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

(The document as of February, 2008)

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

(iii) for the words from "and any" to "and to" substitute "any navigation authority exercising jurisdiction in relation to any watercourse from which water is proposed to be taken under the rights to be acquired, the river purification authority within whose area the stream is situated and any";

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

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

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

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

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

(n) in paragraph 31--

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

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

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

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

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

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

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

(d) in paragraph 5--

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

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

(e) paragraph 8 shall cease to have effect.

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

(a) in section 24(2)--

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

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

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

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

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

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

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

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

(b) in paragraph (h)--

(i) for "committee" substitute "board"; and

(ii) after "that Act" insert "or section 147 of the [1973 c. 65.] Local Government (Scotland) Act 1973"; and

(i) for "committee" substitute "board"; and

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

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

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

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

(6) In section 148 (planning control)--

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

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

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

The Public Passenger Vehicles Act 1981 (c. 14)

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

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

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

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

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

The Animal Health Act 1981 (c. 22)

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

The Finance Act 1981 (c. 35)

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

The Zoo Licensing Act 1981 (c. 37)

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

The Wildlife and Countryside Act 1981 (c. 69)

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

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

(3) In section 36(7) (marine nature reserves), in the definition of "local authority", in paragraph (b), for "regional council, an islands council or a district council" substitute "council constituted under section 2 of the Local Government etc. (Scotland) Act 1994".

The Civil Aviation Act 1982 (c. 16)

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

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

(a) in subsection (1)--

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

(ii) the words from "and a" to "above",

shall cease to have effect; and

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

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

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

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

The Stock Transfer Act 1982 (c. 41)

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

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

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

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

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

" 9 Part II of Schedule 1 to continue to have effect

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

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

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

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

" (3) In subsection (2) above, "water authority" shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994. " .

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

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

(a) in subsection (1)--

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

(ii) for paragraph (b) substitute--

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

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

(b) in subsection (2)--

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

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

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

" 17 Power of local authority to contribute towards provision of cultural activities and facilities

(1) A local authority may contribute by way of grant or loan towards the expenses of any organisation or body which, in the opinion of the authority, provides or promotes the provision of cultural activities or facilities whether inside or outside the area of the local authority concerned.

(2) Without prejudice to the generality of subsection (1) above, the power conferred by that subsection includes power to make such contribution as will support or promote music, theatre, dance, opera, visual art or other art forms and museums and galleries. " .

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

(a) in subsection (1)--

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

(ii) for "council" substitute "authority";

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

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

(ii) where it secondly occurs, substitute "authority".

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

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

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

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

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

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

(a) in subsection (1)--

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

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

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

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

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

(b) in paragraph (b), for "council" substitute "authority".

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

(14) In section 67 (interpretation), immediately before the definition of "the 1972 Act" insert--

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

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

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

129 (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".

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