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

(The document as of February, 2008)

-- Back --

Page 21

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22

(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) after the definition of "a service charge" insert--

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

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

(8) In Part I of Schedule 3 (grounds on which court may order recovery of possession), in paragraph 15(a), for "an islands council" substitute "the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles".

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 In Schedule 2 to the Access to Personal Files Act 1987 (accessible personal information: Scotland)--

(a) in paragraph 1, in the table, in the entry relating to "Social work authority", for "section 2(2)" substitute "section 5(1B)"; and

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

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

"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--

(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 [1973 c. 65.] 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

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) In section 31(8) (National Code of Local Government Conduct), 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".

(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) In section 8(1) (visiting committees), for "regional, island and district councils" substitute "councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994".

(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) In section 4(11)(c) (meaning of "local authority" in Scotland for purposes of Part I), for "an islands or district council" substitute "a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994".

(3) In section 30 (authorities for purposes of Part II), in each of subsections (1)(g), (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) In section 36 (procedures to be carried out where proposal to issue waste management licence)--

(a) in subsection (6), the words "(other than an islands council)" shall cease to have effect;

(b) in subsection (6)(a)--

(i) after "(i)" insert "where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles";

(ii) after sub-paragraph (ii) insert "and"; and

(iii) sub-paragraph (iii) shall cease to have effect;

(i) after "purification authority" insert "or"; and

(ii) the words "or the general planning authority" shall cease to have effect;

(d) in subsection (10)--

(i) after "conservancy body" insert "or";

(ii) the words "or general planning authority" shall cease to have effect;

(iii) after "the body" insert "or"; and

(iv) the words "or the general planning authority" shall cease to have effect.

(5) In section 39(8) (procedures to be carried out where proposal to accept surrender of licence)--

(a) the words "(not being an islands council)" shall cease to have effect;

(b) for paragraph (a) substitute--

" (a) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, refer the proposal to the river purification authority whose area includes any of the relevant land; " ; and

(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) In section 50(5)(a) (bodies to be consulted where waste disposal plan being prepared), sub-paragraph (iv) shall cease to have effect.

(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

" (5A) In this section "sewerage authority" shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994. "

(9) In section 54 (special provisions for land occupied by disposal authorities: Scotland)--

(a) in subsection (4)--

(i) in paragraph (b), for sub-paragraphs (i) to (iv) substitute--

" (i) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, to the river purification authority whose area includes any of the land in question;

(ii) to the Health and Safety Executive; and

(iii) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, in the case of a proposal to operate mobile plant, to the river purification authority whose area includes the area of the waste disposal authority; "

(ii) in paragraph (c)--

(a) after "purification authority" insert "or"; and

(b) the words "or the general planning authority" shall cease to have effect; and

(b) in subsection (5)--

(i) for the words from "above" to "(d)" substitute "(d)"; and

(ii) for the words "an islands council" substitute "the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles".

(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".

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22

-- Back --

Stat