (1)(a) and (b) and (5), for “levying” substitute “ local ”.

(6) In section 84 (compilation and maintenance of valuation lists), for subsection (10) substitute—

(10) In this Part “local assessor” means the assessor appointed under section 27 (appointment of assessors) of the Local Government etc. (Scotland) Act 1994 for each valuation area; and any depute assessor appointed under that section shall have all the functions of a local assessor under this Part.

(7) In section 90 (information about properties), in subsection (8) for “levying” substitute “ local ”.

(8) In section 91 (information about lists), in subsections (2) and (3) for “levying” substitute “ local ”.

(9) In section 94 (substituted and reduced settings) in subsection (8), for “levying” substitute “ local ”.

(10) In section 97 (levying and collection of council tax)—

(a) for subsection (1) substitute—

(1) A local authority shall levy and collect the council tax set by them in respect of their area.

; and

(b) subsection (2) shall cease to have effect.

(11) In subsection (1) of section 98 (information required by Secretary of State), for “levying” substitute “ local ”.

(12) In section 99 (interpretation of Part II)—

(a) the definition of “levying authority” shall cease to have effect;

(b) for the definition of “local authority” substitute—

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

;

(d) for the definition of “valuation appeal committee” substitute—

“valuation appeal committee” means a valuation appeal committee established under section 29 of the Local Government etc. (Scotland) Act 1994;

(13) In section 107 (water and sewerage charges)—

(a) subsection (1) shall cease to have effect; and

(b) in subsection (2), for “that Schedule” substitute “ Schedule 11 to this Act ”.

(14) In section 109(1) (council tax grants), for “levying” substitute “ local ”.

(15) In section 111 (references to rateable values), after subsection (10) insert—

(10A) For the purposes of subsection (10) above, on and after 1st April 1996 the valuation roll which an assessor for a valuation area constituted under section 27 of the Local Government etc. (Scotland) Act 1994 is required to retain shall be the valuation roll for every valuation area existing before that date any part of which lies within his valuation area.

(16) In Schedule 2 (administration)—

(a) in paragraph 1(2), for “a levying” substitute “ , in Scotland, a local ”;

(b) in paragraph 12(1), for “levying” substitute “ local ”;

(d) in paragraph 19—

(i) for “levying”, in each place where it occurs, substitute “ local ”; and

(ii) for sub-paragraph (3) substitute—

(3) Arrangements made under this paragraph for the exercise of functions under Schedule 8 to this Act may not include arrangements for the exercise of functions under paragraph 2(1)(a) of that Schedule.

(17) In Schedule 3, in paragraph 2, for “levying” in each place where it occurs, substitute “ local ”.

(18) In Schedule 8 (enforcement: Scotland), in paragraphs 1, 2, 3, 4 and 6, for “levying”, in each place where it occurs, substitute “ local ”.

(19) In Schedule 12 (payments to local authorities by Secretary of State: Scotland)—

(a) in paragraph 10(1) for “levying” substitute “ local ”;

(b) in paragraph 10(3)(a)—

(i) for sub-head (i) substitute—

(i) section 24A (lands and heritages partly unoccupied for a short time) of the Local Government (Scotland) Act 1966;

and

(ii) for sub-head (ii) substitute—

(ii) section 25A (remission of rates on account of hardship) of that Act;

;

(2) Before such date in relation to each financial year as the Secretary of State may direct, each relevant authority shall calculate the amount of their non-domestic rating contribution for that year, and shall inform the Secretary of State of the amount so calculated in respect of them; and, for the purposes of this paragraph, “relevant authority” means, in relation to any financial year prior to and including the financial year 1995-96, a regional or islands council and, in relation to financial years after that year, a local authority.

; and

(d) in paragraph 11(3), for “notified to them” substitute “ notified by them ”.

The Local Government Act 1992 (c. 19)

177

In subsection (4)(c) of section 30 of the Local Government Act 1992 (extent), for the words from “Schedule” to “Part II” there shall be substituted the words “ Part II of Schedule 4, apart from so much of that Part ”.

The Tribunals and Inquiries Act 1992 (c. 53)

178

In Part II of Schedule 1 to the Tribunals and Inquiries Act 1992, in paragraph 58 (the entry relating to rates) for the words from “section 4” to the end substitute “ section 29 of the Local Government etc. (Scotland) Act 1994. ”.

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

179

(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph.

(2) In section 18(6) (statement on oath by appropriate officer where supervised release order breached etc.)—

(a) in paragraph (b), for “director of social work” substitute “ chief social work officer ”; and

(b) in paragraph (c), for “director” substitute “ chief social work officer ”.

(3) In section 27(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 Clean Air Act 1993 (c. 11)

180

In section 64(1) of the Clean Air Act 1993 (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 Radioactive Substances Act 1993 (c. 12)

181

In section 47(1) of the Radioactive Substances Act 1993 (interpretation)—

(a) 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 ”; and

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

The Local Government (Overseas Assistance) Act 1993 (c. 25)

182

In section 1(9)(b) of the Local Government (Overseas Assistance) Act 1993 (local authorities empowered to provide advice and assistance), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Noise and Statutory Nuisance Act 1993 (c. 40)

183

(1) The Noise and Statutory Nuisance Act 1993 shall be amended in accordance with this paragraph.

(2) In section 8(5)(b) (local authorities in Scotland who may consent to the operation of loudspeakers in roads), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 9(7) (interpretation of certain expressions for purposes of section), in the definition of “local authority”, in paragraph (b), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Railways Act 1993 (c. 43)

184

(1) The Railways Act 1993 shall be amended in accordance with this paragraph.

(2) In section 136(3) (grants and subsidies), in paragraph (d)(i), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3) In section 151(1) (general interpretation), in the definition of “local authority”—

(a) the words “regional council, islands council” shall cease to have effect;

(b) for “London or” substitute “ London, ”; and

(c) after “Scilly” insert “ or any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

SCHEDULE 14

Local government areas in Scotland.

Roads authority for boundary bridges.

Tweed Fisheries Commissioners.

The Water Industry Commissioner for Scotland

67A

75A

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

Duty of water authority to keep map showing water mains etc.

125A

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

Provision of school transport and other facilities.

Definition of “road”.

Traffic signs.

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

Powers of authorities to borrow and lend money.

Financial provisions.

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

Schedule 9A

Part I — The Commissioner

Appointment

1

(1) The Commissioner shall be appointed by the Secretary of State on such terms and conditions as he may determine.

(2) Those terms and conditions may include arrangements for the payment of pensions, allowances or gratuities to, or in respect of, persons who have ceased to hold office as Commissioner.

Staff

2

(1) The Commissioner may, with the consent of the Secretary of State as to numbers, terms and conditions, appoint staff.

(2) The Commissioner may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of staff of the Commissioner and may, in particular—

(a) make contributions or payments towards provision for such pensions, gratuities or allowances,

(b) establish and administer one or more pension schemes.

(3) Arrangements under sub-paragraph (2) are subject to the approval of the Secretary of State.

Status

3

The Commissioner and his staff are not to be regarded as servants or agents of the Crown and do not have any status, immunity or privilege of the Crown.

Accounts

3A

(1) The Commissioner shall for each financial year prepare an account of his expenditure and receipts in accordance with directions issued by the Scottish Ministers and shall send the account to the Scottish Ministers by such time as they may direct.

(2) The Scottish Ministers shall send the account to the Auditor General for Scotland for auditing.

Part II — The Consultative Committees

Membership

4

(1) Each Consultative Committee shall consist of—

(a) the Commissioner, who shall be its chairman, and

(b) not fewer than 6 nor more than 9 other members appointed by the Commissioner in accordance with procedures, and on terms and conditions, approved by the Secretary of State.

(2) The Commissioner shall, in accordance with those procedures, appoint one of the other members to be its deputy chairman.

Allowances

5

The deputy chairman and the ordinary members of a Consultative Committee shall be entitled to travelling and other allowances, to be paid by the Commissioner in accordance with arrangements determined by the Secretary of State, in respect of expenses properly incurred in the performance of their duties.

Proceedings

6

The proceedings of a Consultative Committee shall be conducted in accordance with arrangements determined by the Commissioner and approved by the Secretary of State.

The Riotous Assemblies (Scotland) Act 1822 (c.33)

The Harbours, Docks and Piers Clauses Act 1847 (c.27)

The Burial Grounds (Scotland) Act 1855 (c.68)

The Explosives Act 1875 (c.17)

The Public Libraries Consolidation (Scotland) Act 1887 (c.42)

The Allotments (Scotland) Act 1892 (c.54)

The Merchant Shipping Act 1894 (c.60)

The Light Railways Act 1896 (c.48)

The Public Health (Scotland) Act 1897 (c.38)

The Census Act 1920 (c.41)

The Celluloid and Cinematograph Film Act 1922 (c.35)

The Allotments (Scotland) Act 1922 (c.52)

The Performing Animals (Regulation) Act 1925 (c.38)

The Agricultural Produce (Grading and Marking) Act 1928 (c.19)

The Petroleum (Consolidation) Act 1928 (c.32)

The Local Government (Scotland) Act 1929 (c.25)

The Road Traffic Act 1930 (c.43)

The Church of Scotland (Property and Endowments) (Amendment) Act 1933 (c.44)

The Private Legislation Procedure (Scotland) Act 1936 (c.52)

The Harbours, Piers and Ferries (Scotland) Act 1937 (c.28)

The Children and Young Persons (Scotland) Act 1937 (c.37)

The Public Records (Scotland) Act 1937 (c.43)

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c.48)

The Civil Defence Act 1939 (c.31)

The Land Drainage (Scotland) Act 1941 (c.13)

The Public Health (Scotland) Act 1945 (c.15)

The Fire Services Act 1947 (c.41)

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42)

The Civil Defence Act 1948 (c.5)

The Local Government Act 1948 (c.26)

The National Assistance Act 1948 (c.29)

The Coast Protection Act 1949 (c.74)

The National Parks and Access to the Countryside Act 1949 (c.97)

The Shops Act 1950 (c.28)

The Allotments (Scotland) Act 1950 (c.38)

The Pet Animals Act 1951 (c.35)

The Rag Flock and Other Filling Materials Act 1951 (c.63)

The Rivers (Prevention of Pollution) (Scotland) Act 1951 (c.66)

The Hypnotism Act 1952 (c.46)

The Post Office Act 1953 (c.36)

The Emergency Laws (Miscellaneous Provisions) Act 1953 (c.47)

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