Local Government etc. (Scotland) Act 1994 (c. 39)

(The document as of February, 2008)

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(a) the National Loans Fund any sums paid to the Secretary of State under section 84(5) of this Act; and

(b) the Consolidated Fund any sums paid to the Secretary of State in consequence of any other provision of this Act.

179 Savings

(1) The repeal by this Act of--

(a) sections 65, 66 and 67;

(b) the words from "; and section 65" to the end in section 76H(8); and

of the 1980 Act, shall not affect the operation of the said sections 65, 66 and 67 as respects--

(i) any charging order made before 1st April 1996 under subsection (1) or (3) of section 65 (including any charging order so made by virtue of the said section 76H(8));

(ii) any order made before that date under subsection (2) of section 66; or

(iii) any right conferred by those sections to recover expenditure provided that the expenditure was incurred before that date.

(2) The repeal by this Act of the said section 65 shall not affect that section's application, under subsection (4) of section 75 of the Agricultural Holdings (Scotland) Act 1991, to such charging orders as are mentioned in subsection (2) or (3) of the said section 75.

(3) The repeal by this Act--

(a) of section 47 of the 1968 Act shall not affect the operation of that section as respects--

(i) any charging order made before 1st April 1996 under subsection (1) of that section; or

(ii) any right conferred by that section to recover expenditure provided that the expenditure was incurred before that date;

(b) of the said sections 65, 66 and 67 shall not affect those sections' application, under subsection (2) or (3) of the said section 47, to such charging orders as are mentioned in sub-paragraph (i) of paragraph (a) above or, as the case may be, for the purpose of the right of recovery mentioned in sub-paragraph (ii) of that paragraph.

(4) Without prejudice to subsection (4) of section 72 of the 1980 Act (certain byelaws to cease to have effect at expiration of a specific period unless extended), or to that subsection as it applies by virtue of section 63(10) of the [1967 c. 86.] Countryside (Scotland) Act 1967 (byelaws as respects recreational use of waterway or land), a byelaw made by the Board or by any other transferor as water authority, or having effect, immediately before the transfer date, as if so made by virtue of section 73(3) of the 1980 Act (power of Secretary of State to require making of byelaws), shall on and after that date have effect, though only within the area in which it had effect immediately before that date, as if made by the transferee as water authority, with any reference in the byelaws to the transferor being construed, in so far as the context admits, as a reference to the transferee.

(5) In subsection (4) above, "transferor" and "transferee" mean the transferor and transferee in a transfer scheme; and for the purposes of that subsection the transferee where the transferor is the Board shall be taken to be the East of Scotland Water Authority only.

(6) Section 125 of this Act applies for the interpretation of subsections (1) to (5) above as that section applies for the interpretation of Part II of this Act.

Supplementary

180 Minor and consequential amendments and repeals

(1) Schedule 13 to this Act, which contains minor amendments and amendments consequential upon the provisions of this Act, shall have effect.

(2) The enactments mentioned in Schedule 14 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

181 Consequential and supplementary provisions

(1) The Secretary of State may at any time, whether before or after 1st April 1996, by order make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or expedient--

(a) for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b) in consequence of such of the provisions of this Act or of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act,

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may--

(a) make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in such an order shall be inconsistent with any provision of this Act;

(b) in relation to the period prior to 1st April 1996, and subject to such modification as the Secretary of State thinks necessary or expedient, apply to the new authorities any enactment relating to a local authority in Scotland;

(c) apply, with or without modifications, or amend, repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996; or

(d) make savings, or additional savings from the effect of any repeal made by this Act.

(3) Subject to subsection (6) below, anything done or treated by virtue of any enactments as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions shall, as from 1st April 1996, be treated as having been done by, to or in relation to the new authority by whom those functions become exercisable on and after that date by virtue of this Act; and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new authority by whom those functions become exercisable.

(4) Without prejudice to the generality of subsection (3) above, the things to which if refers include--

(a) any agreement, instrument, decision, designation, determination, declaration or order made or treated as having been made by an existing local authority;

(b) any notice or direction given or treated as given by or to such an authority;

(c) any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or relaxation granted or treated as granted by or to such an authority;

(d) any application, request, proposal or objection made or treated as made by or to such an authority;

(e) any fee paid to or by such an authority;

(f) any condition or requirement imposed or treated as imposed by or on such an authority;

(g) any proceedings instituted by or against any such authority; or

(h) any appeal allowed by or in favour of or against such an authority.

(5) If there is any doubt as to the identity of the new authority to whom any particular functions are so transferred, that authority shall be taken to be such as may be specified in a direction given by the Secretary of State.

(6) Subsection (3) above is without prejudice to any express provision made by, or by any instrument or transfer scheme made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State.

(7) Section 25 of the 1973 Act (transitional agreements as to property and finance) shall apply for the purposes of Part I and V of this Act as if any reference to an order under Part II of that Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under Part I or this Part of this Act, but any agreement made by virtue of this subsection may only be made by new authorities and after 31st March 1996.

(8) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section--

"existing local authority" includes a joint committee and a joint board and a reporter appointed under section 36(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968;
"joint committee" and "joint board" have the meanings given by section 235(1) of the 1973 Act; and
"new authority" means--
(a)
any of the authorities constituted under section 2 of this Act;
(b)
a joint committee and a joint board;
(c)
a residuary body;
(d)
the Strathclyde Passenger Transport Authority;
(e)
a new water and sewerage authority within the meaning of Part II of this Act;
(f)
the Principal Reporter; and
(g)
the Scottish Children's Reporter Administration.

182 Further transitional provisions

(1) Unit 1st April 1996--

(a) section 70 of the 1973 Act (acquisition of land by agreement) shall have effect as if, in subsection (1), after paragraph (b) there were inserted " , or

(c) there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works, " ;

(b) section 71 of the 1973 Act (acquisition of land compulsorily) shall have effect as if, in subsection (1), after "enactment" there were inserted "or of there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works"; and

(c) section 15 of the [1980 c. 45.] Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added "or for the purpose of there being provided by some person other than themselves a supply of water to the public".

(2) If the Secretary of State provides, by order under section 184(2) of this Act, that any provision of Part II of (or of Schedule 13 to) this Act which--

(a) amends section 1, 6, 21(1), 22, 23 or 48 of the [1968 c. 47.] Sewerage (Scotland) Act 1968 or section 32 of the [1974 c. 40.] Control of Pollution Act 1974; or

(b) adds to the said Act of 1968 a new section 3A or 16A or to section 20 of that Act a new subsection (5),

shall come into force before 1st April 1996, he may provide in the order that the section amended, or as the case may be the section or subsection added, shall until that date apply as if modified in such manner as he shall specify in the order; the modifications being such as appear to him to be requisite having regard to the fact that some other provision of that Part (or that Schedule) is not for the time being in effect.

183 Interpretation and amendment of statutory references

(1) In this Act, unless the context otherwise requires--

"residuary body" shall be construed in accordance with section 18 of this Act;
"the Valuation Acts" means the [1854 c. 91.] Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation;
"the 1973 Act" means the [1973 c. 65.] Local Government (Scotland) Act 1973; and
"the 1975 Act" means the [1975 c. 30.] Local Government (Scotland) Act 1975.

(2) Subject to section 59 of this Act and to any particular amendment of any enactment made by or under this Act--

(a) any reference in any enactment to a local authority within the meaning of the 1973 Act (whether expressed as a reference to such an authority, or to a regional, islands or district council, or otherwise); or

(b) any reference in any enactment to a local authority within the meaning of the [1947 c. 43.] Local Government (Scotland) Act 1947 ("the 1947 Act") which, by virtue of paragraph 1(2) of Schedule 27 to the 1973 Act, falls to be construed as a reference to a local authority within the meaning of the 1973 Act,

shall be construed as a reference to a council constituted under section 2 of this Act.

(3) For the purpose of translating any reference, however expressed, in any enactment to a local authority within the meaning of either the 1973 Act or the 1947 Act to a reference to a council constituted under section 2 of this Act, the Secretary of State may by order made by statutory instrument make such amendments to any such enactment as he considers necessary or expedient.

(4) Subject to any particular amendment of any enactment made by this Act, any reference in any enactment to--

(a) the director of education shall in relation to any purpose be construed as a reference to the officer appointed by a local authority for that purpose;

(b) the director of social work shall be construed as a reference to the chief social work officer.

(5) Any reference in any enactment, other than the [1968 c. 49.] Social Work (Scotland) Act 1968 or the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (in respect of which Acts particular provision is made in Schedule 13 to this Act), to a reporter appointed under section 36(1) of the former Act shall be construed as a reference to the Principal Reporter.

(6) In this section "enactment" means any enactment or instrument made under an enactment, whether passed or made before or after the coming into force of this section; but does not include this Act or any instrument made under this Act.

184 Short title, commencement and extent

(1) This Act may be cited as the Local Government etc. (Scotland) Act 1994.

(2) This Act, except section 163, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(3) An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

(4) This Act shall extend to Scotland only.

SCHEDULES

Section 1(2) and (4).

SCHEDULE 1 New Local Government Areas

Part I

New areas

New local government areas	Comprising area of
City of Aberdeen.	Aberdeen District Council.
Aberdeenshire.	Banff and Buchan District Council; Gordon District Council; Kincardine and Deeside District Council.
Angus.	Angus District Council; Tayside electoral divisions 30 (Monifieth) and 31 (Sidlaw) (except first, polling district PDB; secondly, that part of polling district PDC lying to the east and south of a line commencing at the junction of unnamed roads at grid reference NO 3297 3106; then running northwest to the crossroads at Mains of Fowlis at grid reference NO 3247 3239; then running northeastward along the unnamed road between Mains of Fowlis and Liff to the western curtilage of the property known as Cater-Milly at grid reference NO 3300 3276; then running southward and eastward along the western and southern curtilages of the said property to the field boundary at grid reference NO 3308 3259; then continuing southeastward along the said field boundary and across the Liff Burn to the eastern perimeter of the woodland known as Gray Den at grid reference NO 3332 3239; then running north and east along the path running along the said eastern perimeter of Gray Den to its junction with the unnamed track between Liff and Mains of Gray at grid reference NO 3336 3273; then running north to the junction of the said track and the southern curtilage of the property known as Gray Cottage; then running northeastward along the southern curtilages of Gray Cottage, Learsmonth House, Woodend Cottages and No. 31 Church Road to the southern edge of Church Road where it runs between Liff and the Royal Dundee Liff Hospital then running eastward along the continuation of the said road past the northern perimeter of the said Hospital to the road junction at grid reference NO 3537 3276; thirdly, that part of polling district ADA lying to the east and south of a line commencing at a point on the A923 road at grid reference NO 3560 3378; then running north along the eastern curtilage of No 100 Coupar Angus Road and northwestwards along the northern curtilages of Nos 100 to 122 Coupar Angus Road to the eastern perimeter of Blairfield Road; then northwards along the said eastern perimeter to the field boundary at grid reference NO 3533 3436; then northeastwards along the said field boundary to its junction with Templeton Road at grid reference NO 3577 3455; fourthly, that part of polling district ADC lying to the east and south of a line commencing at grid reference NO 3660 3474 then running northward to the northwest corner of Baldragon Wood at grid reference NO 3658 3496; then running eastward along the northern perimeter of the said wood and continuing along the field boundary to grid reference NO 3725 3491; fifthly, those parts of polling districts ADE and ADF lying to the east and south of a line commencing on the southern boundary of polling district ADE on the A90 road at grid reference NO 4166 3458; then running northwards along the said A90 road to its intersection with Emmock Road at grid reference NO 4180 3508 then running southeastwards along the said Emmock Road to its junction with the unnamed road leading to South Powrie and Barns of Wedderburn then eastwards along the said unnamed road as far as the northwestern curtilage of Barns of Wedderburn at grid reference NO 4347 3469; then running southwestwards and southeastwards along the northwestern and southwestern perimeter of the said property to the point where it meets the unnamed road leading to Fintry at grid reference NO 4347 3458; then running southwestwards along the said unnamed road to the road junction at grid reference NO 4345 345 Council and Cumnock and Doon Valley District Council.
North Ayrshire.	Cunninghame District Council.
South Ayrshire.	Kyle and Carrick District Council.
The Borders.	Borders Regional Council.
Clackmannan.	Clackmannan District Council.
Dumbarton and Clydebank.	Clydebank District Council; Strathclyde electoral divisions 6 (Dumbarton) and 8 (Vale of Leven) (except the areas of the said electoral division 8 included in Argyll and Bute).
Dumfries and Galloway.	Dumfries and Galloway Regional Council.
East Dunbartonshire.	Bearsden and Milngavie District Council; Strathclyde electoral divisions 43 (Kirkintilloch), 44 (Strathkelvin North), 45 (Bishopbriggs) and the South Lenzie/Waterside district ward in Strathclyde electoral division 46 (Chryston).
City of Dundee.	City of Dundee District Council (except Tayside electoral division 30 (Monifieth) and those parts of 31 (Sidlaw) which are in Angus or Perthshire and Kinross).
City of Edinburgh.	City of Edinburgh District Council.
Falkirk.	Falkirk District Council.
Fife.	Fife Regional Council.
City of Glasgow.	City of Glasgow District Council except Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King's Park/Toryglen), polling districts RU03, RU04, RU09 and RU18.
Highland.	Highland Regional Council.
Inverclyde.	Inverclyde District Council.
North Lanarkshire.	Cumbernauld and Kilsyth, Motherwell and Monklands District Councils; Strathclyde electoral division 46 (Chryston) (except South Lenzie/Waterside district ward).
South Lanarkshire.	Clydesdale, Hamilton and East Kilbride District Councils; Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King's Park/Toryglen), polling districts RU03, RU04, RU09 and RU18.
East Lothian.	East Lothian District Council.
Midlothian.	Midlothian District Council.
West Lothian.	West Lothian District Council.
Moray.	Moray District Council.
Orkney Islands.	Orkney Islands Council.
Perthshire and Kinross.	Perth and Kinross District Council and, in Tayside electoral division 31 (Sidlaw), polling district PDB and that part of polling district PDA lying to the south of a line commencing at a point adjacent to Starr Inn Farm at grid reference NO 3309 3051 on the A90 road; then running eastward along the said road to the junction at grid reference NO 3462 3079.
East Renfrewshire.	Eastwood District Council; Strathclyde electoral division 79 (Barrhead).
Renfrewshire.	Renfrew District Council (except Strathclyde electoral division 79 (Barrhead)).
Shetland Islands.	Shetland Islands Council.
Stirling.	Stirling District Council.
Western Isles.	Western Isles Islands Council.

Part II

Provisions as to boundaries

1 The boundaries of the new local government areas shall be mered by Ordnance Survey.

2 In this Schedule--

"electoral division" means an electoral division for regional council elections as at 5th May 1994;
"polling district" means a polling district for regional council elections as at 1st December 1993; and
"ward" means a ward for district council elections as at 7th May 1992.

Section 7(1).

SCHEDULE 2 Establishment of New Local Authorities

First elections of councillors

1 (1) For the purpose of any election of councillors held before the relevant year of election, every local government area shall be divided into such electoral wards as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultation as he considers appropriate.

(2) In this paragraph "relevant year of election" means, in relation to a local government area, the first year of ordinary election of councillors for that area occurring after the making of an order constituting the new electoral wards of that local government area in consequence of a review under Schedule 5 to the 1973 Act.

(3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State may consider to be appropriate.

2 (1) Notwithstanding the provisions of section 41(1) (returning officer to be an officer of the council) of the [1983 c. 2.] Representation of the People Act 1983 ("the 1983 Act"), at the elections of councillors to be held on 6th April 1995, the returning officer shall be an officer appointed by such regional or district council as the Secretary of State may direct.

(2) Section 42(5) (expenses of election) of the 1983 Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, failing such agreement, by such of them, and in such proportions, as may be determined by the Secretary of State.

(3) In this paragraph "existing authorities" means the authorities all or part of whose area is included in the area of the new authority whose council is being elected.

Qualification for membership

3 For the purposes of section 29 of the 1973 Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councils

4 (1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election.

(2) The first meeting shall be convened by a person designated for that purpose by the Secretary of State, and shall be held at such place as that person may appoint.

(3) The notice of the meeting required by paragraph 2(1) of Schedule 7 to the 1973 Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5 (1) Until the completion of the election of a convener at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the convener of the council, but the person so acting as convener shall not be entitled to vote unless he is a councillor for the new area.

(2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority, designated by the Secretary of State, shall apply at the first meeting of a new council.

Suspension of elections

6 No election of councillors of an existing local authority shall be held on or after 16th November 1994, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 37(1) of the 1973 Act before 16th November 1994; and on and after that date any such casual vacancy shall be filled by the authority themselves electing a person to fill that vacancy.

Election of convener and depute convener after 1st April 1996

7 (1) The term of office of the convener and any depute convener elected to a council following the ordinary election on 6th April 1995 shall terminate on the day of the first meeting of the council held on or after 1st April 1996.

(2) At that meeting the election of a convener shall be the first business.

(3) The retiring convener shall be eligible for re-election, but shall in any event preside until a convener has been elected.

Section 18(10).

SCHEDULE 3 Residuary Bodies

Incorporation

1 A residuary body shall--

(a) be a body corporate; and

(b) have a common seal.

Status

2 A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

Membership

3 (1) Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment.

(2) A residuary body shall consist of not less than three and not more than seven members appointed by the Secretary of State; and the Secretary of State shall appoint one of those members to be chairman and may appoint another to be deputy chairman of that body.

(3) The Secretary of State may by order alter either of the numbers specified in sub-paragraph (2) above.

(4) Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

(5) The Secretary of State may remove a member from office if satisfied that the member--

(a) has had his estate sequestrated, has made any arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed or a composition contract for his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or

(d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

(6) If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

(7) An order under this paragraph shall be made by statutory instrument subject to annulment by resolution of either House of Parliament.

4 The Secretary of State shall satisfy himself--

(a) before he appoints a person under paragraph 3(2) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the residuary body in question;

(b) from time to time, that each person so appointed continues, and has continued, to have no such interest.

5 A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement.

Remuneration etc. of members

6 (1) A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may with the consent of the Treasury determine.

(2) As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may with the consent of the Treasury determine.

(3) Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may with the consent of the Treasury determine.

(4) Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and such scheme shall have effect subject to any provision made under this sub-paragraph.

Staff

7 A residuary body may appoint, on such terms and conditions as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine such employees as they think fit.

8 (1) A residuary body shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine--

(a) pay such pensions, allowances or gratuities to or in respect of those employees;

(b) make such payments towards provision of such pensions, allowances or gratuities; or

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions allowances or gratuities,

as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(2) The reference in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of a residuary body includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

Proceedings

9 (1) A member of a residuary body who is directly or indirectly interested in--

(a) a contract made or proposed to be made by them; or

(b) any other matter whatsoever which falls to be considered by them,

shall as soon as is practicable disclose the nature of his interest at a meeting of the body; and the disclosure shall be recorded in the minutes of the meeting.

(2) In the case mentioned in--

(a) head (a) of sub-paragraph (1) above, the member shall not take part in any deliberation or decision of the body with respect to the contract;

(b) head (b) of that sub-paragraph, the member shall not take part in any deliberation or decision of the body with respect to the matter if the body decide that the interest in question might affect prejudicially his consideration of the matter.

(3) For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the residuary body be a sufficient disclosure of the person's interest to the body.

(4) For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting.

10 (1) A residuary body shall regulate its own proceedings.

(2) The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members, or by any failure to comply with any requirement of paragraph 9 above.

11 (1) For a purpose other than is mentioned in sub-paragraph (2) below, a document is validly executed by a residuary body if signed on behalf of that body by their chairman, or by another of their members, or by a person authorised to sign the document on their behalf.

(2) For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by a residuary body if subscribed on behalf of the body by being executed in accordance with the provisions of sub-paragraph (1) above.

(3) A document which bears to have been executed by a residuary body in accordance with sub-paragraph (2) above shall, in relation to such execution, be a probative document if--

(a) the subscription of the document bears to have been attested by at least one witness; or

(b) the document bears to be sealed with the seal of the body.

Delegation

12 (1) Anything authorised or required by or under any enactment to be done by a residuary body may be done by any committee formed by them which, or by any of its members or officers who, is authorised (generally or specifically) for the purpose by the body.

(2) Nothing in sub-paragraph (1) above shall prevent a residuary body from doing anything that a committee, member or officer has been authorised to do.

Acquisition and disposal of land

13 (1) A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions.

(2) A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions.

Borrowing and lending

14 A residuary body may, subject to any directions by the Secretary of State, borrow and lend money for the purpose of carrying out any of their functions.

Provision of services

15 (1) A residuary body may by agreement with any relevant new authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services.

(2) In this paragraph "relevant new authority", in relation to a residuary body, means a new authority exercising functions in the area for which that body is established.

Provision of information by councils

16 A local authority shall, on request, supply a residuary body with such information as the body may reasonably require from that authority for the purpose of carrying out their functions.

Reports and information

17 (1) A residuary body shall publish an annual report on the discharge of its functions.

(2) A residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament.

(3) A residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.

Supervision by Commissioner for Local Administration in Scotland

18 A residuary body established under this Act shall be included among the authorities to which Part II of the 1975 Act applies.

Section 33(2).

SCHEDULE 4 Amendments of the 1972 Act

1 The 1972 Act shall be amended in accordance with this Schedule.

2 In section 4 (survey of planning districts)--

(a) for subsection (1) substitute--

" (1) It shall be the duty of the planning authority to keep under review the matters which may be expected to affect the development of their district or the planning of its development. " ;

(b) for subsection (2) substitute--

" (2) A planning authority may, if they think fit, institute a fresh survey, examining the matters referred to in subsection (1) above, of the whole or any part of their district, and references in subsection (3) of this section to the district of a planning authority shall be construed as including any part of that district which is the subject of a survey under this subsection. " .

3 In section 5 (preparation of structure plans), for subsection (1) substitute--

" (1) Where, as a result of the making of an order under section 4A of this Act, the area in respect of which a planning authority are obliged (whether acting alone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of subsection (3) below, together with a copy of the report of any survey which they have carried out under section 4(2) of this Act.

(1A) The Secretary of State may direct a planning authority to carry out their duty under subsection (1) above within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it.

(1B) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State's powers under section 15 of this Act and section 62B (power of Secretary of State to establish joint boards) of the [1973 c. 65.] Local Government (Scotland) Act 1973 each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters.

(1C) Where authorities submit alternative proposals under subsection (1B) above, such proposals shall be accompanied by a statement of the reasoning behind the proposals.

(1D) The provisions of section 8(2) of this Act shall apply in relation to structure plans submitted to the Secretary of State under this section as they apply in relation to the submission of alterations to structure plans submitted to him under that section. " .

4 In section 6 (publicity in connection with preparation of structure plans), after subsection (1) insert--

" (1A) Where authorities submit alternative proposals in relation to particular matters to the Secretary of State under section 5(1B) of this Act, their duty under subsection (1) above is to secure that adequate publicity is given in each of their districts to all the matters which either or any of them propose to include in the plan. " .

5 After section 6 insert--

" 6A Consultation with other planning authorities

Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a planning authority shall consult every other planning authority who are likely to be affected by the plan or proposals. " .

6 In section 7 (approval or rejection of structure plan by Secretary of State), in subsection (1), after "structure plan" insert "(including any alternative proposals included in the plan by virtue of section 5(1B) of this Act)".

7 In section 9 (preparation of local plans), before subsection (3) insert--

" (1A) Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may make a joint local plan extending to parts of each of their districts. " .

8 In section 15 (default powers of the Secretary of State)--

(a) in subsection (1)--

(i) in paragraph (a) the words ", after holding a local inquiry or other hearing," shall cease to have effect; and

(ii) for the words "carry out the survey" substitute "carry out a survey in accordance with the provisions of section 4 of this Act"; and

(b) after subsection (2) insert--

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