LegalizeThe Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994
Made: 7th December 1994
The Secretary of State, in exercise of the powers conferred on him by section 184 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.2) Order 1994.
- (2) In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.
Days appointed
2
31st December 1994 is the day appointed for the coming into force of—
- (a) paragraph 176(1) and (19)(b) of Schedule 13 to the Act (minor and consequential amendments); and
- (b) section 180(1) of the Act (minor and consequential amendments), so far as it relates to those provisions.
3
4th January 1995 is the day appointed for the coming into force of the following provisions of the Act:—
- (a) section 153 (power of Secretary of State to prescribe amount of non-domestic rate);
- (b) section 160 (further provision as to valuation by formula);
- (c) section 161 (power of Secretary of State to combine and divide lands and heritages);
- (d) section 180(2) (repeals), so far as it relates to the provisions specified in paragraph (e) below; and
- (e) in Schedule 14 (repeals), the repeals of—
- (i) section 116(6) of the Local Government (Scotland) Act 1973[^f00002];
- (ii) paragraphs 41 and 42 of Schedule 2 to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981[^f00003]; and
- (iii) paragraph 60(2) of Schedule 25 to the Water Act 1989[^f00004].
4
1st April 1995 is the day appointed for the coming into force of—
- (a) 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);
- (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—
- (i) paragraph 57;
- (ii) paragraph 60(4);
- (iii) paragraph 67(1), (2) and (5); and
- (iv) paragraph 100(2), (4) and (5); and
- (d) the repeals in Schedule 14 to the Act specified in Schedule 2 to this Order.
Transitional provision
5
The amendments of paragraph 10(3)(a) of Schedule 12 to the Local Government Finance Act 1992[^f00005] brought into force by article 2 of this Order shall not affect the continuing operation of regulations made under that paragraph[^f00006] in relation to a financial year (within the meaning of that Act) beginning before 1st April 1995.
Amendment of earlier Order
6
Article 3 (c)(xiii) of the Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994[^f00007] is hereby amended by deleting the words “(1) and”.
SCHEDULE 1 — PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1995
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject matter |
| Section 152 | Amendment of definition of “lands and heritages” |
| Section 154 | Rating of unoccupied lands and heritages |
| Section 155 | Rating of lands and heritages partly unoccupied for a short time |
| Section 156 | Remission of rates on account of hardship |
| Section 158 | Grants in respect of certain rate rebates |
| Section 159 | Rating of enterprise zone |
| Section 162(1) | Abolition of Scottish Valuation Advisory Council |
SCHEDULE 2 — REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 1ST APRIL 1995
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 49 & 50 Vict. c.15 | The Sporting Lands Rating (Scotland) Act 1886 | The whole Act. |
| 10 & 11 Geo.6 c.43 | The Local Government (Scotland) Act 1947 | Sections 243, 243A, 243B and 244. |
| 4 & Eliz.2 c.60 | The Valuation and Rating (Scotland) Act 1956 | Section 22A. |
| 6 & 7 Eliz.2 c.64 | The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 | Section 7. |
| 1966 c. 51 | The Local Government (Scotland) Act 1966 | Section 17. Section 20. In Section 25, in subsection (1), the words “the determination of rateable values,” and subsections (3), (4) and (5). In section 46(1), the definition of “rate”. In Schedule 3, paragraph 1, in paragraph 3(1), the words from “and that” to “heritages”, in paragraph 5, the word “relevant”, in both places where it occurs, paragraphs 6 and 7, in paragraph 8, the words from “relevant lands” to “Act” and the words from “included” to “heritages”, where it second occurs. In Schedule 5, paragraph 3. |
| 1972 c. 52 | The Town and Country Planning (Scotland) Act 1972 | In Part II of Schedule 21, the words from “In section 25(3)(c)” to the end of the paragraph. |
| 1973 c. 65 | The Local Government (Scotland) Act 1973 | In Schedule 9, paragraph 11. |
| 1975 c. 30 | The Local Government (Scotland) Act 1975 | In Part II of Schedule 6, paragraphs 6, 13 and 34. |
| 1980 c. 65 | The Local Government, Planning and Land Act 1980 | In Schedule 32, in paragraph 33, in sub-paragraph (2), head (a), sub-paragraph (3) and, in sub-paragraph (4), the definitions of “private garage” and “private storage premises”. |
| 1981 c. 23 | The Local Government (Miscellaneous Provisions) (Scotland) Act 1981 | Section 6. In Schedule 3, paragraph 26. |
| 1982 c. 43 | The Local Government and Planning (Scotland) Act 1982 | Section 4. |
| 1984 c. 31 | The Rating and Valuation (Amendment) (Scotland) Act 1984 | Sections 6 and 7. In Schedule 2, paragraph 7. |
| 1988 c. 41 | The Local Government Finance Act 1988 | Section 128. In Part II of Schedule 12, paragraph 6. |
| 1989 c. 15 | The Water Act 1989 | In Schedule 25, paragraph 22. |
| 1989 c. 42 | The Local Government and Housing Act 1989 | In Schedule 6, paragraph 7. |
| 1992 c. 14 | The Local Government Finance Act 1992 | In Schedule 13, paragraph 75. |
Signed
Allan Stewart — Parliamentary Under Secretary of State, Scottish Office — 7th December 1994
Explanatory note
(This note is not part of the Order)
This Order provides for the commencement of various provisions in the Local Government etc. (Scotland) Act 1994 on 31st December 1994 (article 2), on 4th January 1995 (article 3) and on 1st April 1995 (article 4 and Schedules 1 and 2). The provisions commenced are principally concerned with rating and valuation matters.
Article 5 of the Order makes a transitional provision in connection with the provisions commenced by article 2, and article 6 makes a minor amendment of the Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994.
Footnotes
[^f00001]: 1994 c. 39.
[^f00002]: 1973 c. 65.
[^f00003]: 1981 c. 23.
[^f00004]: 1989 c. 15.
[^f00005]: 1992 c. 14.
[^f00006]: See S.I. 1992/3061, as amended by S.I. 1993/3059.
[^f00007]: S.I. 1994/2850.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.