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

(The document as of February, 2008)

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" (1A) If within two months after the service of a notice under subsection (1)(b) above the owner or occupier objects to the water authority about the proposed works (and that objection is not withdrawn), the authority shall not proceed to lay the main but shall refer the matter by summary application to the sheriff, who may--

(a) grant consent to the proposed works, either unconditionally or subject to such terms and conditions as he thinks just; or

(b) withhold his consent;

and the decision of the sheriff on the matter shall be final. " .

110 Vesting of certain supply pipes

In section 24 of the 1980 Act (which makes provision as regards communication and supply pipes)--

(a) in subsection (4)--

(i) after the word "road" there shall be inserted "and is not, by virtue of any of subsections (5) to (8) below, vested in them"; and

(ii) at the end there shall be added "and to the terms and conditions of any such agreement as is mentioned in subsection (8) below"; and

(b) after subsection (4) there shall be added--

" (5) Where the laying of a supply pipe is completed after such day as the Secretary of State may under this subsection by order appoint, so much of that pipe as may lie between a communication pipe with which it connects and the curtilage of the premises supplied shall, on such completion, vest in the water authority in whom is vested the communication pipe as shall any apparatus used wholly or mainly in connection with that supply pipe; and a supply pipe in so far as so lying is, together with any apparatus so used in connection with it, referred to in the following provisions of this section as a "relevant supply pipe".

(6) Subject to subsection (7) below, on such day as the Secretary of State may by order appoint, a relevant supply pipe which is not then vested in any water authority (and whose laying is complete) shall vest in the water authority in whom the communication pipe is vested.

(7) Subsection (6) above shall have no effect in relation to any relevant supply pipe in respect of which notice is both given and not withdrawn, within the period of three months before the day appointed under that subsection--

(a) to the water authority in question by the person (or as the case may be any one of the persons) in whom the pipe is, or will immediately before that day be, vested stating that he does not wish the pipe to vest in the water authority under that subsection; or

(b) to such person (or as the case may be persons) by the water authority stating that the pipe is inappropriate for the purpose of supplying water to the premises, whether by reason of its state of repair or otherwise,

but at any time after the appointed day the person, or as the case may be persons, in whom the pipe is vested may by notice specify a day on which he desires (or they desire) that the pipe shall vest in the authority and if the pipe is on that specified day appropriate for the purpose of supplying water to the premises it shall vest accordingly.

(8) If a relevant supply pipe does not vest in a water authority by virtue of subsection (6) or (7) above, the pipe may nevertheless vest by agreement in the authority--

(a) on such terms and conditions; and

(b) as from such day after the appointed day,

as the person (or persons) and the water authority consider appropriate.

(9) The water authority shall, at their own expense, carry out any necessary work of maintenance, repair or renewal of relevant supply pipes vested in them by virtue of any of subsections (5) to (7) above; but this subsection is without prejudice to the terms and conditions of any such agreement as is mentioned in subsection (8) above.

(10) Any dispute arising under subsection (7) above as to whether--

(a) a notice under paragraph (b) of that subsection should be withdrawn as unjustified;

(b) apparatus is used wholly or mainly in connection with a supply pipe; or

shall be referred by the person or persons in whom the pipe is vested to the Secretary of State, who may determine the dispute himself or, if he thinks fit, refer it for determination by arbitration. " .

111 Duty of water authority to keep map showing water mains etc

The following section shall be inserted after section 24 of the 1980 Act--

" 24A Keeping of map showing water mains, etc

(1) A water authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all water mains, communication pipes and supply pipes which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994; and the authority shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as the authority may determine.

(2) A water authority shall keep deposited at such of their offices, other than their principal office, as they consider appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and the authority shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, they do in relation to the map mentioned in that subsection at their principal office.

(3) For the purposes of subsection (2) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to the water authority to be appropriate having regard to the geographical location of that office. " .

112 Simplification of provisions as respects opting for water supply by meter

For section 41A of the 1980 Act (which makes provision as respects the supply of water by meter) there shall be substituted--

" 41A Supply of water by meter

The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon--

(a) the payment by the occupier of any reasonable charges made by the authority under section 35 of this Act; and

(b) the acceptance by him of such reasonable terms and conditions as may be published by the water authority under section 55(1) of this Act,

and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration. " .

113 Actings of Secretary of State on default of water authority

In section 76E(4) of the 1980 Act (which provides for enforcement, by default order, of requirements as to quality of water unless the Secretary of State is satisfied that failures complained of were of a trivial nature or that certain undertakings given are being complied with), in paragraph (a)--

(a) the words after "of", where it first occurs, shall be sub-paragraph (i) of the paragraph; and

(b) after that sub-paragraph there shall be added-- " ; or

(ii) are not continuing and are unlikely to recur; " .

114 Publication and provision of information as respects quality of private supplies of water

In section 76F of the 1980 Act (general functions of local authorities in relation to water quality), after subsection (6) there shall be added--

" (7) The Secretary of State may by regulations require a local authority--

(a) to publish information about the quality of private supplies of water for domestic or food production purposes to any premises in their area; and

(b) to provide information to prescribed persons about the quality of water so supplied.

(8) Regulations under subsection (7) above--

(a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b) may require the provision of information by a local authority to any person to be free of charge or may authorise it to be subject to the payment by that person to the authority of a prescribed charge; and

(c) may impose such other conditions on the provision of information by a local authority to any person as may be prescribed. " .

115 Regulations as to certain procedures

In section 101 of the 1980 Act (provisions as to regulations), after subsection (1A) there shall be added--

" (1B) The Secretary of State may by regulations make provision as to--

(a) the manner in which and the time within which a question or dispute may be referred (other than by him for determination by arbitration), or a request may be made, in pursuance of section 6(3), 9(4) or 24(10) of this Act and as to the procedure for dealing with any such reference or request; and

(b) the manner in which, subject to sections 76G and 76H of this Act, written representation or objection may be made, submitted or withdrawn under subsection (2) of the said section 76H. " .

Miscellaneous provisions as respects new authorities

116 Power of Secretary of State to give directions to new authorities

(1) Subject to subsection (2) below, the Secretary of State may under this subsection give a new water and sewerage authority directions of a general or specific character (but not such directions as may be given under section 117 of this Act) as to the exercise of the authority's functions; and it shall be the duty of the authority to comply with those directions.

(2) Before giving an authority directions under subsection (1) above, the Secretary of State shall consult the authority.

117 Directions in the interests of national security

(1) The Secretary of State may, after consultation with a new water and sewerage authority, give the authority such directions of a general character as appear to him requisite or expedient--

(a) in the interests of national security; or

(b) for the purpose of mitigating the effects of any civil emergency which may occur.

(2) If it appears to the Secretary of State to be requisite or expedient to do so in the national interest or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with a new water and sewerage authority, give the authority a direction requiring that they do, or as the case may be do not do, a particular thing specified in the direction.

(3) A new water and sewerage authority, notwithstanding any other duty imposed on them by, under or by virtue of this or any other Act, shall comply with any direction given to them under this section by the Secretary of State.

(4) The Secretary of State shall lay before each House of Parliament a copy of a direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.

(5) A person shall not disclose, or be required on any basis whatsoever to disclose, anything done by virtue of this section if the Secretary of State is of the opinion that disclosure of the thing would be against the interests of national security and has notified him of that opinion.

(6) A person who, in contravention of subsection (5) above, discloses anything shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(7) In subsections (1) and (2) above, "civil emergency" means a natural disaster or other emergency which in the opinion of the Secretary of State is, or may be, likely--

(a) so to disrupt water supplies, the provision of sewerage or disposal of sewage in; or

(b) to involve such destruction of, or damage to, life or property in,

any area as seriously and adversely to affect all the inhabitants of the area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.

118 Provision of information, etc

(1) A new water and sewerage authority shall provide the Secretary of State with such information relating to the exercise (and proposed exercise) of their functions as he may from time to time require, and for that purpose shall--

(a) permit any person authorised to do so by the Secretary of State to inspect and make copies of their accounts, books, documents or papers; and

(b) provide that person with such explanations in relation to the things inspected as the person may reasonably require.

(2) As respects, and as soon as possible after the end of, each financial year, a new water and sewerage authority shall make to the Secretary of State a report on the exercise of their powers, and the performance of their functions.

(3) The Secretary of State shall lay before each House of Parliament a copy of each report received by him under subsection (2) above.

119 Records held by new authorities

(1) Subject to subsection (3) below--

(a) this section applies to all records (in whatever form or medium)--

(i) transferred to and vested in a new water and sewerage authority by virtue of section 91(1) of this Act;

(ii) created or acquired by them in the exercise of any of their functions; or

(iii) otherwise in their keeping;

(b) the authority shall ensure that the records, other than such as are mentioned in paragraph (c) below, are preserved and managed in accordance with such arrangements as the authority, after consulting the Keeper of the Records of Scotland, shall put into effect;

(d) the authority may from time to time revise the arrangements mentioned in paragraph (b) above but before making any material change to those arrangements shall consult the Keeper; and

(e) the authority--

(i) shall secure that the Keeper has at all reasonable hours, unrestricted access to the records preserved by them;

(ii) may afford members of the public, free of charge or on payment of reasonable charges, facilities for inspecting, and for obtaining copies or extracts from, those records.

(2) Nothing in subsection (1)(e)(ii) above permits infringement of copyright or contravention of conditions subject to which records are in the keeping of the authority.

(3) In so far as any provision of, or inserted or amended by, this Part of this Act, being a provision which relates to records of a specific kind, is (but for this subsection) inconsistent with subsection (1) above, that subsection is subject to the provision in question.

120 Duty of new authorities to collaborate

(1) The new water and sewerage authorities shall, in matters of common interest which relate to the performance of their functions, consult together and collaborate with each other.

(2) Where a new water and sewerage authority propose to investigate a potential new source of water supply they shall, as soon as is practicable, give to any other such authority likely to be interested, notice of the proposal so that such consultation as is required in relation to the proposal by subsection (1) above may then begin.

121 Power of new authorities to promote or oppose private legislation

(1) A new water and sewerage authority may, where they are satisfied that it is expedient to do so--

(a) with the consent of the Secretary of State, petition for the issue of a provisional order under the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936; or

(b) oppose any private legislation in Parliament.

(2) The consent mentioned in paragraph (a) of subsection (1) above shall be withheld if the Secretary of State considers that the powers sought by the order petitioned for could be obtained by means of an order under the 1980 Act or, as the case may be, under the 1968 Act.

(3) An application for the consent so mentioned shall be accompanied by a concise summary of the purposes of the order petitioned for.

(4) In paragraph (b) of subsection (1) above, "private legislation in Parliament" includes--

(a) a provisional order and a Confirmation Bill relating to such an order; and

(b) any local or personal Bill.

122 Supply of goods and services to new authorities by local authorities

The powers conferred by section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) shall be exercisable by a local authority as if the new water and sewerage authorities were public bodies within the meaning of that section.

123 Power to require local authorities and assessors to supply information to new authorities

(1) The Secretary of State may, by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, require a local authority or an assessor to furnish relevant information (whether in documentary form or in such other form as he may specify) to a new water and sewerage authority.

(2) For the purposes of subsection (1) above, information is relevant if, being information held--

(a) by the local authority in connection with their--

(i) setting, levying or collecting council tax or council water charges (within the meaning of Part II of the [1992 c. 14.] Local Government Finance Act 1992) or the non-domestic water rate or non-domestic sewerage rate (as defined in paragraphs (c) and (d) of section 99(2) of that Act before the repeal of those paragraphs by this Act); or

(ii) levying or collecting the non-domestic rate (as for the time being defined in section 37(1) of the 1975 Act); or

(b) as the case may be, by the assessor in connection with his functions under any enactment,

its possession by the new water and sewerage authority would, in the opinion of the Secretary of State, be likely to assist that authority to make a charges scheme or to collect, or arrange to have collected, such charges as may be fixed by a charges scheme made by them.

(3) In the application of subsections (1) and (2) above to any requirement to furnish information imposed--

(a) before 1st April 1996, "local authority" means a regional or islands council and "assessor" an assessor appointed under section 116(2) or (5) of the 1973 Act; and

(b) on or after that date--

(i) "local authority" means a council constituted under section 2 of this Act or a residuary body; and

(ii) "assessor" shall be construed in accordance with section 27 of this Act.

(4) Without prejudice to the generality of subsections (1) and (2) above, in those subsections "information" includes a copy of the whole, or of any part of, a valuation roll or valuation list.

Other miscellaneous provisions

124 Cancellation of obligation to contribute towards certain expenses incurred as respects sewerage, or disposal of sewage, in rural localities

Any contribution which the Secretary of State undertook, before 1st April 1986, to make towards such expenses as are mentioned in section 1(1)(b) of the [1944 c. 26.] Rural Water Supplies and Sewerage Act 1944 (expenses incurred by a local authority in making adequate provision for the sewerage, or the disposal of the sewage, of a rural locality), and which, though payable on or after that date has not been paid, shall cease to be exigible.

General

125 Interpretation of Part II

In this Part of this Act--

"the Board" means the Central Scotland Water Development Board;
"charges scheme" has the meaning given by section 76(1);
"the Customers Council" means the Scottish Water and Sewerage Customers Council (provision for the establishment of which is made by section 67(1));
"financial year" has the meaning given by section 87(3);
"local authority" means, subject to section 123(3), a council constituted under section 2;
"the new water and sewerage authorities" has the meaning given by section 62(2);
"the 1968 Act" means the [1968 c. 47.] Sewerage (Scotland) Act 1968;
"the 1980 Act" means the [1980 c. 45.] Water (Scotland) Act 1980;
"successor" shall be construed in accordance with section 92(9);
"transfer date" has the meaning given by subsection (1) of section 91 and "transfer scheme" the meaning given by subsection (2) of that section.

126 Orders under Part II

Any power to make an order under this Part of this Act is exercisable by statutory instrument.

Part III The Principal Reporter and the Scottish Children's Reporter Administration

The Principal Reporter

127 The Principal Reporter

(1) There shall be an officer, to be known as the "Principal Reporter", to whom there are hereby transferred the functions under the [1968 c. 49.] Social Work (Scotland) Act 1968 (hereafter referred to in this Part of this Act as "the 1968 Act") and the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 of reporters appointed under subsection (1) of section 36 of the 1968 Act, which subsection shall cease to have effect.

(2) The first appointment to the office of Principal Reporter shall be made by the Secretary of State on such terms and conditions as he may, with the approval of the Treasury, determine.

The Scottish Children's Reporter Administration

128 The Scottish Children's Reporter Administration

(1) There shall be a body, to be known as the "Scottish Children's Reporter Administration" (hereinafter in this Act referred to as the "Administration").

(2) The Principal Reporter shall be the chief officer of the Administration.

(3) The general purpose of the Administration shall be to facilitate the performance by the Principal Reporter of his functions under the 1968 Act and the Criminal Procedure (Scotland) Act 1975.

(4) Appointments to the office of Principal Reporter subsequent to the first such appointment shall be made by the Administration with the consent of the Secretary of State on such terms and conditions as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(5) The Administration shall have such other officers as are necessary in order to assist the Principal Reporter; they shall, subject to section 137 of this Act, be appointed by the Administration on such terms as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(6) Schedule 12 to this Act (which provides as to the status, constitution and proceedings of the Administration and other matters relating to it) shall have effect.

(7) The Administration shall be responsible for the management of its officers, including their discipline and removal from office and their deployment throughout Scotland for the purposes of performing their duties.

(8) Nothing in this section or any other provision of this Act shall be taken as authorising the Administration to direct or guide the Principal Reporter in the performance of his functions under the 1968 Act and the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975.

129 Appeal against dismissal of Principal Reporter and other officers

(1) If dismissed by the Administration, the Principal Reporter or any prescribed officer of the Administration may appeal to the Secretary of State against the dismissal.

(2) An officer may be prescribed for the purposes of this section by reference to a class thereof so prescribed.

(3) In an appeal under this section the Administration shall be the respondent.

(4) The--

(a) procedure in relation to an appeal under this section;

(b) effect of the making of such an appeal;

(c) powers of the Secretary of State to dispose of such an appeal (including powers to make directions as to liability for expenses); and

(d) effect of the exercise of such powers

shall be as prescribed.

(5) In this section, "prescribed" means prescribed by regulations made by the Secretary of State.

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

Additional functions of the Principal Reporter

130 Annual report of Principal Reporter

(1) The Principal Reporter shall--

(a) as soon as possible after the 31st March following upon the coming into force of this section make a report to the Administration on the exercise and performance to that date of--

(i) his functions under the 1968 Act and the Criminal Procedure (Scotland) Act 1975; and

(ii) such functions as it has delegated to him under this Act; and

(b) make similar reports as to each subsequent period of twelve months ending on 31st March as soon as possible after the end of that period.

(2) If the date on which this section comes into force falls on a day after 30th September and before 31st March, the first report by the Principal Reporter under this section shall be for the period ending with the next succeeding 31st March.

131 Delegation of Principal Reporter's functions

(1) The Principal Reporter may delegate functions (other than that of making reports under section 130 of this Act) to other officers of the Administration.

(2) In performing any function delegated to him under subsection (1) above, an officer shall comply with any instructions or guidance given by the Principal Reporter.

(3) Any delegation made under subsection (1) above or instruction or guidance given for the purposes of subsection (2) above may be--

(a) to all officers, or to a class or classes of officer specified in the delegation, instruction or, as the case may be, guidance or to an individual officer so specified;

(b) of a general or specific character,

and may be varied or revoked by a subsequent delegation so made or a subsequent instruction or, as the case may be, subsequent guidance so given.

Functions of the Administration

132 Duty of Administration to provide accommodation etc. for children's hearings

(1) The Administration shall provide suitable accommodation and facilities for children's hearings under section 34 of the 1968 Act.

(2) Accommodation and facilities provided under subsection (1) above shall be provided for each local government area (but may be sited in another) and shall be dissociated from criminal courts and police stations.

133 Ancillary powers of Administration

The Administration shall have power to do all such things as are incidental or conducive to the achievement of its general purpose and the performance of its functions, including power to acquire, hold and dispose of land or any interest in or right over land.

134 Directions by the Secretary of State

(1) The Secretary of State may give the Administration directions of a general or specific character with regard to the achievement of its general purpose and discharge of its functions, and the Administration shall comply with any such directions.

(2) A direction given under this section may be varied or revoked by a subsequent direction so given.

Finance of the Administration

135 Government grants to the Administration

(1) The Secretary of State may, with the approval of the Treasury, make to the Administration grants of such amounts as he thinks fit.

(2) A grant under this section may be made subject to such conditions as the Secretary of State may, with the approval of the Treasury, determine.

Reports, accounts etc. of the Administration

136 Reports, accounts etc. of the Administration

(1) The Administration shall--

(a) furnish the Secretary of State with such returns, accounts and other information with respect to its property and activities or proposed activities as he may, from time to time, require;

(b) afford him facilities for the verification of information so furnished; and

(c) for the purpose of such verification, permit any person authorised in that behalf by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the Administration and to give that person such explanation of anything he is entitled to inspect as he may reasonably require.

(2) The Administration shall--

(a) as soon as possible after the 31st March following upon the coming into force of section 128 of this Act make a report to the Secretary of State on the exercise and performance of its functions to that date incorporating in that report a copy of so much of the report made to it by the Principal Reporter as to that period as was made under section 130(1)(a)(i) of this Act; and

(b) make a similar report to him as to each subsequent period of twelve months ending on 31st March as soon as possible after the end of such period,

and a copy of every such report shall be laid before each House of Parliament by the Secretary of State:

Provided that if the date upon which the said section 128 comes into force falls on a day after 30th September and before 31st March, the first report of the Administration under this section shall be for the period ending with the next succeeding 31st March.

(3) The Administration shall keep proper accounts and other records, and shall prepare for each financial year a statement of account in such form as the Secretary of State with the approval of the Treasury may direct and shall submit those statements of account to the Secretary of State at such time as he may with the approval of the Treasury direct.

(4) The Secretary of State shall, on or before the 30th November in any year, transmit to the Comptroller and Auditor General the statement of account of the Administration for the financial year last ended.

(5) The Comptroller and Auditor General shall examine and certify the statements of account transmitted to him under subsection (4) above, and shall lay copies of them together with his report thereon before each House of Parliament.

(6) In this section "financial year" means the period beginning with the date upon which section 128 of this Act comes into force and ending with the 31st March following that date and each period of twelve months thereafter:

Provided that if the date upon which the said section 128 comes into force falls on a day after 30th September and before 31st March, the first financial year of the Administration shall end with the next succeeding 31st March.

General and supplemental

137 Staff: application of Chapter 2 of Part I

(1) Sections 8 (except subsections (3) and (4)), 9 and 12 of this Act shall apply also in relation to the transfer to the Administration of officers appointed under subsection (1) of section 36 of the 1968 Act and staff provided in pursuance of subsection (6) of that section with the following modifications--

(a) references to an existing local authority shall include references to an islands council and references to a new authority shall be construed as references to the Administration; and

(b) the reference in section 12(2)(a) to authorities which cease to exist by virtue of Chapter 1 of Part I of this Act shall include a reference to authorities which cease to have functions under section 36(1) and (6) of the 1968 Act.

(2) Section 10 of this Act shall, with the modification specified in subsection (3) below, apply in relation to persons ceasing to be officers appointed or staff provided as mentioned in subsection (1) above and being subsequently employed by the Administration as it applies in relation to persons ceasing to be employed by an existing local authority and being subsequently employed by another person.

(3) The modification referred to in subsection (2) above is that references in section 10 of this Act to an existing local authority shall include references to an islands council.

(4) Section 11 of this Act shall apply also in relation to the remuneration of officers appointed and staff provided as mentioned in subsection (1) above with the following modifications--

(a) references to an authority shall be construed as references only to an existing local authority and references to an existing local authority shall include references to an islands council;

(b) the reference in subsection (5) to the Secretary of State consulting associations of local authorities and employees of local authorities shall include a reference to the Secretary of State consulting the Administration; and

(c) the reference in subsection (7) to an authority not having ceased to exist shall include a reference to an authority not having ceased to have functions under section 36(1) and (6) of the 1968 Act.

(5) Section 13 of this Act shall apply in relation to officers appointed or staff provided as mentioned in subsection (1) above with the modification that references in that section to an existing local authority shall include references to an islands council.

138 Property etc.: application of Chapter 3 of Part I

(1) Chapter 3 of Part I of this Act shall, with the modifications specified in subsection (2) below, apply in relation to the transfer to the Principal Reporter or the Administration of the property, rights, liabilities and obligations of reporters appointed under section 36(1) of the 1968 Act and such property, rights, liabilities and obligations as a local authority for the purpose of that Act has for the purposes of--

(a) their functions under section 34(3) of that Act (duty to provide suitable accommodation and facilities for children's hearings); or

(b) providing accommodation and facilities for, or otherwise facilitating or supporting the performance of the functions of, reporters appointed under subsection (1) of section 36 of the 1968 Act or staff provided in pursuance of subsection (6) of that section.

(2) The modifications referred to in subsection (1) above are as follows--

(a) references in Chapter 3 of Part I of this Act to existing local authorities shall include references to reporters appointed under section 36(1) of the 1968 Act and to islands councils; and

(b) references in that Chapter to new local authorities shall include references to the Principal Reporter and to the Administration.

Part IV Miscellaneous

Social work

139 Report by local authority for purpose of investigation preliminary to children's hearing

(1) In section 38 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (initial investigation of cases by the reporter), after subsection (1), there shall be inserted--

" (1A) For the purposes of making any initial investigation under subsection (1) above, the Principal Reporter may request from the local authority a report on the child and his social background and it shall be the duty of the authority to supply the report which may contain information from any such person as the Principal Reporter or the local authority may think fit.

(1B) A report requested under subsection (1A) above may contain information additional to that given by the local authority under section 37(1A)(b) of this Act. " .

(2) In section 39 of that Act (action on initial investigation), after subsection (4), there shall be inserted the following subsection--

" (4A) A report requested under subsection (4) above may contain information additional to that given in a report under section 38(1A) of this Act. " .

Voluntary organisations

140 Power of local authorities to provide assistance to voluntary organisations

In section 88 of the 1973 Act (provision of information etc. on matters relating to functions of local authority), after subsection (2) there shall be inserted--

" (3) A local authority may assist voluntary organisations to provide for individuals--

(a) information and advice concerning those individuals' rights and obligations; and

(b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations. " .

Byelaws

141 Byelaws under section 121 of Civic Government (Scotland) Act 1982

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