Legalize / United Kingdom / Public General Act

Local Government etc. (Scotland) Act 1994

Type Public General Act

Publication 1994-11-03

Last updated 2023-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(81A) (1) This section applies where a public road is carried by a bridge over a waterway and the bridge lies partly in the areas of two local roads authorities. (2) Where this section applies, the authorities concerned may make arrangements as to— (a) which of them shall be the roads authority in relation to that bridge; (b) the performance by such roads authority in relation to the bridge of any of the roads functions of the other authority; and (c) the making of contributions by that other authority to the roads authority in respect of expenditure incurred in the performance of those functions. (3) Where arrangements are not made as mentioned in subsection (2) above, the Secretary of State may, on the application of one of the roads authorities concerned, make a determination in respect of the matters mentioned in paragraphs (a) to (c) of that subsection. (4) A determination of the Secretary of State under subsection (3) above shall be binding.

Public transport

Establishment etc. of Strathclyde Passenger Transport Authority

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(1) With effect from 1st April 1996 there shall be a Passenger Transport Authority to be known as the Strathclyde Passenger Transport Authority (in this section referred to as “the Authority”) for the Strathclyde Passenger Transport Area for the purposes of Part II of the Transport Act 1968.

(2) On 1st April 1996 all of the functions, staff, property, rights, liabilities and obligations of Strathclyde Regional Council as Passenger Transport Authority shall be transferred to and vest in the Authority.

(3) Section 9 of this Act shall apply to any person transferred to the Authority under this section as if any reference in that section to a new authority included a reference to the Authority.

(4) The Secretary of State may by order—

(a) designate the passenger transport area of the Authority; and

(b) make provision for the constitution and membership of the Authority in accordance with the provisions of Schedule 5 to this Act.

(5) Without prejudice to the provisions of the said Schedule 5, an order under subsection (4) above shall include—

(a) such provision with respect to any of the matters referred to in that Schedule; and

(b) such supplementary, incidental and consequential provision,

as the Secretary of State considers necessary or expedient.

(6) Before making an order under subsection (4) above the Secretary of State shall consult such persons or bodies as he thinks fit.

(7) The following provisions of the 1973 Act shall apply, subject to any necessary modifications, with respect to the Authority as they apply with respect to a local authority or, in the case of section 106(2), a body, that is to say—

(a) section 95 (financial administration);

(b) section 96 (accounts and audit);

(d) section 97A (studies for improving economy etc. in services);

(e) section 97B (furnishing of information and documents to Commission);

(f) section 98 (expenses and accounts of Commission);

(g) section 99 (general duties of auditors);

(h) section 100 (auditor’s right of access to documents);

(i) section 101 (right of interested person to inspect and object to accounts: completion of audit);

(j) section 102 (reports to Commission by Controller of Audit);

(k) section 103 (action by Commission on reports by Controller of Audit);

(l) section 104 (action by Secretary of State on recommendation by Commission under section 103(3));

(m) section 105 (regulations as to accounts); and

(n) section 106(2) (accounts of officer to be audited in certain circumstances).

(8) The Secretary of State may by order vary the passenger transport area of the Authority.

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

(10) Schedule 5 to this Act (which makes provision for the constitution, proceedings etc. of the Authority) shall have effect.

Amendment of section 13 of Transport Act 1968

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For section 13 of the Transport Act 1968 (grants to the Executive) there shall be substituted—

(13) (1) Any expenditure of the Strathclyde Passenger Transport Authority shall, in so far as not otherwise met, be met by the local authorities whose areas lie wholly or partly within the area of the Authority in such proportions as the authorities may agree. (2) Where— (a) the authorities mentioned in subsection (1) above cannot reach agreement as to the proportions in which the expenditure of the Authority shall be met by them and the Authority make an application to the Secretary of State for resolution of the matter; or (b) it appears to the Secretary of State that those authorities are unable to reach such agreement, the Secretary of State shall determine the proportions in which such expenditure shall be met by those authorities. (3) The Authority shall have power to make grants to the Executive for any purpose.

Traffic

Power to secure management of traffic control system

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(1) Where the Secretary of State considers that—

(a) for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and

(b) the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control,

he may make an order under this section.

(2) An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system.

(3) The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above.

(4) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions—

(a) as may be agreed between the authorities; or

(b) where there is no agreement, as may be determined by him.

(5) In this section—

“road” has the same meaning as in the Roads (Scotland) Act 1984; and

“traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984.

Guidance as to exercise of traffic powers

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(1) For the purpose of ensuring that the exercise by an authority of any of the powers mentioned in subsections (2) and (3) below does not have an adverse effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—

(a) on the roads of any other authority; or

(b) on the national system of routes for through traffic in Scotland,

the Secretary of State may issue guidance to an authority as to the exercise of those powers.

(2) The powers referred to in subsection (1) above are the powers of an authority to make, vary or revoke orders under or by virtue of any of the following sections of the Road Traffic Regulation Act 1984, that is to say—

(a) section 1 (traffic regulation orders);

(b) section 9 (experimental traffic orders);

(d) section 32 (provision of parking places by authorities);

(e) section 35 (orders as to use of parking places);

(f) section 37 (orders relating to general scheme of traffic control);

(g) section 38 (orders as to use of parking places as bus or coach stations);

(h) section 45 (orders designating paying parking places);

(i) section 46 (further orders regulating paying parking places);

(j) section 49 (designation orders and designated parking places);

(k) section 53 (designation orders);

(l) section 82(2) (directions concerning restricted roads); and

(m) section 84 (speed limits on certain roads).

(3) The powers referred to in subsection (1) above are the powers of an authority under sections 36 (construction of road humps) and 39A (construction of traffic calming works) of the Roads (Scotland) Act 1984.

(4) Before issuing guidance under this section the Secretary of State shall consult

(a) the Common Services Agency for the Scottish Health Service in respect of the provision by them of an ambulance service by virtue of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974

(b) the chief constable of the Police Service of Scotland,

(d) the authorities for the areas to which the guidance relates.

for the areas to which the guidance relates.

(5) Without prejudice to his power to make regulations under paragraph 21 of Schedule 9 to the Road Traffic Regulation Act 1984 or, as the case may be, section 39B(1) of the Roads (Scotland) Act 1984, the Secretary of State may by regulations make provision as to the procedures to be followed by authorities in relation to the guidance.

(6) An authority shall, before exercising any power mentioned in subsections (2) and (3) above, and subject to any regulations made under subsection (5) above—

(a) have regard to any guidance issued to them under this section;

(b) consider whether the proposed exercise of such power would be likely to have an effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—

(i) on a road in the area of any other authority; or

(ii) on a road in the national system of routes for through traffic in Scotland; and

(i) in the case of a road such as is mentioned in paragraph (b)(i) of this subsection, the other authority; or

(ii) in the case of a road such as is mentioned in paragraph (b)(ii) of this subsection, the Secretary of State.

(7) Where an authority take any action which, in the opinion of the Secretary of State—

(a) is contrary to any guidance issued to the authority under this section; and

(b) has or is likely to have an adverse effect on either of the matters referred to in paragraphs (a) and (b) of subsection (1) above,

the Secretary of State may, after consulting the authority, direct the authority to take such steps within a period specified by him as may be necessary to conform with that guidance.

(8) If, in the opinion of the Secretary of State, an authority have failed to comply with a direction under subsection (7) above, he may exercise any of their powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from that authority.

(9) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section—

“authority” means—in relation to the exercise of the powers mentioned in subsection (2) above, a traffic authority (within the meaning of the Road Traffic Regulation Act 1984); andin relation to the exercise of the powers mentioned in subsection (3) above, a roads authority (within the meaning of the Roads (Scotland) Act 1984); and

“road” has the same meaning as in the Roads (Scotland) Act 1984.

Restriction on order-making powers of existing authorities

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(1) Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order—

(a) will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and

(b) will continue in effect after 31st March 1996,

they shall, before making the order, seek the consent of the successor authority.

(2) The orders referred to in subsection (1) above are any orders made under the following provisions of the Road Traffic Regulation Act 1984—

(a) section 1 (traffic regulation orders);

(b) section 9 (experimental traffic orders);

(d) section 32 (provision of parking places by authorities);

(e) section 35 (orders relating to use of parking places);

(f) section 37 (orders as to general scheme of traffic control);

(g) section 45 (orders designating paying parking places);

(h) section 46 (further orders regulating paying parking places); and

(i) section 84 (speed limits on certain roads).

(3) Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.

(4) Where—

(a) a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and

(b) the successor authority have failed, within 6 weeks of such consent being sought, to consent,

the successor authority shall be deemed to have given such consent.

(5) In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.

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—For section 3 of the Social Work (Scotland) Act 1968 (director of social work), there shall be substituted the following section—

(3) (1) For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer. (2) The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.

Chapter 7 — Miscellaneous

Licensing boards

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Proceedings in district courts: transitional provisions

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Where proceedings were instituted before 1st April 1996 in any district court and those proceedings have not been completed by that date, then, for the purpose of enabling those proceedings to be continued on and after that date, and for preserving in other respects the continuity of the administration of justice—

(a) the district court having jurisdiction on and after that date in the area where the proceedings were instituted shall be treated as succeeding to, and being the same court as, the district court in which the proceedings were instituted, and any verdict, sentence, order, complaint, notice, citation, warrant, or other proceedings or document shall have effect accordingly; and

(b) the clerk of the district court in which the proceedings were instituted shall transfer all records, productions and documents relating to those proceedings to the clerk of the district court treated as succeeding to that court.

Amendment of District Courts (Scotland) Act 1975

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In section 2 of the District Courts (Scotland) Act 1975 (district of, and exercise of jurisdiction by, district court), after subsection (1) there shall be inserted the following subsection—

(1A) In determining where and when a district court should sit, a local authority shall have regard to the desirability of minimising the expense and inconvenience occasioned to those directly involved, whether as parties or witnesses, in the proceedings before the court.

Justices of the peace

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(1) Any person holding office as justice of the peace for any commission area by virtue of the provisions of section 9(2) or 10(3) of the District Courts (Scotland) Act 1975 immediately before 1st April 1996 shall, on and after that date, hold office as justice of the peace for the commission area in which he resides on that date.

(2) Any person holding office as justice of the peace for any commission area on and after 1st April 1996 by virtue of the provisions of subsection (1) above shall hold that office as if appointed in accordance with the said section 9(2).

(3) Where the Secretary of State is satisfied in all the circumstances that it is expedient that any such person as is mentioned in subsection (1) above should hold that office for another commission area, he may so direct; and any such direction shall have effect, and shall be treated for the purposes of the said Act of 1975, as an instrument appointing that person in accordance with the said section 9(2) to hold office for such commission area as is mentioned in the direction.

Stipendiary magistrates

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Registration of births, deaths and marriages

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(1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with the provisions of this section.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 8 (registration offices)—

(a) in subsection (1), after the words “registration office” there shall be inserted the words “ which may comprise principal premises and such subordinate premises as they may, with the approval of the Registrar General, consider appropriate ”; and

(b) at the end there shall be inserted the following subsection—

(6) References in this Act to the registration office shall, unless the context otherwise requires, be construed as including all the premises provided and maintained by a local registration authority as parts of the registration office.

(4) In section 15 (information concerning finding of infant children)—

(a) in subsections (1) and (3), for the words “director of social work” there shall be substituted “ chief social work officer ”; and

(b) subsection (4) shall cease to have effect.

(5) In section 56(1) (interpretation), after the definition of “function” there shall be inserted the following definition—

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

Tweed Fisheries Commissioners

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(1) On 1st April 1996 each person holding office as representative commissioner appointed by any of the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale or Tweeddale under the Tweed Fisheries Act 1969 shall go out of office.

(2) The function of appointing representatives formerly appointed by the councils mentioned in subsection (1) above shall be transferred to the new council for the Borders.

(3) In Schedule 1 to the said Act of 1969, for the entries relating to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale there shall be substituted the entry relating to the Borders Council set out in Schedule 6 to this Act.

Records held by local authorities

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a local authority hold records relating to the property or functions of any other local authority, that other authority shall, subject to any arrangements made under section 58 of this Act or section 56 of the 1973 Act by the two authorities—

(a) be entitled to free access to, and copies of, any such records; and

(b) pay to the local authority holding the records such proportion of the costs incurred by that authority in preserving and managing the records—

(i) as the authorities may agree; or

(ii) as may, failing such agreement, be determined by the Secretary of State.

(5) The Keeper shall be entitled to free access to any records held by a local authority.

(6) For the purposes of this section and section 54 of this Act “records” includes charters, deeds, minutes, accounts and other documents, and any other records, of whatever form and in whatever medium, which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland.

Use, acquisition and disposal of records

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(1) A local authority may do anything which appears to them to be appropriate for the purpose of enabling proper use to be made of their records and, without prejudice to the generality of the foregoing, may—

(a) make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;

(b) prepare, or procure or assist in the preparation of, indices and guides to and calendars and summaries of the records;

(c) publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;

(d) hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;

(e) direct that the records be temporarily entrusted to other persons for exhibition or study.

(2) Nothing in subsection (1) above shall be taken as authorising the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of an authority.

(3) A local authority may—

(a) acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest;

(b) accept the gift of records which or, in the case of a collection, the majority of which appear to the authority to be of general or local interest.

(4) A local authority may accept the deposit of records—

(a) authorised to be deposited with it by any enactment; and

(b) which appear to the authority to be of general or local interest.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disposal of assets and entering into contracts by existing authorities

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(1) On and after the relevant date, an existing authority shall not, without the consent of the relevant successor authority or, in a case to which subsection (9) below applies, the Secretary of State—

(a) without prejudice to section 74 of the 1973 Act (disposal of land), dispose of any land for a consideration exceeding £250,000; or

(b) enter into any of the contracts mentioned in subsection (2) below.

(2) The contracts referred to in subsection (1)(b) above are—

(a) contracts—

(i) in terms of which the authority incurs a liability to meet capital expenses within the meaning of section 94 of the 1973 Act (capital expenses); and

(ii) where the consideration exceeds £2,500,000; and

(b) contracts, other than contracts such as are mentioned in sub-paragraph (a)(i) above—

(i) the period of which purports to extend beyond 31st March 1996 or is capable of being so extended; and

(ii) where the consideration exceeds £250,000.

(3) The relevant date for the purposes of this section is such date as the Secretary of State may by order made by statutory instrument determine; and different such dates may be so determined in respect of any of the successor authorities mentioned in subsections (4) to (8) below or, in a case to which subsection (9) below applies, the Secretary of State.

(4) Subject to subsections (5) to (8) below, the relevant successor authority in relation to any proposed disposal or contract by a regional or district council is—

(a) in relation to any disposal of land, the new local authority within whose area the land will be situated; and

(b) in relation to any other contracts, any new local authority whose area will include the whole or any part of the area of the existing local authority.

(5) The relevant successor authority in relation to any proposed disposal of relevant property (within the meaning assigned by paragraph (b) of section 91(1) of this Act) or proposed contract in so far as it relates to functions mentioned in that paragraph is, in the case of—

(a) Lothian, Borders, Fife or Central Region, the East of Scotland Water Authority;

(b) Strathclyde or Dumfries and Galloway Region, the West of Scotland Water Authority; and

(6) The relevant successor authority in relation to any proposed disposal or contract by the Central Scotland Water Development Board is the East of Scotland Water Authority.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Where—

(a) a disposal of land such as is mentioned in subsection (1)(a) above is of land held or acquired by the authority for the construction or improvement of any road; or

(b) a contract such as is mentioned in subsection (2) above is for works for the construction or improvement of any road; and

(c) where, in either case, the Secretary of State has given notice to the authority concerned of his intention to make an order under section 12A(1)(a), 12B(1)(a), 12C(1)(b), 12E(1) or 12E(3) of the Roads (Scotland) Act 1984 directing that a road or proposed road should become a trunk road or that he should be authorised to provide a special road,

the consent required shall, in either case, be that of the Secretary of State.

(10) The requirement to seek consent imposed by this section shall not apply to—

(a) any disposal of land in respect of which the consent of the Secretary of State is required under section 12(7) of the Housing (Scotland) Act 1987; and

(b) any contract entered into by an existing authority in or in connection with the exercise of the power conferred on them by section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).

(11) This section applies to any granting of an option to require an existing authority to make a disposal of land or enter into a contract which would require the consent of a successor authority or the Secretary of State as it applies to such a disposal or contract.

(12) In this section “existing authority” means a regional or district council, the Central Scotland Water Development Board, ... . . . and, for the purposes of the matters mentioned in subsection (5) above, includes an islands council.

Duty of existing authorities and assessors to provide information to new authorities

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(1) Subject to the provisions of this section, existing local authorities and assessors shall provide new authorities with such information as the latter may reasonably require for the purpose of carrying out, whether before or after 1st April 1996, any of their functions.

(2) A new authority may not require information to be provided from any existing authority or assessor whose area does not correspond, at least in part, with the area of the new authority.

(3) An assessor shall not be required under subsection (1) above to provide any information to a new authority which he is not required to provide to an existing authority.

(4) In this section—

“assessor” means an assessor appointed under section 116 of the 1973 Act (appointment of assessors);

“existing local authority” includes a joint committee and a joint board; and

“new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.

Power and duty of existing local authorities to assist new authorities

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(1) An existing local authority may do anything which in their opinion is appropriate for the purpose of—

(a) facilitating the transfer of their functions, staff and assets to a new authority; or

(b) facilitating the carrying out by a new authority of their functions on and after 1st April 1996.

(2) Without prejudice to the generality of subsection (1) above, existing local authorities having functions in relation to any part of the area of a new authority may establish, or the Secretary of State may require them to establish, a committee in the area of that new authority to consider any matter which it is expedient they should consider in order to ensure the effective operation of that authority on and after 1st April 1996.

(3) Existing local authorities may establish, or the Secretary of State may direct them to establish, a committee in relation to the areas of any group of new authorities to consider any matter which it is expedient they should consider in order to ensure the effective operation of those authorities on and after 1st April 1996.

(4) A committee established under subsection (2) or (3) above shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(5) The Secretary of State may direct an existing local authority to do anything which in his opinion is appropriate for the purpose of putting a new authority in a position to carry out their functions with effect from 1st April 1996.

(6) A direction under subsection (5) above—

(a) may be made subject to such conditions (for example, as to payment by the new authority) as may be specified in it; and

(b) shall be complied with by the authority to which it is made.

(7) Any expenses incurred by a committee established under subsection (2) or (3) above shall be defrayed by the authorities by whom the committee was established in such proportions respectively as may be agreed amongst or between them or, in default of agreement, as may be determined by the Secretary of State.

(8) In this section—

“existing local authority” includes a joint committee and a joint board; and

“new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.

Further provision as to discharge of functions by authorities

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(1) Subject to the provisions of this section, a local authority (a “contracting authority”) may agree with any other local authority (a “supplying authority”) that the supplying authority shall carry out for the contracting authority any activity or service which the contracting authority are required to, or may legitimately, carry out.

(2) An agreement under this section—

(a) may provide for activities or services to be carried out by two or more authorities jointly; and

(b) may include such terms as to payment as the authorities concerned consider appropriate.

(3) Anything requiring to be done by a supplying authority under an agreement under this section shall be treated as one of their statutory functions.

(4) The Secretary of State may by regulations make such provision as he thinks fit in relation to the exercise by local authorities of the power conferred by this section and, without prejudice to the generality of the foregoing, such regulations may include provision—

(a) prohibiting or restricting to such extent as may be prescribed the use of the power in relation to such activities or services, or such class or classes of activities or services, as may be so prescribed;

(b) specifying, either generally or in relation to such activities or services, or such classes of activities or services, as may be so prescribed, which authorities may enter into agreements under this section.

(5) This section is without prejudice to any other power under or by virtue of which a local authority may arrange for the carrying out of any of their activities or services by another authority.

(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) For the purposes of this section “local authority” includes a residuary body and a joint board.

Local Acts and instruments

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(1) Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Part of this Act shall—

(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Part of this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1996 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2) Subsection (1) above shall have effect subject to the provisions of—

(a) subsection (6) below;

(b) this Part of this Act;

(d) any order made under—

(i) section 181 of this Act; or

(ii) the following provisions of this section.

(3) Any local statutory provision to which this section applies and which relates to functions exercisable by an existing local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1996 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4) Subsection (3) above shall not come into force until 1st April 1996 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Part of this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 181 of this Act, the Secretary of State may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a) extend the provision throughout the new local government area in which it is continued in force;

(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e) transfer to any local authority appearing to the Secretary of State to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 181 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State to be expedient.

(6) All local statutory provisions to which this subsection applies shall cease to have effect on 31st December 1999, but the Secretary of State may—

(a) by order exempt any such provision from the foregoing provision of this subsection;

(b) from time to time by order postpone the date on which any local statutory provision applying to the whole or part of any local government area is to cease to have effect under this subsection.

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

(8) This section applies to any local statutory provision in force immediately before 1st April 1996 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following local statutory provisions—

(a) a provision of a local Act, the Bill for which was promoted by a local authority;

(b) a provision of an Act confirming a provisional order made on the application of a local authority;

(d) any byelaw; and

(e) any management rule made under section 112 of the Civic Government (Scotland) Act 1982 (management rules),

not being a provision relating to a statutory undertaking.

(9) In this section—

“existing local authority” means a regional or district council;

“local authority” means an existing local authority, a joint committee, an authority constituted under section 2 of this Act, a joint board and a residuary body; and, for the purposes of subsection (6) above, includes any local authority in existence prior to 16th May 1975;

“local statutory provision” includes—a provision of a public general Act passed with respect only to the whole or part of an existing local government area;a provision of an instrument made under such a public general Act;an instrument in the nature of a local statutory provision made under any other public general Act;a provision of a local Act or a provision of an instrument made under any such Act;a provision of an Act confirming a provisional order;a provision of an order which was subject to special parliamentary procedure;any byelaw; andany management rule made under section 112 of the Civic Government (Scotland) Act 1982 (management rules),but does not include any enactment or instrument in so far as that enactment or instrument relates to functions mentioned in section 91(1)(b) of this Act nor any order under section 6 of the 1975 Act; and

“statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power or district heating.

Applications to sheriff in cases of difficulty

60

Sections 231 (applications to sheriff in cases of difficulty) and 232 (applications to court) of the 1973 Act shall apply in relation to a difficulty arising in the carrying out of this Part of this Act as they apply in relation to a difficulty arising in the carrying out of that Act.

Interpretation of Part I

61

In this Part of this Act, unless the context otherwise requires—

“existing local authority” means a regional, islands or district council;

“the First-tier Tribunal for Scotland” means the First-tier Tribunal for Scotland, established by section 1 of the Tribunals (Scotland) Act 2014;

“records” shall be construed in accordance with section 53 of this Act;

“the 1972 Act” means the Town and Country Planning (Scotland) Act 1972;

“the 1992 Act” means the Local Government Finance Act 1992,

and expressions used in this Part of this Act and in the 1973 Act shall have the same meanings in this Part as in that Act.

Part II — Water and Sewerage Reorganisation

New water and sewerage authorities

62

Alteration of water areas and sewerage areas

63

Maps of areas

64

General duties of Secretary of State and of new authorities

65

(1) For section 1 of the 1980 Act (which imposes on the Secretary of State certain duties as respects water conservation and supply) there shall be substituted—

(1) It shall be the duty of the Secretary of State and of the water authorities when exercising their respective functions or powers under or by virtue of this Act— (a) to promote the conservation and effective use of the water resources of, and the provision of adequate water supplies throughout, Scotland; and (b) to secure the collection, preparation, publication and dissemination of information and statistics relating to such resources and supplies.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Codes of practice for new water and sewerage authorities

66

Protection of customers’ interests etc.

Scottish Water and Sewerage Customers Council

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of Customers Council

68

Power of Customers Council to require information

69

Annual reports by, and information from, Customers Council

70

Funding of Customers Council

71

References to Monopolies and Mergers Commission

72

Environmental protection

Duty of new authorities as respects Natural Heritage Area or area of special interest

73

Charges

Charges for services provided

74

Maximum charges for services provided with help of new authority

75

Charges schemes

76

Publication of summary of charges scheme

77

Liability of occupiers etc. for charges

78

Collection of charges by local authority

79

Power to demand and recover charges not to affect duty to maintain domestic water supply etc

80

Reduced charges

81

Arrears of charges: restrictions on voting

82

Finances of new authorities

Duties and powers relating to finance

83

Financing and borrowing

84

Guarantees

85

Directions as to payment and investment

86

Accounts

87

Audit of accounts

88

Subsidiary powers of new authorities

89

Dissolution of Central Scotland Water Development Board

90

Transfer of property, rights and liabilities to new authorities

91

Transfer schemes: general

92

Preparations for transfer of functions etc. to new authorities

93

Power to require provision of information and assistance as respects transfer schemes

94

Supplementary provision as to transfer schemes

95

Transfer schemes: exemption from stamp duty and stamp duty reserve tax

96

Transfer etc. of staff

Staff: application of Chapter 2 of Part I etc

97

Land transactions

Acquisition of land by agreement

98

Compulsory acquisition of land

99

Disposal of land

100

Amendment of Sewerage (Scotland) Act 1968

Authorisation of construction of certain private sewers etc

101

The following section shall be inserted after section 3 of the 1968 Act—

(3A) (1) Without prejudice to their powers under section 3 of this Act (including any power to authorise the construction, on their behalf, of a public sewer), a sewerage authority may authorise a person to construct, within their area but whether or not connecting with their sewers or sewage treatment works, a sewer— (a) in, under or over any road, or under any cellar or vault below any road; or (b) in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier, but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by them under subsection (1) of that section. (2) The sewerage authority— (a) in giving authorisation to a person under subsection (1) above; or (b) as respects any sewer (not being a sewer constructed by or on behalf of the authority) whose construction by a person does not require such authorisation, may, in a case where the proposed sewer will connect with their sewers or sewage treatment works, determine (and by written notice advise the person) that all, or a part which they shall specify in the notice, of the sewer constructed shall not vest in them through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination the sewerage authority may, on such terms and conditions as they think fit, then or at some later time enter into an agreement under which the sewer, or as the case may be the part, shall vest in them.

Emptying of septic tanks

102

For section 10 of the 1968 Act (whereby local authorities are under a duty to empty septic tanks only where they have passed a resolution electing to do so) there shall be substituted—

(10) (1) It shall be the duty of a sewerage authority to empty a septic tank serving premises in their area on their being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank— (a) to its being reasonably practicable to empty the tank; and (b) to all proper charges for their doing so being timeously paid. (2) The duty does not extend to septic tanks which receive trade effluent; but the authority may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as they think fit. (3) If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final. (4) For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of Part II of the Local Government etc. (Scotland) Act 1994).

Register as respects trade effluents

103

The following sections shall be inserted after section 37 of the 1968 Act—

(37A) (1) A sewerage authority shall maintain a register for the purposes of this Part of this Act. (2) The authority shall enter in the register— (a) such particulars as may be prescribed— (i) of any consent, affecting their area and for the time being extant, given (whether before or after the coming into force of this section) under this Part of this Act; and (ii) of any agreement, affecting their area and for the time being extant, entered into (whether before or after the coming into force of this section) under section 37 of this Act; and (b) such particulars of other matters relative to their functions under this Part of this Act as may be prescribed. (3) It shall be the duty of a sewerage authority— (a) to secure that the register maintained by them in pursuance of subsection (1) above is, after such date as may be prescribed, open to inspection by the public free of charge at all reasonable hours; and (b) to afford members of the public reasonable facilities for obtaining from them, on payment of reasonable charges, copies of entries in the register. (4) In subsections (2) and (3) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument. (5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (37B) (1) No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security. (2) The Secretary of State may, for the purposes of subsection (1) above, give to a sewerage authority directions— (a) specifying information, or descriptions of information, to be excluded from the register; or (b) specifying descriptions of information to be referred to him for his determination; and no information referred to him in pursuance of paragraph (b) above shall be included in the register until he determines that it should be so included. (3) The sewerage authority shall notify the Secretary of State of any information they exclude from the register in pursuance of directions under subsection (2) above. (4) A person may, as respects any information which (but for this section) might be included in the register but which he believes may be information whose inclusion would be contrary to the interests of national security, by notice so inform the Secretary of State, specifying the information and indicating its apparent nature; and if the person does so— (a) he shall advise the sewerage authority that he has given such notice; and (b) no information in respect of which such advice has been given shall be included in the register until the Secretary of State has determined that it should be so included.

Disapplication of restrictions on disclosure of information

104

In section 50 of the 1968 Act (which imposes restrictions on the disclosure of information obtained under or by virtue of that Act)—

(a) in subsection (2), after paragraph (a) there shall be inserted—

(aa) in prescribed circumstances or for prescribed purposes; or

; and

(b) after subsection (3) there shall be added—

(4) In paragraph (aa) of subsection (2) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument. (5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the regulations).

Further amendment of Water (Scotland) Act 1980

Restriction on references to Secretary of State of questions regarding water supply

105

In section 9(4) of the 1980 Act (which provides that questions as to the terms and conditions on which water is supplied etc. are to be referred to the Secretary of State in the absence of agreement), after the word “supplied” there shall be inserted “ (not being a question as respects charges for the water which is to be supplied) ”.

Removal of restriction on supply of water to premises outwith water authority’s limits of supply

106

For section 12 of the 1980 Act (which provides for a water authority giving a supply of water to premises situated outwith their limits of supply if the water authority within whose limits the premises are situated consents) there shall be substituted—

(12) Where premises are situated outwith the limits of supply of a water authority, the authority may, after informing the water authority within whose limits of supply the premises are situated, give a supply of water to the premises.

Supply of water for use outwith Scotland

107

The following section shall be inserted after section 13 of the 1980 Act—

(13A) (1) A water authority may, if for the time being they are satisfied that such supplies of water as are available to them are likely to be more than sufficient to enable them to fulfil their duties as respects the supply of water to premises in Scotland, enter into an agreement with any other person to give him, on such terms and conditions as they think fit and whether or not in bulk, a supply of water for use outwith Scotland. (2) For the purposes of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving a supply of water in pursuance of an agreement entered into under subsection (1) above, a water authority may exercise, either within or outwith their limits of supply, the like powers with respect to laying mains or breaking open roads as are exercisable by them under this Act for the purposes of laying mains, but subject to the like conditions and obligations.

Further provision as regards removal of restrictions on supply of water outwith limits of supply

108

For section 21 of the 1980 Act (which provides powers for the purposes of a water authority providing the whole or part of their limits of supply with a supply of water) there shall be substituted—

(21) Without prejudice to any other powers which they may have, a water authority may, for the purposes of providing a supply of water under this Act and subject to its provisions— (a) construct, alter, acquire by purchase, lease or otherwise, or renew or maintain, waterworks; (b) so acquire any undertaking belonging to persons, other than a water authority, who are supplying or are authorised to supply water; (c) so acquire premises to be used for the purposes of the authority and maintain such premises; (d) contract with any person for a supply by him of water in bulk or otherwise; or (e) erect and maintain a house for the use of a person employed by them for the purposes of their undertaking.

Right of objection to proposed laying of mains

109

In section 23 of the 1980 Act (power to lay mains), after subsection (1) there shall be inserted—

(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.

Vesting of certain supply pipes

110

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 (c) on a specified day a relevant supply pipe is appropriate for the purpose of supplying water to the premises, 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.

Duty of water authority to keep map showing water mains etc

111

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

(24A) (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.

Simplification of provisions as respects opting for water supply by meter

112

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

(41A) 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.

Actings of Secretary of State on default of water authority

113

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;

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

114

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.

Regulations as to certain procedures

115

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

Power of Secretary of State to give directions to new authorities

116

Directions in the interests of national security

117

Provision of information, etc

118

Records held by new authorities

119

Duty of new authorities to collaborate

120

Power of new authorities to promote or oppose private legislation

121

Supply of goods and services to new authorities by local authorities

122

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

123

Other miscellaneous provisions

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

124

General

Interpretation of Part II

125

Orders under Part II

126

Part III — The Principal Reporter and the Scottish Children’s Reporter Administration

The Principal Reporter

127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Children’s Reporter Administration

128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against dismissal of Principal Reporter and other officers

129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional functions of the Principal Reporter

Annual report of Principal Reporter

130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of Principal Reporter’s functions

131

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the Administration

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

132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancillary powers of Administration

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions by the Secretary of State

134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance of the Administration

Government grants to the Administration

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports, accounts etc. of the Administration

136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General and supplemental

Staff: application of Chapter 2 of Part I

137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Property etc.: application of Chapter 3 of Part I

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Miscellaneous

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

139

Voluntary organisations

Power of local authorities to provide assistance to voluntary organisations

140

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

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

141

In section 121 of the Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)—

(a) in subsection (5), for paragraph (b) there shall be substituted—

(b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);

;

(b) in subsection (6) the words from “and of” to “that proposal” shall cease to have effect; and

(i) the words from “but the” to “his consent”; and

(ii) the word “nevertheless”,

shall cease to have effect.

Polling districts

Organisation of polling districts

142

(1) Section 18 of the Representation of the People Act 1983 (polling districts and places at parliamentary elections) shall be amended in accordance with this section.

(2) In subsection (3)—

(a) for the words from “returning officer’s” to “places”, where it first occurs, there shall be substituted the words “ duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts ”;

(b) in paragraph (a)—

(i) for the words “returning officer” there shall be substituted the words “ local authority ”;

(ii) for the words “the constituency” there shall be substituted the words “ so much of the constituency as falls within their area ”; and

(iii) for the word “he” there shall be substituted the words “ the local authority ”;

and

(c) in paragraph (b), for the words from the beginning to “constituency”, where it last occurs, there shall be substituted the words “ each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area ”.

(3) In subsection (5)—

(a) the words “any interested authority or” and “(or in Scotland, the returning officer)” shall cease to have effect;

(b) the words “or returning officer”, in both places where they occur, shall cease to have effect; and

(4) In subsection (6), the words “or returning officer” shall cease to have effect.

Education

Self-governing schools: certain proposals under Education (Scotland) Act 1980

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Denominational schools: proposals under section 22D of Education (Scotland) Act 1980

144

In section 22D of the Education (Scotland) Act 1980 (further provisions relating to denominational schools)—

(a) in subsection (2)(a), for the word “the” there shall be substituted “ an ”;

(b) in subsection (2)(c)—

(i) for the words “the education authority”, where they first occur, there shall be substituted “ any education authority affected by it ”;

(ii) in sub-paragraph (i), for the words “the result” there shall be substituted “ any of the results ”; and

(iii) in sub-paragraph (ii), after the word “authority”, there shall be inserted “ submitting the proposal under subsection (1) above ”; and

(3) The results referred to in subsection (2)(c)(i) above are— (a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or (b) a significant deterioration for pupils belonging to the area of any other education authority; or (c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration, in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.

Provision of school transport and other facilities

145

(1) The Education (Scotland) Act 1980 shall be amended in accordance with this section.

(2) In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)—

(a) in paragraph (a)—

(i) after the word “with”, where it first occurs, there shall be inserted

— (i)

; and

(ii) after the word “Act” there shall be inserted

— (ii) any arrangements made by them under section 23(1A) of this Act; or (iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act

; and

(b) in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”.

(3) In section 51 (provision of transport and other facilities)—

(a) in subsection (2A)—

(i) in paragraph (a)—

(A) after the word “with” there shall be inserted

— (i)

; and

(B) after the word “Act” there shall be inserted—

(ii) any arrangements made by them under section 23(1A) of this Act; or (iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act

; and

(ii) in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”; and

(b) after subsection (2AC) there shall be inserted the following subsection—

(2AD) Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority— (a) in accordance with any arrangements made by them under section 23(1A) of this Act; (b) in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or (c) if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas.

Roads

Definition of “road”

146

In section 151 of the Roads (Scotland) Act 1984 (interpretation), after subsection (1) there shall be inserted the following subsection—

(1A) A way to which the public has access (by whatever means and whether subject to a toll or not) which passes over a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, a private Act shall, for the purposes of the definition of “road” in subsection (1) above, be treated as if there were a public right of passage over it.

Provisions consequential on making of special road order

147

After section 113 of the Roads (Scotland) Act 1984 there shall be inserted the following section—

(113A) (1) Where— (a) an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and (b) the functions of that body relate solely to that road, the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body. (2) A dissolution order may transfer or provide for the transfer to— (a) the special road authority referred to in subsection (1)(a) above; or (b) such other person as the Secretary of State considers appropriate, of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate. (3) A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body. (4) Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body. (5) A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order. (6) In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above. (7) A dissolution order may repeal or amend— (a) any enactment in a private Act; and (b) any provision of an order made under or confirmed by a private Act, which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended.

Toll orders

148

(1) In paragraph 14D(1) of Schedule 1 to the Roads (Scotland) Act 1984 (procedure for making and confirming toll orders), at the end of paragraph (a) (and before the word “and” immediately following it) there shall be inserted the following paragraph—

(aa) that existing road is free of toll,

(2) In section 27 of the New Roads and Street Works Act 1991 (toll orders), after subsection (9) there shall be inserted the following subsection—

(9A) On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect.

Road works register

149

In section 112 of the New Roads and Street Works Act 1991 (road works register)—

(a) in subsection (4), for the words from “of road” to “section” there shall be substituted the words “ under this section of such road works authorities as he may specify ”;

(b) after subsection (4) there shall be inserted the following subsection—

(4A) Before making any arrangements under subsection (4) the Secretary of State shall consult— (a) any road works authority having duties under this section which he intends not to specify for the purposes of the arrangements; and (b) any undertaker (other than a person having permission under section 109 to execute road works) having apparatus in a road for which such road works authority is responsible.

; and

(i) “require” there shall be inserted the word “ the ”; and

(ii) “authorities” there shall be inserted the words “ so specified ”.

Traffic signs

150

(1) Notwithstanding the provisions of section 67 of the Road Traffic Regulation Act 1984 (persons empowered to place traffic signs on road in emergency etc.), the Secretary of State may, with the consent of the chief constable of the Police Service of Scotland as respects a road or any structure on a road, place on that road, or on any structure on that road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of the said Act of 1984), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.

(2) Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic signs) shall apply to signs placed in the exercise of the power conferred by subsection (1) above.

(3) In this section—

“road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984; and

“traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984.

Valuation and rating

Exclusion from valuation roll of shootings, deer forests, fishings and fish counters

151

(1) On and after 1st April 1995 no ... fishings or fish counters shall be entered in the valuation roll.

(2) Nothing in subsection (1) above shall affect any right of a district salmon fishery board (within the meaning of section 40(1) of the Salmon Act 1986) to require the assessor to value and enter any rights of salmon fishing in the valuation roll for the purposes of fishery assessments only.

(3) For the purposes of this section—

“fish counter” means any weir or other structure in inland waters primarily used for the purpose of counting fish; and

“inland waters” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

Amendment of definition of “lands and heritages”

152

(1) The Lands Valuation (Scotland) Act 1854 shall be amended as follows.

(2) In section 42 (interpretation), in the definition of “lands and heritages”, for the words from “all machinery fixed” to the end of the first proviso substitute the words “ such class or classes of plant or machinery in or on any lands and heritages as may be prescribed by the Secretary of State by regulations ”.

(3) After section 42 add—

(43) (1) Regulations under section 42 of this Act may, if made so as to take effect other than at the beginning of a year of revaluation (within the meaning of the Local Government (Scotland) Act 1975), provide for the revaluation of any lands and heritages affected by the regulations. (2) The power to make regulations under the said section 42 shall be exercisable by statutory instrument. (3) Any statutory instrument containing regulations made under the said section 42 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Power of Secretary of State to prescribe amount of non-domestic rate

153

(1) For any financial year, the Secretary of State may by regulations prescribe that the amount payable as non-domestic rate in respect of any lands and heritages shall be such amount as may be determined in accordance with prescribed rules.

(2) Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit and such factors may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.

(3) Regulations under this section may make different provision in relation to different areas and different classes of lands and heritages and, without prejudice to that generality, may make different provision in relation to lands and heritages

(a) whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure;

(b) whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1);

(i) contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute,

(ii) contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1).

(3A) Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) or (c)(ii) in rules under subsection (1).

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Local Government etc. (Scotland) Act 1994

Public transport

Establishment etc. of Strathclyde Passenger Transport Authority

40

Amendment of section 13 of Transport Act 1968

41

Traffic

Power to secure management of traffic control system

42

Guidance as to exercise of traffic powers

43

Restriction on order-making powers of existing authorities

44

Social work

Chief social work officer

45

Chapter 7 — Miscellaneous

Licensing boards

46

Proceedings in district courts: transitional provisions

47

Amendment of District Courts (Scotland) Act 1975

48

Justices of the peace

49

Stipendiary magistrates

50

Registration of births, deaths and marriages

51

Tweed Fisheries Commissioners

52

Records held by local authorities

53

Use, acquisition and disposal of records

54

Restriction on disposal of assets and entering into contracts by existing authorities

55

Duty of existing authorities and assessors to provide information to new authorities

56

Power and duty of existing local authorities to assist new authorities

57

Further provision as to discharge of functions by authorities

58

Local Acts and instruments

59

Applications to sheriff in cases of difficulty

60

Interpretation of Part I

61

Part II — Water and Sewerage Reorganisation

New water and sewerage authorities

New water and sewerage authorities

62

Alteration of water areas and sewerage areas

63

Maps of areas

64

General duties of Secretary of State and of new authorities

65

Codes of practice for new water and sewerage authorities

66

Protection of customers’ interests etc.

Scottish Water and Sewerage Customers Council

67

Functions of Customers Council

68

Power of Customers Council to require information

69

Annual reports by, and information from, Customers Council

70

Funding of Customers Council

71

References to Monopolies and Mergers Commission

72

Environmental protection

Duty of new authorities as respects Natural Heritage Area or area of special interest

73

Charges

Charges for services provided

74