PART I continued CHAPTER 6 continued
(1) With effect from 1st April 1996 there shall be a Passenger Transport Authority to be known as the Strathclyde Passenger Transport Authority (in this section referred to as “the Authority”) for the Strathclyde Passenger Transport Area for the purposes of Part II of the [1968 c. 73.] Transport Act 1968.
(2) On 1st April 1996 all of the functions, staff, property, rights, liabilities and obligations of Strathclyde Regional Council as Passenger Transport Authority shall be transferred to and vest in the Authority.
(3) Section 9 of this Act shall apply to any person transferred to the Authority under this section as if any reference in that section to a new authority included a reference to the Authority.
(4) The Secretary of State may by order—
(a) designate the passenger transport area of the Authority; and
(b) make provision for the constitution and membership of the Authority in accordance with the provisions of Schedule 5 to this Act.
(5) Without prejudice to the provisions of the said Schedule 5, an order under subsection (4) above shall include—
(a) such provision with respect to any of the matters referred to in that Schedule; and
(b) such supplementary, incidental and consequential provision,
as the Secretary of State considers necessary or expedient.
(6) Before making an order under subsection (4) above the Secretary of State shall consult such persons or bodies as he thinks fit.
(7) The following provisions of the 1973 Act shall apply, subject to any necessary modifications, with respect to the Authority as they apply with respect to a local authority or, in the case of section 106(2), a body, that is to say—
(a) section 95 (financial administration);
(b) section 96 (accounts and audit);
(c) section 97 (Commission for Local Authority Accounts in Scotland);
(d) section 97A (studies for improving economy etc. in services);
(e) section 97B (furnishing of information and documents to Commission);
(f) section 98 (expenses and accounts of Commission);
(g) section 99 (general duties of auditors);
(h) section 100 (auditor’s right of access to documents);
(i) section 101 (right of interested person to inspect and object to accounts: completion of audit);
(j) section 102 (reports to Commission by Controller of Audit);
(k) section 103 (action by Commission on reports by Controller of Audit);
(l) section 104 (action by Secretary of State on recommendation by Commission under section 103(3));
(m) section 105 (regulations as to accounts); and
(n) section 106(2) (accounts of officer to be audited in certain circumstances).
(8) The Secretary of State may by order vary the passenger transport area of the Authority.
(9) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Schedule 5 to this Act (which makes provision for the constitution, proceedings etc. of the Authority) shall have effect.
For section 13 of the Transport Act 1968 (grants to the Executive) there shall be substituted—
(1) Any expenditure of the Strathclyde Passenger Transport Authority shall, in so far as not otherwise met, be met by the local authorities whose areas lie wholly or partly within the area of the Authority in such proportions as the [1968 c. 73.] authorities may agree.
(2) Where—
(a) the authorities mentioned in subsection (1) above cannot reach agreement as to the proportions in which the expenditure of the Authority shall be met by them and the Authority make an application to the Secretary of State for resolution of the matter; or
(b) it appears to the Secretary of State that those authorities are unable to reach such agreement,
the Secretary of State shall determine the proportions in which such expenditure shall be met by those authorities.
(3) The Authority shall have power to make grants to the Executive for any purpose.”.
(1) Where the Secretary of State considers that—
(a) for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and
(b) the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the [1984 c. 27.] Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control,
he may make an order under this section.
(2) An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system.
(3) The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above.
(4) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions—
(a) as may be agreed between the authorities; or
(b) where there is no agreement, as may be determined by him.
(5) In this section—
“road” has the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984; and
“traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984.
(1) For the purpose of ensuring that the exercise by an authority of any of the powers mentioned in subsections (2) and (3) below does not have an adverse effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—
(a) on the roads of any other authority; or
(b) on the national system of routes for through traffic in Scotland,
the Secretary of State may issue guidance to an authority as to the exercise of those powers.
(2) The powers referred to in subsection (1) above are the powers of an authority to make, vary or revoke orders under or by virtue of any of the following sections of the Road Traffic Regulation Act 1984, that is to say—
(a) section 1 (traffic regulation orders);
(b) section 9 (experimental traffic orders);
(c) section 19 (orders concerning public service vehicles);
(d) section 32 (provision of parking places by authorities);
(e) section 35 (orders as to use of parking places);
(f) section 37 (orders relating to general scheme of traffic control);
(g) section 38 (orders as to use of parking places as bus or coach stations);
(h) section 45 (orders designating paying parking places);
(i) section 46 (further orders regulating paying parking places);
(j) section 49 (designation orders and designated parking places);
(k) section 53 (designation orders);
(l) section 82(2) (directions concerning restricted roads); and
(m) section 84 (speed limits on certain roads).
(3) The powers referred to in subsection (1) above are the powers of an authority under sections 36 (construction of road humps) and 39A (construction of traffic calming works) of the [1984 c. 54.] Roads (Scotland) Act 1984.
(4) Before issuing guidance under this section the Secretary of State shall consult the Common Services Agency for the Scottish Health Service in respect of the provision by them of an ambulance service by virtue of the National Health Service (Functions of the [S.I. 1974/467.] Common Services Agency) (Scotland) Order 1974 and—
(a) the chief constables of the police forces maintained;
(b) the fire authorities (within the meaning of the [1947 c. 41.] Fire Services Act 1947); and
(c) the authorities,
for the areas to which the guidance relates.
(5) Without prejudice to his power to make regulations under paragraph 21 of Schedule 9 to the [1984 c. 27.] Road Traffic Regulation Act 1984 or, as the case may be, section 39B(1) of the Roads (Scotland) Act 1984, the Secretary of State may by regulations make provision as to the procedures to be followed by authorities in relation to the guidance.
(6) An authority shall, before exercising any power mentioned in subsections (2) and (3) above, and subject to any regulations made under subsection (5) above—
(a) have regard to any guidance issued to them under this section;
(b) consider whether the proposed exercise of such power would be likely to have an effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—
(i) on a road in the area of any other authority; or
(ii) on a road in the national system of routes for through traffic in Scotland; and
(c) if the proposed exercise would, in their opinion, have such an effect, consult—
(i) in the case of a road such as is mentioned in paragraph (b)(i) of this subsection, the other authority; or
(ii) in the case of a road such as is mentioned in paragraph (b)(ii) of this subsection, the Secretary of State.
(7) Where an authority take any action which, in the opinion of the Secretary of State—
(a) is contrary to any guidance issued to the authority under this section; and
(b) has or is likely to have an adverse effect on either of the matters referred to in paragraphs (a) and (b) of subsection (1) above,
the Secretary of State may, after consulting the authority, direct the authority to take such steps within a period specified by him as may be necessary to conform with that guidance.
(8) If, in the opinion of the Secretary of State, an authority have failed to comply with a direction under subsection (7) above, he may exercise any of their powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from that authority.
(9) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(10) In this section—
“authority” means—
in relation to the exercise of the powers mentioned in subsection (2) above, a traffic authority (within the meaning of the [1984 c. 27.] Road Traffic Regulation Act 1984); and
in relation to the exercise of the powers mentioned in subsection (3) above, a roads authority (within the meaning of the [1984 c. 54.] Roads (Scotland) Act 1984); and
“road” has the same meaning as in the Roads (Scotland) Act 1984.
(1) Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order—
(a) will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and
(b) will continue in effect after 31st March 1996,
they shall, before making the order, seek the consent of the successor authority.
(2) The orders referred to in subsection (1) above are any orders made under the following provisions of the [1984 c. 27.] Road Traffic Regulation Act 1984—
(a) section 1 (traffic regulation orders);
(b) section 9 (experimental traffic orders);
(c) section 14 (temporary traffic orders);
(d) section 32 (provision of parking places by authorities);
(e) section 35 (orders relating to use of parking places);
(f) section 37 (orders as to general scheme of traffic control);
(g) section 45 (orders designating paying parking places);
(h) section 46 (further orders regulating paying parking places); and
(i) section 84 (speed limits on certain roads).
(3) Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.
(4) Where—
(a) a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and
(b) the successor authority have failed, within 6 weeks of such consent being sought, to consent,
the successor authority shall be deemed to have given such consent.
(5) In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.
—For section 3 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (director of social work), there shall be substituted the following section—
(1) For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.
(2) The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.”.
(1) A council may determine whether their area shall be divided into licensing divisions for the purposes of the [1976 c. 66.] Licensing (Scotland) Act 1976.
(2) Where a determination is made under this section, the council shall forthwith notify the Secretary of State of such determination and cause notice thereof to be published in two successive weeks in one or more newspapers circulating in the area.
(3) Every council shall, by no later than 31st March 1996, elect the members of the licensing board for—
(a) their area; or
(b) where a determination has been made under this section, each licensing division of their area.
(4) Any thing done by any licensing board for any area before 1st April 1996 shall, to the extent that it has effect before that date, have effect after that date as if it had been done by the licensing board for that area (or, as the case may be, the licensing board whose area falls wholly or partly within that area) on that date.
(5) In this section “council” means a council constituted under section 2 of this Act.
Where proceedings were instituted before 1st April 1996 in any district court and those proceedings have not been completed by that date, then, for the purpose of enabling those proceedings to be continued on and after that date, and for preserving in other respects the continuity of the administration of justice—
(a) the district court having jurisdiction on and after that date in the area where the proceedings were instituted shall be treated as succeeding to, and being the same court as, the district court in which the proceedings were instituted, and any verdict, sentence, order, complaint, notice, citation, warrant, or other proceedings or document shall have effect accordingly; and
(b) the clerk of the district court in which the proceedings were instituted shall transfer all records, productions and documents relating to those proceedings to the clerk of the district court treated as succeeding to that court.
In section 2 of the [1975 c. 20.] District Courts (Scotland) Act 1975 (district of, and exercise of jurisdiction by, district court), after subsection (1) there shall be inserted the following subsection—
“(1A) In determining where and when a district court should sit, a local authority shall have regard to the desirability of minimising the expense and inconvenience occasioned to those directly involved, whether as parties or witnesses, in the proceedings before the court.”.
(1) Any person holding office as justice of the peace for any commission area by virtue of the provisions of section 9(2) or 10(3) of the [1975 c. 20.] District Courts (Scotland) Act 1975 immediately before 1st April 1996 shall, on and after that date, hold office as justice of the peace for the commission area in which he resides on that date.
(2) Any person holding office as justice of the peace for any commission area on and after 1st April 1996 by virtue of the provisions of subsection (1) above shall hold that office as if appointed in accordance with the said section 9(2).
(3) Where the Secretary of State is satisfied in all the circumstances that it is expedient that any such person as is mentioned in subsection (1) above should hold that office for another commission area, he may so direct; and any such direction shall have effect, and shall be treated for the purposes of the said Act of 1975, as an instrument appointing that person in accordance with the said section 9(2) to hold office for such commission area as is mentioned in the direction.
(1) Any person who holds office as stipendiary magistrate for any area immediately before 1st April 1996 shall, on that date, become a stipendiary magistrate in the district court having jurisdiction in that area and shall be deemed in all respects to have been appointed by virtue of section 5(1) of the District Courts (Scotland) Act 1975.
(2) The provisions of sections 8, 9 and 10 of this Act shall apply, subject to any necessary modifications, to the transfer of stipendiary magistrates on 1st April 1996.
(1) The [1965 c. 49.] Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with the provisions of this section.
(2) For section 5(3) (registration districts and registration authorities) there shall be substituted the following subsection—
“(3) For each registration district there shall be a local registration authority which shall be the local authority in whose area the registration office or the principal premises of that office are, immediately before the commencement of section 51 of the Local Government etc. (Scotland) Act 1994, situated.”.
(3) In section 8 (registration offices)—
(a) in subsection (1), after the words “registration office” there shall be inserted the words “which may comprise principal premises and such subordinate premises as they may, with the approval of the Registrar General, consider appropriate”; and
(b) at the end there shall be inserted the following subsection—
“(6) References in this Act to the registration office shall, unless the context otherwise requires, be construed as including all the premises provided and maintained by a local registration authority as parts of the registration office.”.
(4) In section 15 (information concerning finding of infant children)—
(a) in subsections (1) and (3), for the words “director of social work” there shall be substituted “chief social work officer”; and
(b) subsection (4) shall cease to have effect.
(5) In section 56(1) (interpretation), after the definition of “function” there shall be inserted the following definition—
““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”.
(1) On 1st April 1996 each person holding office as representative commissioner appointed by any of the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale or Tweeddale under the [1969 c. xxiv.] Tweed Fisheries Act 1969 shall go out of office.
(2) The function of appointing representatives formerly appointed by the councils mentioned in subsection (1) above shall be transferred to the new council for the Borders.
(3) In Schedule 1 to the said Act of 1969, for the entries relating to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale there shall be substituted the entry relating to the Borders Council set out in Schedule 6 to this Act.
(1) A local authority shall, in accordance with the provisions of this section, make proper arrangements for the preservation and management of any records which have been—
(a) transferred to and vested in them by virtue of an order under section 15 of this Act;
(b) created or acquired by them in the exercise of any of their functions; or
(c) otherwise placed in their custody,
and shall, before putting any such arrangements into effect, or making any material change to such arrangements, consult the Keeper of the Records of Scotland, and have regard to any comments which he may make on the proposed arrangements or changes.
(2) A local authority may dispose of any records which they do not consider to be worthy of preservation.
(3) Before entering into any arrangements to which section 58 of this Act or section 56 of the 1973 Act (arrangements for discharge of functions by local authorities) applies with regard to the preservation and management of any records, a local authority shall consult the Keeper.
(4) Where a local authority hold records relating to the property or functions of any other local authority, that other authority shall, subject to any arrangements made under section 58 of this Act or section 56 of the 1973 Act by the two authorities—
(a) be entitled to free access to, and copies of, any such records; and
(b) pay to the local authority holding the records such proportion of the costs incurred by that authority in preserving and managing the records—
(i) as the authorities may agree; or
(ii) as may, failing such agreement, be determined by the Secretary of State.
(5) The Keeper shall be entitled to free access to any records held by a local authority.
(6) For the purposes of this section and section 54 of this Act “records” includes charters, deeds, minutes, accounts and other documents, and any other records, of whatever form and in whatever medium, which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland.
(1) A local authority may do anything which appears to them to be appropriate for the purpose of enabling proper use to be made of their records and, without prejudice to the generality of the foregoing, may—
(a) make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;
(b) prepare, or procure or assist in the preparation of, indices and guides to and calendars and summaries of the records;
(c) publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;
(d) hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;
(e) direct that the records be temporarily entrusted to other persons for exhibition or study.
(2) Nothing in subsection (1) above shall be taken as authorising the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of an authority.
(3) A local authority may—
(a) acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest;
(b) accept the gift of records which or, in the case of a collection, the majority of which appear to the authority to be of general or local interest.
(4) A local authority may accept the deposit of records—
(a) authorised to be deposited with it by any enactment; and
(b) which appear to the authority to be of general or local interest.
(5) In section 200 of the 1973 Act (records)—
(a) subsections (1) to (6), (8), (9) and (11)(b) shall cease to have effect; and
(b) in subsections (7) and (10)—
(i) for the word “local”, in each place where it occurs, there shall be substituted the words “river purification”; and
(ii) for the word “authority”, in each place where it occurs, there shall be substituted the word “board”.
(1) On and after the relevant date, an existing authority shall not, without the consent of the relevant successor authority or, in a case to which subsection (9) below applies, the Secretary of State—
(a) without prejudice to section 74 of the 1973 Act (disposal of land), dispose of any land for a consideration exceeding £250,000; or
(b) enter into any of the contracts mentioned in subsection (2) below.
(2) The contracts referred to in subsection (1)(b) above are—
(a) contracts—
(i) in terms of which the authority incurs a liability to meet capital expenses within the meaning of section 94 of the 1973 Act (capital expenses); and
(ii) where the consideration exceeds £2,500,000; and
(b) contracts, other than contracts such as are mentioned in sub-paragraph (a)(i) above—
(i) the period of which purports to extend beyond 31st March 1996 or is capable of being so extended; and
(ii) where the consideration exceeds £250,000.
(3) The relevant date for the purposes of this section is such date as the Secretary of State may by order made by statutory instrument determine; and different such dates may be so determined in respect of any of the successor authorities mentioned in subsections (4) to (8) below or, in a case to which subsection (9) below applies, the Secretary of State.
(4) Subject to subsections (5) to (8) below, the relevant successor authority in relation to any proposed disposal or contract by a regional or district council is—
(a) in relation to any disposal of land, the new local authority within whose area the land will be situated; and
(b) in relation to any other contracts, any new local authority whose area will include the whole or any part of the area of the existing local authority.
(5) The relevant successor authority in relation to any proposed disposal of relevant property (within the meaning assigned by paragraph (b) of section 91(1) of this Act) or proposed contract in so far as it relates to functions mentioned in that paragraph is, in the case of—
(a) Lothian, Borders, Fife or Central Region, the East of Scotland Water Authority;
(b) Strathclyde or Dumfries and Galloway Region, the West of Scotland Water Authority; and
(c) Tayside, Highland or Grampian Region or an Islands Area, the North of Scotland Water Authority.
(6) The relevant successor authority in relation to any proposed disposal or contract by the Central Scotland Water Development Board is the East of Scotland Water Authority.
(7) The relevant successor authority in relation to any proposed disposal or contract by a police authority or, where an amalgamation scheme has been made, a joint committee for any existing police area is—
(a) in the case of each of Fife and Dumfries and Galloway, the police authority for the new police area of the same name; and
(b) in the case of each of the police authorities or, as the case may be, joint committees for the areas or combined areas shown in brackets in the first column of the Table in section 21B(3) of the [1967 c. 77.] Police (Scotland) Act 1967 (reorganisation of police areas), the joint board for the corresponding combined area shown in that column.
(8) The relevant successor authority in relation to any proposed disposal or contract by a fire authority or, where an administration scheme has been made, a joint committee, is—
(a) in the case of each of Fife and Dumfries and Galloway, the fire authority for the new area of the same name; and
(b) in the case of each of the fire authorities or, as the case may be, joint committees for the areas or combined areas shown in brackets in the first column of the Table in section 147(4) of the 1973 Act (fire services), the joint board for the corresponding combined area shown in that column.
(9) Where—
(a) a disposal of land such as is mentioned in subsection (1)(a) above is of land held or acquired by the authority for the construction or improvement of any road; or
(b) a contract such as is mentioned in subsection (2) above is for works for the construction or improvement of any road; and
(c) where, in either case, the Secretary of State has given notice to the authority concerned of his intention to make an order under section 12A(1)(a), 12B(1)(a), 12C(1)(b), 12E(1) or 12E(3) of the [1984 c. 54.] Roads (Scotland) Act 1984 directing that a road or proposed road should become a trunk road or that he should be authorised to provide a special road,
the consent required shall, in either case, be that of the Secretary of State.