Local Government etc. (Scotland) Act 1994

• (5) If a person employed by the Customers Council becomes a member of the Council and was by virtue of that employment a participant in a pension scheme administered by the Council for the benefit of its employees, the Council may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8 above; but if the Council does so determine, then any discretion as to the benefits payable to or in respect of the person which the scheme confers on the Council shall be exercisable only with the consent of the Secretary of State . . ..

Committees

10

• (1) For or in connection with the discharge of such of its functions, or the exercise of such of its powers, as the Customers Council may determine, it shall establish three committees, the first for the eastern water area and the eastern sewerage area, the second for the western water area and the western sewerage area and the third for the northern water area and the northern sewerage area.

• (2) Each committee shall consist of—

• (a) a chairman, appointed by the Customers Council, with the approval of the Secretary of State, from the members of the Council; and

• (b) not fewer than seven, nor more than eleven, members appointed by the Council from persons who are neither members nor employees of the Council or of a new water and sewerage authority, so however that the Council shall seek to ensure, as respects its appointments under this paragraph, that which the Secretary of State is required to seek to ensure as respects his appointments under paragraph 3 (as read with paragraph 4) of this Schedule.

• (3) The terms on which a person appointed under sub-paragraph (2)(b) above shall hold office shall be determined by the Customers Council but his membership of the committee in question shall terminate forthwith on his becoming a member or an employee of any of the new water and sewerage authorities or a member or employee of the Council.

• (4) The Customers Council may pay to a person appointed under sub-paragraph (2)(b) above (in respect of his activities as committee member) travelling and other allowances in accordance with such arrangements as may be determined by the Secretary of State . . ..

Public Committee Meetings

11

In every financial year, at least one meeting of each committee established under paragraph 10 above shall be open to all members of the public.

SCHEDULE 10

1

• (1) This Schedule applies to any sum which has become payable to a collecting authority by virtue of section 79 of this Act and has not been paid.

• (2) References in sub-paragraph (1) above to a sum which has become payable and has not been paid include references to a sum forming part of a larger sum which has become payable and the other part of which has been paid.

2

• (1) Subject to sub-paragraphs (4) and (5) below, any sum to which this Schedule applies may be recovered by the collecting authority by diligence—

• (a) authorised by a summary warrant granted under sub-paragraph (2) below; or

• (b) in pursuance of a decree granted in an action of payment.

• (2) The sheriff, on an application by the authority which is accompanied by a certificate from them containing such particulars as may be prescribed by the Secretary of State by regulations, shall grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by way of any of the diligences mentioned in sub-paragraph (3) below, of the amount of the sum remaining due and unpaid along with a surcharge of 10 per cent. of that amount.

• (3) The diligences referred to in sub-paragraph (2) above are—

• (a) a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987;

• (b) an earnings arrestment;

• (c) an arrestment and action of furthcoming or sale.

• (4) It shall be incompetent for the sheriff to grant a summary warrant under sub-paragraph (2) above in respect of any sum to which this Schedule applies if an action has already been raised for the recovery of that sum; and, without prejudice to sub-paragraph (5) below, on the raising of an action for the recovery of any such sum, any existing summary warrant, in so far as it relates to the recovery of that sum, shall cease to have effect.

• (5) It shall be incompetent to raise an action in Scotland for the recovery of any sum to which this Schedule applies if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) above for the recovery of that sum has been executed.

• (6) The Secretary of State may by order substitute another percentage for the percentage which is for the time being mentioned in sub-paragraph (2) above.

• (7) The power to make regulations under sub-paragraph (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and a statutory instrument containing an order made under sub-paragraph (6) above shall be so subject.

3

No misnomer or inaccurate description of any person or place, or mistake or informality, in any notice or other document or communication relating to a demand for, or the recovery of, charges payable to the collecting authority by virtue of section 79 of this Act or in any proceedings for the payment of such charges shall prejudice such recovery.

4

• (1) Subject to sub-paragraph (2) below, and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987, the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant under paragraph 2 above shall be chargeable against the debtor.

• (2) No fees shall be chargeable by the sheriff officer against the debtor for collecting, and accounting to the collecting authority for, the sums paid to him by the debtor in satisfaction of an amount owing to the authority by way of charges payable to them by virtue of section 79 of this Act.

SCHEDULE 11

Allocation of property, rights and liabilities

1

• (1) The provisions of this paragraph and of paragraphs 2 and 3(1) below shall have effect where a transfer to which this Schedule applies is a transfer of property, rights and liabilities of a regional or islands council and the question of allocation of the property, rights and liabilities as between the regional council’s successor, or the islands council, and the transferee arises.

• (2) Any property, right or liability referable partly to the functions of the council which are transferred and partly to the functions which are retained for the regional council’s successor, or the islands council, shall (where the nature of the property, right or liability permits) be divided or apportioned between the successor, or council, and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided, any rent payable by or to any party in respect of that land and any feu-duty, stipend or other outgoing running with the land or right shall be divided or apportioned correspondingly.

• (3) Any property, right or liability referable as mentioned in sub-paragraph (2) above but the nature of which does not permit its division or apportionment as so mentioned, shall be transferred to the transferee or retained for the regional council’s successor, or the islands council, according to—

• (a) in the case of an estate or interest in land, whether on the transfer date the successor, or islands council, or the transferee appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether as from that date the successor, or islands council, or the transferee appears likely to make use of the land to the greater extent;

• (b) in the case of any other property or any right or liability, whether as from the transfer date the successor, or islands council, or the transferee appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,

subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.

2

• (1) It shall be the duty of the council (or as the case may be the council’s successor) and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained for the successor, or islands council, and as will—

• (a) afford to the successor, or islands council, and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and

• (b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the council’s property, rights and liabilities as will best serve the proper discharge of the respective functions of the successor, or the islands council, and the transferee.

• (2) Any such agreement shall provide so far as it is expedient—

• (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

• (b) for the granting of indemnities in connection with the severance of leases and other matters; and

• (c) for responsibility for registration of any matter in any statutory register.

• (3) If the council (or as the case may be the successor) or the transferee represent to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) above that such agreement will be reached, the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1) above; and any property, rights or liabilities required by the direction to be transferred to the transferee shall accordingly be regarded as having been transferred to, and vested in, the transferee by virtue of the scheme (but not until the date of the direction if that is after the transfer date).

Variation of transfers by agreement

3

• (1) At any time before the end of the period of twelve months beginning with the transfer date, the regional council’s successor, or the islands council, and the transferee may, with the approval of the Secretary of State, agree in writing that—

• (a) as from such date as may be specified in or determined under the agreement, and

• (b) in such circumstances (if any) as may be so specified,

there shall be transferred from the transferee to, and vested in, the successor, or the islands council, any property, rights and liabilities specified in the agreement.

• (2) Subject to sub-paragraph (3) below, in the case of an agreement under sub-paragraph (1) above, the property, rights and liabilities in question shall on the date of the coming into force of the agreement be transferred, and by virtue of the agreement vest, in accordance with the agreement.

• (3) The following provisions of this Schedule shall have effect as if—

• (a) any reference to a transfer to which this Schedule applies included a reference to a transfer effected in pursuance of an agreement under sub-paragraph (1) above;

• (b) any reference to a transaction effected in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above included a reference to such an agreement; and

• (c) any reference to a vesting by virtue of a transfer scheme included a reference to a vesting by virtue of such an agreement.

Right to production of documents of title

4

Where, on any transfer to which this Schedule applies, a regional council’s successor or an islands council is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred from the council in question, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “ unless specially qualified ” were omitted.

Certificate of vesting

5

• (1) In the case of any transfer to which this Schedule applies, a joint certificate by or on behalf of the transferor (or the transferor’s successor) and the transferee that—

• (a) any property specified in the certificate;

• (b) any such interest in or right over any such property as may be so specified; or

• (c) any right or liability so specified,

is, by virtue of this Act, vested in such one of them as may be so specified, or was at a date so specified thus vested, shall be conclusive evidence for all purposes of that fact.

• (2) If on the expiration of one month after a request from either the transferor (or the successor) or the transferee for the preparation of such a joint certificate as respects any property, interest, right or liability they have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as he may direct.

Restrictions on dealing with certain land

6

• (1) If, as regards a transfer to which this Schedule applies from an islands or regional council, the Secretary of State is satisfied on the representation of the regional council’s successor, or the islands council, or the transferee—

• (a) that, in consequence of the transfer, different interests in land, whether the same or different land, are held by the successor or islands council and by the transferee; and

• (b) that the circumstances are such that this paragraph should have effect,

the Secretary of State may direct that this paragraph shall apply to such of that land as may be specified in the direction.

• (2) While the direction mentioned in sub-paragraph (1) above remains in force—

• (a) neither the successor, or islands council, nor the transferee shall dispose of any interest to which they may respectively be entitled in any of the specified land, except with the consent of the Secretary of State;

• (b) if, in connection with any proposal to dispose of any interest of either the successor (or council) or the transferee in any of the specified land, it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may—

• (i) require either the successor (or council) or the transferee to dispose of any interest to which they may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement;

• (ii) require either the successor (or council) or the transferee to acquire from the other any interest in any of the specified land to which that other is entitled; or

• (iii) consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose.

• (3) A person other than the successor (or islands council) or the transferee dealing with, or with a person claiming under, either the successor (or council) or the transferee shall not be concerned—

• (a) to see or enquire whether this paragraph applies, or has applied, in relation to any land to which the dealing relates; or

• (b) as to whether the provisions of this paragraph have been complied with in connection with that, or any other, dealing with that land;

and no transaction between persons other than the successor (or council) and the transferee shall be invalid by reason only of a failure to comply with those provisions.

Construction of agreements, statutory provisions and documents

7

• (1) This paragraph applies where, in the case of any transfer to which this Schedule applies, any rights or liabilities transferred are rights or liabilities under an agreement, whether in writing or not, to which the transferor was a party immediately before the transfer date and whether or not the agreement was of such a nature that rights and liabilities under it could be assigned by the transferor.

• (2) So far as relating to property, rights or liabilities transferred to the transferee, the agreement shall have effect on and after the transfer date as if—

• (a) the transferee had been the party to it;

• (b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;

• (c) any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the functions of, the transferor and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such a person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the functions of, the transferee who corresponds as nearly as may be to the first-mentioned person;

• (d) any reference in general terms (however worded) to persons employed by, persons engaged in the functions of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the functions of, or agents of, the transferee.

8

• (1) Except as otherwise provided in any provision of this Part of this Act (whether expressly or by necessary implication), paragraph 7 above shall, so far as applicable, apply in relation to—

• (a) any statutory provision,

• (b) any provision of an agreement to which the transferor was not a party, and

• (c) any provision of a document other than an agreement,

if and in so far as the provision in question relates to any of the transferred property, rights and liabilities, as it applies in relation to an agreement to which the transferor was a party.

• (2) In relation to any such statutory or other provision as is mentioned in sub-paragraph (1) above, references in sub-paragraph (2)(b), (c) and (d) of paragraph 7 above to the transferor and to any persons employed by, persons engaged in the functions of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, though not specifically referred to.

9

• (1) The transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of the scheme as they would have had if that right or liability had at all times been a right or liability of the transferee.

• (2) Any legal proceedings, or applications to any authority, pending on the transfer date by or against the transferor, in so far as they relate—

• (a) to any property, right or liability vested in the transferee by virtue of the scheme, or

• (b) to any agreement or enactment relating to any such property, right or liability,

shall be continued by or against the transferee to the exclusion of the transferor or the transferor’s successor.

• (3) This paragraph is without prejudice to the generality of the provisions of paragraphs 7 and 8 above.

10

The provisions of paragraphs 7 to 9 above shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.

Third parties affected by vesting provisions

11

• (1) Without prejudice to the provisions of paragraphs 7 to 10 above, any transaction effected between the council (or the council’s successor) and the transferee in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.

• (2) It shall be the duty of the council (or successor) and the transferee, if they effect any transaction in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the regional council’s successor, or the islands council, and as to part by or against the transferee; and if, within twenty-eight days of being notified, such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to the successor, or the islands council, and the transferee as appear to him appropriate for varying the transaction.

• (3) As respects a transfer to which this Schedule applies which is a transfer of property, rights and liabilities of a regional or islands council, if in consequence of the transfer or of anything done in pursuance of the provisions of this Schedule—

• (a) the rights or liabilities of any person other than the regional council’s successor, or the islands council, and the transferee which are enforceable against or by the successor, or council, become enforceable as to part against or by the successor, or council, and as to part against or by the transferee, and

• (b) the value of any property or interest of that person is thereby diminished,

such compensation as may be just shall be paid to that person by the successor (or council), the transferee or both.

• (4) Subject to sub-paragraph (5) below, if it appears to the regional or islands council that a person is, or may be, entitled to compensation under sub-paragraph (3) above—

• (a) they shall by written notice inform the person that he is, or may be, so entitled and shall invite him to make such representations as he wishes to them within fourteen days after the date of issue of the notice; or

• (b) where they do not know (either or both)—

• (i) the name of the person concerned;

• (ii) his address,

they shall publish, in such manner as they consider appropriate, a notice containing information about the interest affected and inviting any person who thinks that he is, or may be, entitled to compensation in respect of the interest to make such representations as he wishes to them by a date which they shall specify in the notice, being a date not less than twenty-eight days after the date of publication.

• (5) Where the last of the fourteen days after the date of issue of a notice under head (a) of sub-paragraph (4) above falls on or after the transfer date, or the date specified in a notice published under head (b) of that sub-paragraph so falls, the notice shall direct that the representations be made to the transferor or, on or after that date, to the transferor’s successor.

• (6) Any dispute as to whether any, and (if so) how much, compensation is payable under sub-paragraph (3) above, or as to the person to or by whom it shall be paid, shall be referred to and determined by an arbiter appointed by the Lord President of the Court of Session.

• (7) If, in the case of any transfer to which this Schedule applies, it appears to the court, at any stage in any court proceedings to which the transferor (or successor) or the transferee and a person other than the transferor (or successor) or the transferee are parties, that the issues in the proceedings—

• (a) depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor (or successor) and the transferee have not yet effected, or

• (b) raise a question of construction of the relevant provisions of this Act which would not arise if the transferor (or successor) and the transferee constituted a single person,

the court may, if it thinks fit on the application of a party to the proceedings other than the transferor (or the successor) or the transferee, hear and determine the proceedings on the footing that such one of the transferor (or successor) and the transferee as is party to the proceedings represents and is answerable for the other of them, and that the transferor (or successor) and the transferee constitute a single person; and any judgment or order given by the court shall bind both the transferor (or successor) and the transferee accordingly.

• (8) In the case of any transfer to which this Schedule applies, it shall be the duty of the transferor (or successor) and the transferee to keep one another informed of any case where either of them may be prejudiced by virtue of sub-paragraph (7) above; and if it is claimed by either the transferor (or successor) or the transferee there has been such prejudice and that the other of them ought to indemnify or make a repayment on that account but that there has been unreasonable failure to meet that claim, whichever of them so claims may refer the matter to the Secretary of State for determination by him.

Interpretation

12

In this Schedule—

• “islands council” shall, as the context may require, be construed either as a reference to the islands council of Orkney, Shetland or the Western Isles as the council in question exist or existed before 1st April 1996 or as a reference to Orkney Islands Council, Shetland Islands Council or Western Isles Council;

• “statutory provision” means a provision, whether of a general or of a special nature, contained in, or in any document made or issued under, any Act and irrespective of whether the Act itself is of a general or of a special nature; and

• “successor” shall be construed in accordance with section 92(9) of this Act.

SCHEDULE 12

Status

1

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

2

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

Membership

3

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

4

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

5

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

6

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

Chairman and deputy chairman

7

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

Remuneration and allowances

8

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

9

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

Proceedings

10

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

Committees

11

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

Delegation of powers

12

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

Documents

13

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

SCHEDULE 13

The Riotous Assemblies (Scotland) Act 1822 (c. 33)

1

In section 10 of the Riotous Assemblies (Scotland) Act 1822 (compensation for damage to buildings caused by acts of riotous assemblies etc.), for “regional or islands council” substitute “ council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.

The Harbours, Docks and Piers Clauses Act 1847 (c. 27)

2

• (1) The Harbours, Docks and Piers Clauses Act 1847 shall be amended in accordance with this paragraph.

• (2) In section 7 (deposit of sheriff’s certificate of correction), for “regional or islands council” substitute “ council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.

• (3) In section 8 (plans to be deposited before works may begin), for “of any region or islands area” substitute “ for any local government area (within the meaning of the Local Government etc. (Scotland) Act 1994) ”.

The Burial Grounds (Scotland) Act 1855 (c. 68)

3

• (1) The Burial Grounds (Scotland) Act 1855 shall be amended in accordance with this paragraph.

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

• (3) In section 10 (provision of suitable burial grounds by board after closure, etc.), the words “any of the Lords Ordinary of” and the words “And provided also, that no land shall be so designated nearer than one hundred yards to any dwelling house without the consent in writing of the owner of such dwelling house;” shall cease to have effect.

• (4) In section 11 (consents for new burial grounds), the words from “but no ground” to the end shall cease to have effect.

The Explosives Act 1875 (c. 17)

4

• (1) The Explosives Act 1875 shall be amended in accordance with this paragraph.

• (2) In section 110 (local authority), in paragraph 1, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In section 111 (expenses of local authority), in paragraph (a), for “regional or general rate” substitute “ non-domestic rate or the council tax ”.

The Public Libraries Consolidation (Scotland) Act 1887 (c. 42)

5

For section 2 of the Public Libraries Consolidation (Scotland) Act 1887 (interpretation) substitute—

(2) In this Act, except where the context otherwise requires, “library authority” and “museum and art gallery authority”, for the purposes of this Act, mean a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to such an authority, shall be construed accordingly.

.

The Allotments (Scotland) Act 1892 (c. 54)

6

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

The Merchant Shipping Act 1894 (c. 60)

7

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

The Light Railways Act 1896 (c. 48)

8

In section 26 of the Light Railways Act 1896 (application to Scotland), in subsection (2), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Health (Scotland) Act 1897 (c. 38)

9

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

The Census Act 1920 (c. 41)

10

In section 9 of the Census Act 1920 (application to Scotland), for subsection (2) substitute—

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

.

The Celluloid and Cinematograph Film Act 1922 (c. 35)

11

In section 10(1) of the Celluloid and Cinematograph Film Act 1922 (application to Scotland), in the definition of “Local authority”, for the words from “the” to the end substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”.

The Allotments (Scotland) Act 1922 (c. 52)

12

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

The Performing Animals (Regulation) Act 1925 (c. 38)

13

In section 6(a) of the Performing Animals (Regulation) Act 1925 (definition of “local authority” in application of Act to Scotland), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Agricultural Produce (Grading and Marking) Act 1928 (c. 19)

14

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

The Petroleum (Consolidation) Act 1928 (c. 32)

15

In section 24 of the Petroleum (Consolidation) Act 1928 (application to Scotland), for subsection (1) substitute—

(1) for paragraphs (a) and (c) of section 2(1) of this Act there shall be substituted the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

.

The Local Government (Scotland) Act 1929 (c. 25)

16

In section 29 of the Local Government (Scotland) Act 1929 (power of councils to expend money on public health propaganda), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Road Traffic Act 1930 (c. 43)

17

• (1) The Road Traffic Act 1930 shall be amended in accordance with this paragraph.

• (2) In section 108(1) (interpretation), in the definition of “district”, for “a region or islands area” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In section 109(a) (definition of “local authority” in application of the Act to Scotland), for “a regional or islands council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (4) In section 119(3) (special provisions as to Scotland), for the words from “A” to “shall” substitute “ A local roads authority shall ”.

The Church of Scotland (Property and Endowments) (Amendment) Act 1933 (c. 44)

18

In section 2(2) of the Church of Scotland (Property and Endowments) (Amendment) Act 1933 (transfer of certain churchyards), for the words from “of the” to “which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”.

The Private Legislation Procedure (Scotland) Act 1936 (c. 52)

19

In section 11(6) of the Private Legislation Procedure (Scotland) Act 1936 (powers of councils under Act), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Harbours, Piers and Ferries (Scotland) Act 1937 (c. 28)

20

In section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Children and Young Persons (Scotland) Act 1937 (c. 37)

21

In section 110(1) of the Children and Young Persons (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Records (Scotland) Act 1937 (c. 43)

22

• (1) The Public Records (Scotland) Act 1937 shall be amended in accordance with this paragraph.

• (2) In section 5 (transfer of records to Keeper)—

• (a) for subsection (2) substitute—

(2) Notwithstanding anything contained in any enactment, it shall be lawful for any local authority or any statutory body corporate in Scotland, with the consent of the Keeper, to transmit such of their records as relate exclusively or mainly to Scotland to the Keeper for custody. (2A) For the purposes of this section, “statutory body corporate” means any body corporate established by or under a statute relating to Scotland other than such bodies, or such classes of such bodies, as may be specified by the Secretary of State in an order made by statutory instrument. (2B) Nothing in subsection (2) above shall apply to any burgh register of sasines or to any book or public record relating thereto.

.

• (3) In subsection (1) of section 14 (interpretation), after the definition of “court records” insert—

the expression “local authority” means an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and includes a joint board and a joint committee; the expression “statutory body corporate” shall be construed in accordance with section 5(2A) above.

.

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c. 48)

23

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

The Civil Defence Act 1939 (c. 31)

24

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

The Land Drainage (Scotland) Act 1941 (c. 13)

25

In section 7(1) of the Land Drainage (Scotland) Act 1941 (interpretation), in the definition of “rating authority”, for the words from “like” to “1929” substitute “ meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Health (Scotland) Act 1945 (c. 15)

26

In section 1(8) of the Public Health (Scotland) Act 1945 (local authorities for purposes of enforcement etc. of certain regulations), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Fire Services Act 1947 (c. 41)

27

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

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)

28

In section 7(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (interpretation), in the definition of “local authority”, for the words from “any” to the end substitute “ any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Civil Defence Act 1948 (c. 5)

29

• (1) The Civil Defence Act 1948 shall be amended in accordance with this paragraph.

• (2) After section 4 insert—

(4A) (1) Where— (a) by virtue of any enactment any of the functions of a local authority are exercised by that authority jointly with one or more other local authorities or by a joint board or joint committee; and (b) by virtue of this Act, an obligation is imposed, or a power conferred, on a local authority in respect of any of these functions, to the extent that such obligation or, as the case may be, power has a connection with such functions, such obligation shall be performed, or power exercised, by the authorities jointly or, as the case may be, by the joint board or joint committee; and any thing which may, by virtue of this Act, be done by, to or in respect of a local authority may be done by, to or in respect of two or more such authorities or such joint board or joint committee. (2) In this section “joint board” and “joint committee” have the meanings given by section 235(1) of the Local Government (Scotland) Act 1973. (3) This section extends to Scotland only.

.

• (3) In section 9(1) (interpretation), in the definition of “local authority”, for the words “a regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Local Government Act 1948 (c. 26)

30

In section 145(2) of the Local Government (Scotland) Act 1948 (application of Act to Scotland), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The National Assistance Act 1948 (c. 29)

31

• (1) The National Assistance Act 1948 shall be amended in accordance with this paragraph.

• (2) In section 33(1) (local authorities for the purposes of Part III), for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In section 47(12) (appropriate authorities for purposes of section), for the words “the councils of regions and islands areas” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (4) In section 48(4) (councils having duty to provide temporary protection for property of certain persons), for the words from “of the region” to “of which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”.

• (5) In section 50(2) (authorities having duty in respect of burial or cremation of the dead), for “islands and district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (6) In section 65(e) (meaning of “local authority” in application of Act to Scotland), for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Coast Protection Act 1949 (c. 74)

32

• (1) The Coast Protection Act 1949 shall be amended in accordance with this paragraph.

• (2) In section 1 (coast protection authorities), for subsection (1) substitute—

(1) A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 any part of whose area adjoins the sea shall be the coast protection authority for that area.

.

• (3) In section 20(5) (contributions towards expenses of coast protection), the words “or the council of a district in Scotland” shall cease to have effect.

• (4) In section 22(2) (power to use for incidental purposes land acquired for coast protection), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (5) In section 45(1) (service of notices and other documents), for “the council of a region, islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (6) In the First Schedule (procedure for making orders and provisions as to the validity of orders), in paragraph 8(b)—

• (a) after “and to”, where it first occurs, insert “a council of”; and

• (b) for the words “region, islands area or district” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The National Parks and Access to the Countryside Act 1949 (c. 97)

33

In section 99(2) of the National Parks and Access to the Countryside Act 1949 (contributions by local authorities), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Shops Act 1950 (c. 28)

34

In section 73(4) of the Shops Act 1950 (local authorities), for the words from “means” to the end substitute “ means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Allotments (Scotland) Act 1950 (c. 38)

35

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

The Pet Animals Act 1951 (c. 35)

36

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

The Rag Flock and Other Filling Materials Act 1951 (c. 63)

37

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

The Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)

38

• (1) The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with this paragraph.

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

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (8) In section 35(1) (interpretation)—

• (a) for the definition of “local authority” substitute—

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

;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Hypnotism Act 1952 (c. 46)

39

In section 2(4)(b) of the Hypnotism Act 1952 (meaning of “controlling authority”), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Post Office Act 1953 (c. 36)

40

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

The Emergency Laws (Miscellaneous Provisions) Act 1953 (c. 47)

41

In section 5(6)(b) of the Emergency Laws (Miscellaneous Provisions) Act 1953 (power of local authorities as respects letting of certain land), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Long Leases (Scotland) Act 1954 (c. 49)

42

In section 4(3) of the Long Leases (Scotland) Act 1954 (refusal of grant of feu right on ground of public interest), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64)

43

In section 6(1)(c) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 (revision of charges by independent harbour undertakings etc.), for the words from “a Passenger” to “combination” substitute “ the Strathclyde Passenger Transport Executive or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Army Act 1955 (c. 18)

44

• (1) The Army Act 1955 shall be amended in accordance with this paragraph.

• (2) In section 214(5) (application of the Act to Scotland), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In Schedule 5A (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Air Force Act 1955 (c. 19)

45

• (1) The Air Force Act 1955 shall be amended in accordance with this paragraph.

• (2) In section 212(5) (application of the Act to Scotland), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In Schedule 5A (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Valuation and Rating (Scotland) Act 1956 (c. 60)

46

In section 43(1) (interpretation) of the Valuation and Rating (Scotland) Act 1956, in the definition of “valuation authority”, for the words “section one of this Act” substitute “ section 27 of the Local Government etc. (Scotland) Act 1994 ”.

The Naval Discipline Act 1957 (c. 53)

47

In Schedule 4A to the Naval Discipline Act 1957 (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Land Drainage (Scotland) Act 1958 (c. 24)

48

In Schedule 1 to the Land Drainage (Scotland) Act 1958 (procedure for making, varying or revoking certain orders etc.), in paragraph 1, in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Disabled Persons (Employment) Act 1958 (c. 33)

49

In section 3(5) of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Matrimonial Proceedings (Children) Act 1958 (c. 40)

50

• (1) The Matrimonial Proceedings (Children) Act 1958 shall be amended in accordance with this paragraph.

• (2) In section 10(2) (committal of child to local authority), for the words from “of the region” to “which” substitute “ (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) in whose area ”.

• (3) In section 12(2) (supervision of child by local authority), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Trading Representations (Disabled Persons) Act 1958 (c. 49)

51

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

The Building (Scotland) Act 1959 (c. 24)

52

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

The Deer (Scotland) Act 1959 (c. 40)

53

• (1) The Deer (Scotland) Act 1959 shall be amended in accordance with this paragraph.

• (2) In section 25A (licences to deal in venison)—

• (a) in subsection (1) for “An islands or district” substitute “ A ”;

• (b) in subsection (2) the words “islands and district” shall cease to have effect; and

• (c) in subsections (4) and (5) the words “islands or district” shall cease to have effect.

• (3) In section 25D(8) (offences), the words “islands or district” shall cease to have effect.

• (4) In section 25F (interpretation of Part IIIA), immediately before the definition of “deer” insert—

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

.

The Caravan Sites and Control of Development Act 1960 (c. 62)

54

In section 24 of the Caravan Sites and Control of Development Act 1960 (power of local authorities to provide sites for caravans)—

• (a) in subsection (8), for the words from “an islands” to the end substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”; and

• (b) subsection (8A) shall cease to have effect.

The Factories Act 1961 (c. 34)

55

In section 176(1) of the Factories Act 1961 (general interpretation), in the definition of “district council”, for the words from “Scotland,” to the end substitute “ Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Flood Prevention (Scotland) Act 1961 (c. 41)

56

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

The Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)

57

In subsection (5) of section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (reduction and remission of rates payable by charities etc.), for “section two hundred and forty-four of the Act of 1947” substitute “ section 25A of the Local Government (Scotland) Act 1966 ”.

The Education (Scotland) Act 1962 (c. 47)

58

In section 145(16) of the Education (Scotland) Act 1962 (general definitions), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Betting, Gaming and Lotteries Act 1963 (c. 2)

59

• (1) The Betting, Gaming and Lotteries Act 1963 shall be amended in accordance with this paragraph.

• (2) In Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences), in paragraph 2, in the definition of “appropriate local authority”, in paragraph (b), for sub-paragraphs (i) and (ii) substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the relevant premises are, or are to be, situated; ”.

• (3) In Schedule 2 (registered pool promoters), in paragraph 1(1)(b), for “the council of an islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”.

• (4) In Schedule 3 (licensing of tracks for betting)—

• (a) in paragraph 5(2)—

• (i) in head (b)(i), for the words from “of” to “which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”;

• (ii) in head (b)(ii), for the words from “general” to “authority”, where it secondly occurs, substitute “ planning authority ”; and

• (iii) for the words from “ “general” to “them”” substitute “ “planning authority” has the meaning given ”; and

• (b) for paragraph 6(3) substitute—

(3) The authorities referred to in sub-paragraph (1)(e) of this paragraph are— (a) the planning authority for any area which includes the track or any part thereof; (b) any local authority whose area adjoins any area which includes the track or any part thereof, where that authority are not the licensing authority. In this sub-paragraph, the expression “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

.

The Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12)

60

• (1) The Local Government (Financial Provisions) (Scotland) Act 1963 shall be amended in accordance with this paragraph.

• (2) For subsection (4) of section 7 (apportionment) substitute—

(4) The assessor for each valuation area shall, not later than the date prescribed by order under section 13 of the Act of 1956 in the year preceding any year of revaluation, estimate the rateable valuation in that year of revaluation of that area, and shall send certified copies of the estimate so made to the rating authority for that area and to the Secretary of State.

.

• (3) In section 15 (comparison with other lands and heritages)—

• (a) in subsection (1B)—

• (i) for the words from the beginning to “General Rate Act 1967” substitute “ The rateable value ascribed in the non-domestic rating list maintained under the Local Government Finance Act 1988 ”;

• (ii) after “England and Wales” insert “ such as is mentioned in paragraph 2(1) of Schedule 6 to that Act ”; and

• (iii) for the words “net annual”, where they secondly occur, substitute “ rateable ”;

• (b) after subsection (1B) insert—

(1BA) The rateable value ascribed in the non-domestic rating list maintained under the Local Government Finance Act 1988 to a hereditament in England and Wales such as is mentioned in paragraph 2(1A) of Schedule 6 to that Act shall, for the purposes of subsections (1) and (1A) above, be treated as equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of subsection (1B) above, would reasonably be attributable to the non-domestic use of property. (1BB) The rateable value ascribed in the non-domestic rating list maintained under the Local Government Finance Act 1988 to a hereditament in England and Wales such as is mentioned in paragraph 2(1B) of Schedule 6 to that Act shall, for the purposes of subsections (1) and (1A) above, be treated as equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of subsection (1B) above, would, as regards the part of the hereditament which is not exempt from local non-domestic rating, be reasonably attributable to the non-domestic use of property.

;

• (c) in subsection (1C)(b)—

• (i) after “(1B)” insert “ , (1BA) or (1BB) ”; and

• (ii) for “that subsection” substitute “ the said subsection (1B), (1BA) or (1BB) ”; and

• (d) in subsection (2), for the words “section 4 of the Local Government (Scotland) Act 1975” substitute “ section 29 of the Local Government etc. (Scotland) Act 1994 ”.

• (4) For section 18 (lands and heritages not deemed to be occupied if subject to tenancy etc.) substitute—

(18) Notwithstanding anything in the definition of “occupier” in subsection (1) of section 379 of the Act of 1947, lands and heritages shall not be deemed for the purposes of section 24 of the Local Government (Scotland) Act 1966 to be occupied as respects the year 1994-95 or any subsequent year by reason only that they are subject to a tenancy or sub-tenancy.

.

• (5) In section 26(2) (interpretation), in the definition of “local authority”, for the words “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Animal Boarding Establishments Act 1963 (c. 43)

61

In section 5(2) of the Animal Boarding Establishments Act 1963 (interpretation), in the definition of “local authority”, for “the council of any islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Works Loans Act 1964 (c. 9)

62

After subsection (4) of section 6 (re-borrowing powers of public authorities) of the Public Works Loans Act 1964 insert—

(5) This section does not apply to local authorities constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or to joint boards in Scotland.

.

The Harbours Act 1964 (c. 40)

63

In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 3(ba), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Riding Establishments Act 1964 (c. 70)

64

In section 6(4) of the Riding Establishments Act 1964 (interpretation), in the definition of “local authority” for “the council of any islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Local Government (Development and Finance) (Scotland) Act 1964 (c. 67)

65

In section 16(1) of the Local Government (Development and Finance) (Scotland) Act 1964 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Gas Act 1965 (c. 36)

66

• (1) The Gas Act 1965 shall be amended in accordance with this paragraph.

• (2) In section 28(1) (interpretation of Part II), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

The Local Government (Scotland) Act 1966 (c. 51)

67

• (1) The Local Government (Scotland) Act 1966 shall be amended in accordance with this paragraph.

• (2) In section 25(1) (Schedule 3 to have effect), the words “the determination of rateable values,” shall cease to have effect.

• (3) In section 44(1) (game licences), for “islands and district councils” substitute “ local authorities ”.

• (4) In section 46(1) (interpretation)—

• (a) in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

• (b) for the definition of “rating authority” substitute—

“rating authority” has the meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994;

.

• (5) In paragraph 8 of Schedule 3 (rating of unoccupied property), for the words “have ceased” substitute the words “ has ceased ”.

The Plant Health Act 1967 (c. 8)

68

For subsection (3) of section 5 of the Plant Health Act 1967 (execution of Act by local authorities) substitute—

(3) The local authorities for the purposes of this Act shall be the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994

.

The Forestry Act 1967 (c. 10)

69

In section 40(2)(c)(ii) of the Forestry Act 1967 (compulsory purchase of land), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Slaughter of Poultry Act 1967 (c. 24)

70

In section 8 of the Slaughter of Poultry Act 1967 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Police (Scotland) Act 1967 (c. 77)

71

• (1) The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph.

• (2) In section 1(1) (police areas), for the words “for every region and for every islands area” substitute “ for every local government area ”.

• (3) In section 2(1) (police authorities and their functions), for the words from the beginning to “police authority” substitute “ For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority ”.

• (4) In section 18 (execution of warrants in borders)—

• (a) for the words “regions”, in each place where it occurs, substitute “ areas ”;

• (b) for the word “region”, in each place where it occurs, substitute “ area ”; and

• (c) for “Borders” in both places where it occurs, substitute “ Lothian and Borders ”.

• (5) In section 19 (amalgamation schemes)—

• (a) in subsections (2), (3), (4) (6), (7) and (9), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;

• (b) in subsection (3), for “committee”, where it secondly and thirdly occurs, substitute “ board ”;

• (c) subsection (5) shall cease to have effect; and

• (d) after subsection (9) insert—

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

.

• (6) After section 19 insert—

(19A) Every amalgamation scheme made under this Act shall include provision that any joint police board established by the scheme shall be incorporated with a common seal and have power to hold land and to borrow money.

.

• (7) In section 21 (amendment of amalgamation schemes)—

• (a) in subsection (1), for the words from the beginning to “section 20 of this Act” substitute—

(1) An amalgamation scheme may be amended or revoked— (a) in the case of a scheme made under section 19 of this Act, by a subsequent scheme made under that section or under section 20 of this Act; and (b) in the case of a scheme made under section 20 or 21B of this Act, by a subsequent scheme made under section 20 of this Act,

;

• (b) in subsection (2)(a), at the end insert “ or for the creation of any new combination of police areas; ”;

• (c) in subsection (2)(c) and (e), for the words “joint police committee”, in both places where they occur, substitute “ joint police board ”; and

• (d) in subsection (2)(c), for the words “such committee” substitute “ such police board ”.

• (8) In section 22(1) and (2), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”.

• (9) In section 23(6), for the words “joint police committee” substitute “ joint police board ”.

• (10) In section 26A(2) (power to give directions to police authority after adverse report), for the words “joint police committee” substitute “ joint police board ”.

• (11) In section 26B (police efficiency: allocation of funds), for the words “joint police committee” substitute “ joint police board ”.

• (12) In section 26C (duty of compliance), for the words “joint police committee” substitute “ joint police board ”.

• (13) In section 32 (police grant)—

• (a) in subsection (1), for the words “joint police committees” substitute “ joint police boards ”; and

• (b) in subsection (2), for the words—

• (i) “joint police committee” substitute “ joint police board ”; and

• (ii) “committee” substitute “ board ”.

• (14) In section 32A(1) (grants for expenditure on safeguarding national security), for the words “joint police committee” substitute “ joint police board ”.

• (15) In section 36(5) (common services), for the words “joint police committee” and “committee” substitute “ joint police board ” and “ board ” respectively.

• (16) In section 51(1) (interpretation)—

• (a) in the definition of “amalgamation scheme”, for the words “21A” substitute “ 21B ”; and

• (b) for the definition of “constituent authority” substitute—

“constituent authority” means a police authority whose area is included in a combined area by virtue of an amalgamation scheme;

.

• (17) In paragraph 4 of Schedule 2, for the words “joint police committee” substitute “ joint police board ”.

The Countryside (Scotland) Act 1967 (c. 86)

72

• (1) The Countryside (Scotland) Act 1967 shall be amended in accordance with this paragraph.

• (2) In section 46(2) (repair and maintenance of public rights of way), after “being a” insert “ public ”.

• (3) In section 48A (regional parks)—

• (a) in subsection (2)—

• (i) for “Regional councils” substitute “ Local authorities ”;

• (ii) for “region”, where it first occurs, substitute “ area ”;

• (iii) for “council” substitute “ authority ”;

• (iv) after “into” insert “ the area of ”;

• (v) for “region”, where it secondly occurs, substitute “ local authority ”; and

• (vi) for “regional councils” substitute “ authorities ”; and

• (b) in subsection (4)(c), for “council or councils” substitute “ local authority or authorities ”.

• (4) In section 49 (camping and caravan sites), subsection (5) shall cease to have effect.

• (5) In section 50(3) (provision of accommodation, meals etc.), for the words from “means” to the end substitute “ includes a planning authority ”.

• (6) In section 54(5) (byelaws), for the words from “means” to the end substitute “ includes a planning authority ”.

• (7) In section 63 (provision of recreational facilities by water authorities)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (11), the words from “and any reference” to the end shall cease to have effect.

• (8) In section 65(5) (authorities which may appoint rangers as respects waterways etc.)—

• (a) paragraph (c);

• (b) in paragraph (f), the words “within the meaning of section 109(1) of the Water (Scotland) Act 1980”; and

• (c) paragraph (g),

shall cease to have effect.

• (9) In section 78(1) (interpretation)—

• (a) in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The New Towns (Scotland) Act 1968 (c. 16)

73

• (1) The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph.

• (2) In section 1A(1)(b) (reduction of designated areas), for “any regional council, district council and islands council” substitute “ the local authority ”.

• (3) In section 35(2) (power of development corporation to transfer their undertakings)—

• (a) for the words from “council of” to “which” substitute “ local authority in whose area ”; and

• (b) for “council”, where it secondly occurs, substitute “ local authority ”.

• (4) In section 36(2)(b) (winding up of development corporation), for the words from “council” to “which” substitute “ local authority in whose area ”.

• (5) In section 47(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (6) In paragraph 2 of Schedule 1 (procedure for designating site of new town), for the words from “council” to “district in which” substitute “ local authority in whose area ”.

The Health Services and Public Health Act 1968 (c. 46)

74

• (1) The Health Services and Public Health Act 1968 shall be amended in accordance with this paragraph.

• (2) In section 63(2)(c) (activities in respect of which instruction may be provided etc.), for the words from “or”, where it fourthly occurs, to the end substitute “ or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In section 65(6) (financial and other assistance by local authorities to certain voluntary organisations)—

• (a) in substituted subsection (2A)—

• (i) for “district and islands council” substitute “ local authority ”; and

• (ii) for “council”, where it secondly and thirdly occurs, substitute “ local authority ”; and

• (b) in substituted subsection (2B)(a), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Sewerage (Scotland) Act 1968 (c. 47)

75

• (1) The Sewerage (Scotland) Act 1968 shall be amended in accordance with this paragraph.

• (2) In section 1 (duty of local authority to provide for sewerage in their area)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for subsection (2) substitute—

(2) Without prejudice to the generality of subsection (1) above— (a) a sewerage authority shall, subject to paragraph (b) below, take their public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost; (b) where the sewerage authority have agreed with some other person (in this section referred to as the “private provider”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists.

;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in subsection (4)—

• (i) for “public sewers” substitute “ a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider, ”;

• (ii) for “local authority concerned” substitute “ sewerage authority, or as the case may be private provider, concerned ”; and

• (iii) for “local authority”, where those words secondly occur, substitute “ authority or private provider ”; and

• (e) after subsection (4) add—

(5) The Secretary of State may by regulations make provision as respects the procedure to be followed as respects a request under subsection (4) above. (6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

.

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

• (4) In section 3 (construction etc. of public sewers and public sewage treatment works)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (3), after “notices”—

• (i) where it secondly occurs, insert “ served by a sewerage authority ”; and

• (ii) where it thirdly occurs, insert “ served by a local authority ”.

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 7 (agreements between local authorities and the Secretary of State as respects provision, management, maintenance or use of sewers or drains to take water from surface of trunk road etc.)—

• (a) in subsection (1)—

• (i) for “the Secretary of State” substitute “ a roads authority ”;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) for “trunk roads” substitute “ a road ”;

• (b) in subsection (2)—

• (i) for “the Secretary of State” substitute “ a roads authority ”; and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in subsection (3)—

• (i) for “The Secretary of State or a local” substitute “ A roads authority or a sewerage ” and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) at the end add—

(3A) In the foregoing provisions of this section, “roads authority” has the same meaning as in the Roads (Scotland) Act 1984.

.

• (8) In section 11 (keeping of map showing public sewers etc.)—

• (a) for subsection (1) substitute—

(1) A sewerage authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994 or in respect of which they have made a determination under section 3A(2) of this Act; 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.

;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) at the end add—

(3) A sewerage 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. (4) For the purposes of subsection (3) 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 sewerage authority to be appropriate having regard to the geographical location of that office.

.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In section 15 (owner or occupier to remedy defects in drains and other works)—

• (a) in subsection (1)—

• (i) after “local authority” insert “ or a sewerage authority ”;

• (ii) after “vested in the” insert “ sewerage ”; and

• (iii) for “they” substitute “ the authority in question ”;

• (b) in subsection (3), for “local authority”—

• (i) where those words first occur, substitute “ authority which served the notice ”; and

• (ii) where they occur in the proviso, substitute “ authority in question ”; and

• (c) in subsection (4)—

• (i) for the words from “the medical” to “local authority” substitute “ a local authority or a sewerage authority that immediate action is required to remedy a defect ”; and

• (ii) in paragraph (c), after “authority” insert “ which served the notice ”.

• (13) In section 16 (vesting of sewers and other works)—

• (a) in subsection (1)—

• (i) for the words from the beginning to “vest in them” substitute “ There shall vest in a sewerage authority ”; and

• (ii) for paragraph (c) substitute—

(c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers connecting with their sewers or sewage treatment works; (cc) where they enter into an agreement under subsection (2) of the said section 3A or under subsection (2) of section 16A of this Act (and subject to the terms of that agreement), all private sewers, or as the case may be parts of sewers, to which the agreement relates;

;

• (b) in subsection (2), for “the commencement of this section shall vest in the local” substitute “ 1st April 1996 shall vest in the sewerage ”; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) After section 16 insert—

(16A) (1) Subject to any agreement entered into under subsection (2) below, there shall vest in a person authorised, under subsection (1) of section 3A of this Act, by a sewerage authority to construct a sewer not connecting with their sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection or by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal. (2) Notwithstanding subsection (1) above, the sewerage authority may, on such terms and conditions as they think fit, at any time enter into an agreement under which the sewer, or any part of it, shall vest in them.

.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) Section 18 (expenses of local authorities and dissolution of drainage districts) shall cease to have effect.

• (17) In section 20 (compensation for loss etc, resulting from exercise of powers under Part I)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (3), for “12” substitute “ 24 ”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) at the end add—

(5) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to a sewerage authority constructing a sewer under section 3(1), of this Act.

.

• (18) In section 21(1) (buildings not to interfere with sewers)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after “erected” insert “ or embankment constructed ”; and

• (c) at the end add “ or in respect of which they have made a determination under section 3A(2) of this Act ”.

• (19) In section 22 (protection for statutory undertakers)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after subsection (2) insert—

(2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to a sewerage authority constructing a sewer under section 3(1), of this Act.

.

• (20) In section 23 (restriction on working minerals), for the words from “any public” to the end substitute

— (a) any public sewers, public sewage treatment works or public drains; and (b) any sewers, sewage treatment works or drains not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994, to which they do not already apply, with the substitution— (i) for references to the railway, of references to the sewers, works or drains; and (ii) for references to the company, of references to the sewerage authority, or as the case may be to the person other than a sewerage authority, in whom the sewers, works or drains are vested.

.

• (21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (23) Sections 40 (powers of local authorities as to research and publicity) and 47 (recovery of expenses by local authority) shall cease to have effect.

• (24) In section 48 (powers of entry)—

• (a) in subsection (1)—

• (i) for “an authorised officer of a local authority” substitute “ any person duly authorised by a sewerage authority (whether or not an employee of the authority and whether such authorisation is special or general) ”;

• (ii) in paragraph (d), at the end add “ or which may be authorised by them under section 3A of this Act ”;

• (iii) after paragraph (d) insert—

(dd) inspecting, maintaining, repairing, cleansing, emptying, ventilating or renewing any sewer which is not a public sewer but forms part of any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994;

; and

• (iv) in paragraph (f), for the words from “the sewers” to the end substitute

— (i) public sewers or public sewage treatment works; or (ii) sewers or sewage treatment works not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in the said section 98(1)(b).

;

• (b) in subsection (3)—

• (i) for “entering” substitute “ entry is made ”; and

• (ii) for “local authority” substitute “ the authorised person, or the sewerage authority on his behalf, ”; and

• (c) in subsection (10), for “local authority” substitute “ person who carried it out ”.

• (25) In section 51 (procedure on appeal to Secretary of State)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after subsection (6) add—

(7) The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal. (8) The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

.

• (26) Section 52 (exemption from stamp duties) shall cease to have effect.

• (27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (28) In section 59(1) (interpretation)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the definitions of “authorised officer” and “local authority” shall cease to have effect;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in the definition of “public drain”, at the end add “ or a sewerage authority ”;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the definition of “trunk road” shall cease to have effect.

The Social Work (Scotland) Act 1968 (c. 49)

76

• (1) The Social Work (Scotland) Act 1968 shall be amended in accordance with this paragraph.

• (2) In section 1(2) (local authorities for the administration of the Act), for the words “regional and islands councils” substitute the words “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

• (3) In section 5 (powers of Secretary of State)—

• (a) in subsection (1A) for the words “section 2(2) of this Act” there shall be substituted the words “ subsection (1B) below ”; and

• (b) after subsection (1A) there shall be added—

(1B) The enactments referred to in subsection (1A) above are— (a) this Act as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986; (b) Part IV of the Children and Young Persons (Scotland) Act 1937; (c) section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the National Assistance Act 1948; (d) the Disabled Persons (Employment) Act 1958; (e) sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the Guardianship Act 1973; (f) sections 23, 24, 297 and 329 of the Criminal Procedure (Scotland) Act 1975; (g) the Children Act 1975; (h) the Adoption Act 1976; (i) the Adoption (Scotland) Act 1978; (j) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983; (k) the Mental Health (Scotland) Act 1984; (l) the Foster Children (Scotland) Act 1984; (m) sections 38(b) and 235 of the Housing (Scotland) Act 1987; (n) the Access to Personal Files Act 1987; and (o) section 19 and Part X of the Children Act 1989.

; and

• (c) in subsection (2), for paragraph (c) there shall be substituted—

(c) the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) and (o) of subsection (1B) above

.

• (4) In section 5A(3) (local authority plans for community care services)—

• (a) paragraph (b) shall cease to have effect; and

• (b) in paragraph (c), for “section 2(2)” substitute “ 5(1B) ”.

• (5) In section 5B(1) (complaints procedure), for “referred to in section 2(2)” substitute “ mentioned in section 5(1B) ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 10(1) (making of grants and loans for social work), for the words from “enactments” to “of this Act” substitute “ mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act ”.

• (8) In section 20A(1) (powers of local authority in course of review of child in care) for “their reporter” substitute “ the Principal Reporter ”.

• (9) In section 27(3)(c) (content of probation, community service and supervised attendance scheme etc.), for the words from “the social” to the end substitute “ a committee or sub-committee of such authorities ”.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (26) For “reporter”, wherever occurring, substitute “ Principal Reporter ”.