LegalizeThe Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994
Made: 7th November 1994
The Secretary of State, in exercise of the powers conferred on him by sections 182(2) and 184(2) of the Local Government etc. (Scotland) Act 1994[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No. 1) Order 1994.
- (2) In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.
Days appointed
2
8th November 1994 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule).
3
4th January 1995 is the day appointed for the coming into force of–
- (a) the provisions of the Act specified in column 1 of Schedule 2 to this Order (which relate to the matters specified in column 2 of that Schedule);
- (b) section 180 of the Act, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (c) and (d) below;
- (c) in Schedule 13 to the Act (minor and consequential amendments)–
- (i) paragraph 3;
- (ii) paragraph 4(1) and (3);
- (iii) paragraph 27(1), (2) and (3)(a)(i);
- (iv) paragraph 60(1) and (3)(a) to (c);
- (v) paragraph 71(1) and (6);
- (vi) paragraph 75(1), (2)(b), (d) and (e), (13)(a)(ii), (14), (17)(d), (18)(c), (19)(b), (20) and (24);
- (vii) paragraph 92(1), (20), (22), (26), (27), (60) and (70);
- (viii) paragraph 95(1) and (2)(a), (b) and (d);
- (ix) paragraph 100(1) and (9)(f) and (g);
- (x) paragraph 119(1), (5)(d), (7)(c)(ii), (34), (36), (42) to (45), (46) (so far as that sub-paragraph relates to the definition of “wholesome” in section 76L(1) of the Water (Scotland) Act 1980[^f00002]), (51) and (53)(a)(iv) and (vi);
- (xi) paragraph 129(1) and (20)(b);
- (xii) paragraph 156(1), (3) and (4);
- (xiii) paragraph 176(1) and (19)(c) and (d); and
- (xiv) paragraph 177; and
- (d) the repeals in Schedule 14 to the Act specified in Schedule 3 to this Order.
Modifications
4
- (1) The relevant provisions (being provisions amended or as the case may be added by provisions in the Act brought into force by article 3 of this Order) shall in the period from 4th January 1995 until 1st April 1996 apply as if modified by the substitution of the word “local” for the word “sewerage” in each place where that word appears in the relevant provisions (those modifications being such as appear to the Secretary of State requisite having regard to the fact that other provisions of Part II of, and Schedule 13 to, the Act are not for the time being in effect).
- (2) In paragraph (1) above, “the relevant provisions” means–
- (a) sections 1(2) and (4), 3A, 16A, 20(5), 22(2A), 23 and 48 of the Sewerage (Scotland) Act 1968[^f00003]; and
- (b) section 32(2) of the Control of Pollution Act 1974[^f00004].
SCHEDULE 1 — PROVISIONS OF THE ACT COMING INTO FORCE ON 8TH NOVEMBER 1994
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject matter |
| Section 1 | Local government areas in Scotland |
| Section 5 | Elections and term of office of councillors |
| Section 7 | Establishment of new local authorities and supplementary provisions |
| Section 12 | Staff commission |
| Section 57 | Power and duty of existing local authorities to assist new authorities |
| Section 61 | Interpretation of Part I |
| Section 97(6) | Extension of staff commission functions |
| Section 125 | Interpretation of Part II |
| Section 137(1) (so far as it applies section 12 of the Act) | Extension of staff commission functions |
| Section 157 | Certain orders relating to valuation not to be treated as hybrid |
| Section 177(1) and (3) (so far as those subsections relate to the entry in Part III of the House of Commons Disqualification Act 1975[^f00005] concerning any member of the staff commission) | Parliamentary disqualification |
| Section 178 | Financial provisions |
| Section 181(1), (2), (8) and (9) | Consequential and supplementary provisions |
| Section 183(1) | Interpretation |
| Section 184 | Short title, commencement and extent |
| Schedule 1 | New local government areas |
| Schedule 2 | Establishment of new local authorities |
SCHEDULE 2 — PROVISIONS OF THE ACT COMING INTO FORCE ON 4TH JANUARY 1995
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject matter |
| Section 8 | Transfer of employees |
| Section 9 | Effect of section 8 on contracts of employment |
| Section 10 | Continuity of employment |
| Section 11 | Remuneration of employees of local authorities |
| Section 13 | Compensation for loss of office or diminution of emoluments |
| Section 14 | Employment by new authorities |
| Section 15 | Transfer of property |
| Section 16 | Property held on trust |
| Section 17 | Educational endowments |
| Section 24 | Transitional provisions: finance |
| Section 34 | Reorganisation of police areas |
| Section 38 | Roads |
| Section 40 | Establishment etc. of Strathclyde Passenger Transport Authority |
| Section 44 | Restriction on order-making powers of existing authorities |
| Section 47 | Proceedings in district courts: transitional provisions |
| Section 49 | Justice of the peace |
| Section 50 | Stipendiary magistrates |
| Section 51(3) | Registration offices |
| Section 60 | Applications to sheriff in cases of difficulty |
| Section 97 (so far as not already in force) | Staff: application of Chapter 2 of Part I etc. |
| Section 101 | Authorisation of construction of certain private sewers etc. |
| Section 104 | Disapplication of restrictions on disclosur e of information |
| Section 113 | Actings of Secretary of State on default of water authority |
| Section 114 | Publication and provision of information as respects quality of private supplies of water |
| Section 115 | Regulations as to certain procedures |
| Section 124 | Cancellation of obligation to contribute towards certain expenses incurred as respects sewerage, or disposal of sewage, in rural localities |
| Section 126 | Orders under Part II |
| Section 137 ( so far as not already in force) | Staff: application of Chapter 2 of Part I |
| Section 141 | Byelaws under section 121 of the Civic Government (Scotland) Act 1982[^f00006] |
| Section 143 | Self-governing schools: certain proposals under the Education (Scotland) Act 1980[^f00007] |
| Section 146 | Definition of “road” |
| Section 147 | Provisions consequential on making of special road order |
| Section 148 | Toll orders |
| Section 149 | Road works register |
| Section 150 | Traffic signs |
| Section 151 | Exclusion from valuation roll of shootings, deer forests, fishings and fish counters |
| Section 165 | Powers of authorities to borrow and lend money |
| Section 166 | Grants in relation to ethnic minorities |
| Section 167 | Special grants |
| Section 170 | Effective use of resources |
| Section 172 | Duty of Secretary of State to establish area tourist boards |
| Section 173 | Power of Secretary of State to amend and revoke schemes |
| Section 175 | Provision of assistance to boards by old authorities |
| Section 179 | Savings |
| Section 182 | Further transitional provisions |
| Schedule 5 | Strathclyde Passenger Transport Authority |
SCHEDULE 3 — REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 4TH JANUARY 1995
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 18 & 19 Vict. c.68 | The Burial Grounds (Scotland) Act 1855 | In section 10, the words “any of the Lords Ordinary of” and the words from “And provided” to “such dwelling house”. In section 11, the words from “but no ground” to the end. |
| 10 & 11 Geo.6 c.41 | The Fire Services Act 1947 | In section 15(2), the proviso. In section 36, in subsection (2), the words “and thirty-six” and “and twenty-three”. |
| 1873 c. 65 | The Local Government (Scotland) Act 1973 | In section 84, subsections (2) and (4). |
| 1980 c. 45 | The Water (Scotland) Act 1980 | Sections 64 to 67. In section 76H(8), the words from “; and section 65” to the end. In section 76L(1), the definition of “wholesome”. In section 109, in subsection (1), in the definition of “owner”, the words “, save in sections 64 to 67,”. |
| 1982 c. 45 | The Civic Government (Scotland) Act 1982 | In section 121, in subsection (6), the words from “and of” to “that proposal” and, in subsection (7), the words from “but the” to “his consent” and the word “nevertheless”. |
Signed
Ian Lang — One of Her Majesty’s Principal Secretaries of State — 7th November 1994
Explanatory note
(This note is not part of the Order)
This Order provides for the commencement of certain provisions in the Local Government etc. (Scotland) Act 1994 (“the Act”) on 8th November 1994 (article 2 and Schedule 1) and on 4th January 1995 (article 3 and Schedules 2 and 3).
Article 4 modifies certain provisions of the Sewerage (Scotland) Act 1968 and the Control of Pollution Act 1974 (which provisions are amended or added by provisions of the Act brought into force by article 3 of this Order) in their application in the period from 4th January 1995 to 1st April 1996. The provisions specified in article 4 are modified by the substitution of references to “local” authorities for the references to “sewerage” authorities (pending the assumption of functions by sewerage authorities on 1st April 1996).
Footnotes
[^f00001]: 1994 c. 39.
[^f00002]: 1980 c. 45; section 76L(1) was added by the Water Act 1989 (c. 15), Schedule 22, paragraph 1.
[^f00003]: 1968 c. 47; the provisions listed are amended or added by way of section 101 of, and paragraph 75(2), (14), (17), (19), (20) and (24) of Schedule 13 to, the Act.
[^f00004]: 1974 c. 40; section 32(2) is substituted by paragraph 95(2)(b) of Schedule 13 to the Act.
[^f00005]: 1975 c. 24.
[^f00006]: 1982 c. 45.
[^f00007]: 1980 c. 44.
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