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Local Government etc. (Scotland) Act 1994

1994 CHAPTER 39

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Local Government Reorganisation

    1. Chapter 1

      Local Government Areas, Authorities and Elections

      1. 1. Local government areas in Scotland.

      2. 2. Constitution of councils.

      3. 3. Orkney, Shetland and Western Isles.

      4. 4. Convener and depute convener.

      5. 5. Elections and term of office of councillors.

      6. 6. Date of elections.

      7. 7. Establishment of new local authorities and supplementary provisions.

    2. Chapter 2

      Staff

      1. 8. Transfer of employees.

      2. 9. Effect of section 8 on contracts of employment.

      3. 10. Continuity of employment.

      4. 11. Remuneration of employees of local authorities.

      5. 12. Staff commission.

      6. 13. Compensation for loss of office or diminution of emoluments.

      7. 14. Employment by new authorities.

    3. Chapter 3

      Property

      1. 15. Transfer of property.

      2. 16. Property held on trust.

      3. 17. Educational endowments.

      4. 18. Residuary bodies.

      5. 19. Property commission.

    4. Chapter 4

      General

      1. 20. Joint committees and joint boards.

      2. 21. Application of section 211 of the 1973 Act to joint boards.

      3. 22. Community councils.

      4. 23. Duty to prepare decentralisation schemes.

    5. Chapter 5

      Finance

      1. Transitional provisions

        1. 24. Transitional provisions: finance.

        2. 25. Financing of new authorities prior to 1st April 1996.

      2. Valuation and rating

        1. 26. Valuation lists.

        2. 27. Valuation areas and authorities and appointment of assessors etc.

        3. 28. Valuation rolls.

        4. 29. Valuation appeal panels and committees.

        5. 30. Rating authorities.

    6. Chapter 6

      Functions

      1. Education

        1. 31. Education.

        2. 32. Co-operation between education authorities.

      2. Planning

        1. 33. Structure plans.

      3. Police

        1. 34. Reorganisation of police areas.

        2. 35. Amalgamation schemes.

      4. Fire services

        1. 36. Fire services.

      5. Rivers

        1. 37. River purification boards.

      6. Roads

        1. 38. Roads.

        2. 39. Roads authority for boundary bridges.

      7. Public transport

        1. 40. Establishment etc. of Strathclyde Passenger Transport Authority.

        2. 41. Amendment of section 13 of Transport Act 1968.

      8. Traffic

        1. 42. Power to secure management of traffic control system.

        2. 43. Guidance as to exercise of traffic powers.

        3. 44. Restriction on order-making powers of existing authorities.

      9. Social work

        1. 45. Chief social work officer.

    7. Chapter 7

      Miscellaneous

      1. 46. Licensing boards.

      2. 47. Proceedings in district courts: transitional provisions.

      3. 48. Amendment of District Courts (Scotland) Act 1975.

      4. 49. Justices of the peace.

      5. 50. Stipendiary magistrates.

      6. 51. Registration of births, deaths and marriages.

      7. 52. Tweed Fisheries Commissioners.

      8. 53. Records held by local authorities.

      9. 54. Use, acquisition and disposal of records.

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

      11. 56. Duty of existing authorities and assessors to provide information to new authorities.

      12. 57. Power and duty of existing local authorities to assist new authorities.

      13. 58. Further provision as to discharge of functions by authorities.

      14. 59. Local Acts and instruments.

      15. 60. Applications to sheriff in cases of difficulty.

      16. 61. Interpretation of Part I.

  2. Part II

    Water and Sewerage Reorganisation

    1. New water and sewerage authorities

      1. 62. New water and sewerage authorities.

      2. 63. Alteration of water areas and sewerage areas.

      3. 64. Maps of areas.

      4. 65. General duties of Secretary of State and of new authorities.

      5. 66. Codes of practice for new water and sewerage authorities.

    2. Protection of customers' interests etc.

      1. 67. Scottish Water and Sewerage Customers Council

      2. 68. Functions of Customers Council.

      3. 69. Power of Customers Council to require information.

      4. 70. Annual reports by, and information from, Customers Council.

      5. 71. Funding of Customers Council.

      6. 72. References to Monopolies and Mergers Commission.

    3. Environmental protection

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

    4. Charges

      1. 74. Charges for services provided.

      2. 75. Maximum charges for services provided with help of new authority.

      3. 76. Charges schemes.

      4. 77. Publication of summary of charges scheme.

      5. 78. Liability of occupiers etc. for charges.

      6. 79. Collection of charges by local authority.

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

      8. 81. Reduced charges.

      9. 82. Arrears of charges: restrictions on voting.

    5. Finances of new authorities

      1. 83. Duties and powers relating to finance.

      2. 84. Financing and borrowing.

      3. 85. Guarantees.

      4. 86. Directions as to payment and investment.

      5. 87. Accounts.

      6. 88. Audit of accounts.

    6. Subsidiary powers of new authorities

      1. 89. Subsidiary powers of new authorities.

    7. Dissolution of Central Scotland Water Development Board

      1. 90. Dissolution of Central Scotland Water Development Board.

    8. Transfer of property, rights and liabilities to new authorities

      1. 91. Transfer of property, rights and liabilities to new authorities.

      2. 92. Transfer schemes: general.

      3. 93. Preparations for transfer of functions etc. to new authorities.

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

      5. 95. Supplementary provision as to transfer schemes.

      6. 96. Transfer schemes: exemption from stamp duty and stamp duty reserve tax.

    9. Transfer etc. of staff

      1. 97. Staff: application of Chapter 2 of Part I etc.

    10. Land transactions

      1. 98. Acquisition of land by agreement.

      2. 99. Compulsory acquisition of land.

      3. 100. Disposal of land.

    11. Amendment of Sewerage (Scotland) Act 1968

      1. 101. Authorisation of construction of certain private sewers etc.

      2. 102. Emptying of septic tanks.

      3. 103. Register as respects trade effluents.

      4. 104. Disapplication of restrictions on disclosure of information.

    12. Further amendment of Water (Scotland) Act 1980

      1. 105. Restriction on references to Secretary of State of questions regarding water supply.

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

      3. 107. Supply of water for use outwith Scotland.

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

      5. 109. Right of objection to proposed laying of mains.

      6. 110. Vesting of certain supply pipes.

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

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

      9. 113. Actings of Secretary of State on default of water authority.

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

      11. 115. Regulations as to certain procedures.

    13. Miscellaneous provisions as respects new authorities

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

      2. 117. Directions in the interests of national security.

      3. 118. Provision of information, etc.

      4. 119. Records held by new authorities.

      5. 120. Duty of new authorities to collaborate.

      6. 121. Power of new authorities to promote or oppose private legislation.

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

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

    14. Other miscellaneous provisions

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

    15. General

      1. 125. Interpretation of Part II.

      2. 126. Orders under Part II.

  3. Part III

    The Principal Reporter and the Scottish Children’s Reporter Administration

    1. The Principal Reporter

      1. 127. The Principal Reporter.

    2. The Scottish Children’s Reporter Administration

      1. 128. The Scottish Children’s Reporter Administration.

      2. 129. Appeal against dismissal of Principal Reporter and other officers.

    3. Additional functions of the Principal Reporter

      1. 130. Annual report of Principal Reporter.

      2. 131. Delegation of Principal Reporter’s functions.

    4. Functions of the Administration

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

      2. 133. Ancillary powers of Administration.

      3. 134. Directions by the Secretary of State.

    5. Finance of the Administration

      1. 135. Government grants to the Administration.

    6. Reports, accounts etc. of the Administration

      1. 136. Reports, accounts etc. of the Administration.

    7. General and supplemental

      1. 137. Staff: application of Chapter 2 of Part I.

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

  4. Part IV

    Miscellaneous

    1. Social work

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

    2. Voluntary organisations

      1. 140. Power of local authorities to provide assistance to voluntary organisations.

    3. Byelaws

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

    4. Polling districts

      1. 142. Organisation of polling districts.

    5. Education

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

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

      3. 145. Provision of school transport and other facilities.

    6. Roads

      1. 146. Definition of “road”.

      2. 147. Provisions consequential on making of special road order.

      3. 148. Toll orders.

      4. 149. Road works register.

      5. 150. Traffic signs.

    7. Valuation and rating

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

      2. 152. Amendment of definition of “lands and heritages”.

      3. 153. Power of Secretary of State to prescribe amount of non-domestic rate.

      4. 154. Rating of unoccupied lands and heritages.

      5. 155. Rating of lands and heritages partly unoccupied for a short time.

      6. 156. Remission of rates on account of hardship.

      7. 157. Certain orders relating to valuation not to be treated as hybrid.

      8. 158. Grants in respect of certain rate rebates.

      9. 159. Rating of enterprise zone.

      10. 160. Further provision as to valuation by formula.

      11. 161. Power of Secretary of State to combine and divide lands and heritages.

      12. 162. Abolition of Scottish Valuation Advisory Council.

    8. Amendment of Transport Act 1968

      1. 163. Guarantees by Strathclyde Passenger Transport Authority.

    9. Finance

      1. 164. Calculation of limits on spending.

      2. 165. Powers of authorities to borrow and lend money.

      3. 166. Grants in relation to ethnic minorities.

      4. 167. Special grants.

      5. 168. Direct Labour Organisation/Direct Services Organisation Accounts.

      6. 169. Statements of support services costs.

    10. Resources

      1. 170. Effective use of resources.

    11. Economic development

      1. 171. Functions to include promotion of economic development.

    12. Tourism

      1. 172. Duty of Secretary of State to establish area tourist boards.

      2. 173. Power of Secretary of State to amend and revoke schemes.

      3. 174. Power of local authority to submit amending schemes to Secretary of State.

      4. 175. Provision of assistance to boards by old authorities.

      5. 176. Powers to carry on tourism-related activities.

  5. Part V

    General and Supplementary

    1. General

      1. 177. Parliamentary disqualification.

      2. 178. Financial provisions.

      3. 179. Savings.

    2. Supplementary

      1. 180. Minor and consequential amendments and repeals.

      2. 181. Consequential and supplementary provisions.

      3. 182. Further transitional provisions.

      4. 183. Interpretation and amendment of statutory references.

      5. 184. Short title, commencement and extent.

  6. Schedules:

    1. Schedule 1

      New local government areas.

      1. Part I

        New areas.

      2. Part II

        Provisions as to boundaries.

    2. Schedule 2

      Establishment of new local authorities.

    3. Schedule 3

      Residuary bodies.

    4. Schedule 4

      Amendments of the 1972 Act.

    5. Schedule 5

      Strathclyde Passenger Transport Authority.

      1. Part I

        The Authority.

      2. Part II

        Matters which may be dealt with by order under section 40.

    6. Schedule 6

      Entry relating to new Scottish local authority to be inserted in Schedule 1 to the Tweed Fisheries Act 1969.

    7. Schedule 7

      Constitution and proceedings etc. of a new water and sewerage authority.

    8. Schedule 8

      Water and sewerage areas.

    9. Schedule 9

      Constitution and proceedings etc. of the Scottish Water and Sewerage Customers Council.

    10. Schedule 10

      Recovery by diligence of charges payable to a collecting authority by virtue of section 79.

    11. Schedule 11

      Water and sewerage transfer schemes.

    12. Schedule 12

      Status, constitution and proceedings of the Scottish Children’s Reporter Administration.

    13. Schedule 13

      Minor and consequential amendments.

    14. Schedule 14

      Repeals.

An Act to make provision with respect to local government and the functions of local authorities; to make amendments in relation to local government finance, local authority accounts and the records of local authorities; to establish a Strathclyde Passenger Transport Authority for the purposes of the Transport Act 1968; to provide for the establishment of new water and sewerage authorities; to provide for the establishment of a council to represent the interests of customers and potential customers of those new authorities; to provide for the vesting in those new authorities of the property, rights and liabilities of the Central Scotland Water Development Board and of such property, rights and liabilities of regional and islands councils as those councils have as water authorities, as providers of sewerage and in relation to dealing with the contents of sewers; to provide for the dissolution of that Board; to cancel certain obligations to contribute towards expenses which have been incurred by local authorities in making provision for sewerage or disposal of sewage in rural localities; to create an office of Principal Reporter and transfer to him the functions of reporters to children’s hearings; to establish a body to facilitate the performance by the Principal Reporter of his functions; to amend the Social Work (Scotland) Act 1968 in relation to children’s hearings; to amend the procedure for making byelaws under section 121 of the Civic Government (Scotland) Act 1982; to transfer to local authorities responsibility for fixing and reviewing polling districts and polling places in Parliamentary elections; to amend section 21 of the Self-Governing Schools etc. (Scotland) Act 1989; to amend the law relating to roads and the placing of traffic signs on roads; to make amendments in relation to valuation and rating; to abolish the Scottish Valuation Advisory Council; to empower the Strathclyde Passenger Transport Authority to guarantee certain obligations; to empower local authorities to make grants to ethnic minorities; to confer on local authorities the function of promoting economic development; to provide for the establishment of area tourist boards; to make amendments in relation to lieutenancies; all as respects Scotland; and for connected purposes.

[3rd November 1994]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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