Office of Public Sector Information
(1) In section 38 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (initial investigation of cases by the reporter), after subsection (1), there shall be inserted—
“(1A) For the purposes of making any initial investigation under subsection (1) above, the Principal Reporter may request from the local authority a report on the child and his social background and it shall be the duty of the authority to supply the report which may contain information from any such person as the Principal Reporter or the local authority may think fit.
(1B) A report requested under subsection (1A) above may contain information additional to that given by the local authority under section 37(1A)(b) of this Act.”.
(2) In section 39 of that Act (action on initial investigation), after subsection (4), there shall be inserted the following subsection—
“(4A) A report requested under subsection (4) above may contain information additional to that given in a report under section 38(1A) of this Act.”.
In section 88 of the 1973 Act (provision of information etc. on matters relating to functions of local authority), after subsection (2) there shall be inserted—
“(3) A local authority may assist voluntary organisations to provide for individuals—
(a) information and advice concerning those individuals' rights and obligations; and
(b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.”.
In section 121 of the [1982 c. 45.] Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)—
(a) in subsection (5), for paragraph (b) there shall be substituted—
“(b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);”;
(b) in subsection (6) the words from “and of” to “that proposal” shall cease to have effect; and
(c) in subsection (7)—
(i) the words from “but the” to “his consent”; and
(ii) the word “nevertheless”,
shall cease to have effect.
(1) Section 18 of the [1983 c. 2.] Representation of the People Act 1983 (polling districts and places at parliamentary elections) shall be amended in accordance with this section.
(2) In subsection (3)—
(a) for the words from “returning officer's” to “places”, where it first occurs, there shall be substituted the words “duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts”;
(b) in paragraph (a)—
(i) for the words “returning officer” there shall be substituted the words “local authority”;
(ii) for the words “the constituency” there shall be substituted the words “so much of the constituency as falls within their area”; and
(iii) for the word “he” there shall be substituted the words “the local authority”;
and
(c) in paragraph (b), for the words from the beginning to “constituency”, where it last occurs, there shall be substituted the words “each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area”.
(3) In subsection (5)—
(a) the words “any interested authority or” and “(or in Scotland, the returning officer)” shall cease to have effect;
(b) the words “or returning officer”, in both places where they occur, shall cease to have effect; and
(c) in the definition of “interested authority”, sub-paragraph (iii) shall cease to have effect.
(4) In subsection (6), the words “or returning officer” shall cease to have effect.
For subsection (1) of section 21 of the [1989 c. 39.] Self-Governing Schools etc. (Scotland) Act 1989 (effect of pending procedure for acquisition of self-governing status on certain proposals for that school) there shall be substituted—
“(1) Subject to section 14(2) of this Act, where a proposal to do any thing to a school, being a proposal to which this section applies—
(a) is published under section 22A of the 1980 Act (consultation on certain changes in educational matters), but before a decision is reached on the proposal the education authority receive written notice such as is mentioned in subsection (6) of section 13 of this Act, either of a first resolution or of a request, as regards that school, they shall not decide on the proposal;
(b) is submitted under section 22B, 22C or 22D of the 1980 Act (consent for certain changes in educational matters or for certain changes affecting denominational schools), but before the Secretary of State consents to the proposal the education authority receive such notice as is mentioned in paragraph (a) above as regards that school, the consent cannot validly be given,
unless and until one of the conditions specified in section 24(2) of this Act is satisfied as regards that school.
(1A) This section applies to a proposal—
(a) to discontinue the school; or
(b) to do any one of such other things to the school as the Secretary of State may by order prescribe.”.
In section 22D of the [1980 c. 44.] Education (Scotland) Act 1980 (further provisions relating to denominational schools)—
(a) in subsection (2)(a), for the word “the” there shall be substituted “an”;
(b) in subsection (2)(c)—
(i) for the words “the education authority”, where they first occur, there shall be substituted “any education authority affected by it”;
(ii) in sub-paragraph (i), for the words “the result” there shall be substituted “any of the results”; and
(iii) in sub-paragraph (ii), after the word “authority”, there shall be inserted “submitting the proposal under subsection (1) above”; and
(c) for subsections (3) and (4) there shall be substituted the following subsection—
“(3) The results referred to in subsection (2)(c)(i) above are—
(a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or
(b) a significant deterioration for pupils belonging to the area of any other education authority; or
(c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration,
in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.”.
(1) The [1980 c. 44.] Education (Scotland) Act 1980 shall be amended in accordance with this section.
(2) In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)—
(a) in paragraph (a)—
(i) after the word “with”, where it first occurs, there shall be inserted “—
(i)”; and
(ii) after the word “Act” there shall be inserted “—
(ii) any arrangements made by them under section 23(1A) of this Act; or
(iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act”; and
(b) in paragraph (b), after the word “them” there shall be inserted “or another education authority”.
(3) In section 51 (provision of transport and other facilities)—
(a) in subsection (2A)—
(i) in paragraph (a)—
(A) after the word “with” there shall be inserted “—
(i)”; and
(B) after the word “Act” there shall be inserted—
“(ii) any arrangements made by them under section 23(1A) of this Act; or
(iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act”; and
(ii) in paragraph (b), after the word “them” there shall be inserted “or another education authority”; and
(b) after subsection (2AC) there shall be inserted the following subsection—
“(2AD) Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority—
(a) in accordance with any arrangements made by them under section 23(1A) of this Act;
(b) in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or
(c) if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas.”.
In section 151 of the [1984 c. 54.] Roads (Scotland) Act 1984 (interpretation), after subsection (1) there shall be inserted the following subsection—
“(1A) A way to which the public has access (by whatever means and whether subject to a toll or not) which passes over a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, a private Act shall, for the purposes of the definition of “road” in subsection (1) above, be treated as if there were a public right of passage over it.”.
After section 113 of the [1984 c. 54.] Roads (Scotland) Act 1984 there shall be inserted the following section—
(1) Where—
(a) an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and
(b) the functions of that body relate solely to that road,
the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body.
(2) A dissolution order may transfer or provide for the transfer to—
(a) the special road authority referred to in subsection (1)(a) above; or
(b) such other person as the Secretary of State considers appropriate,
of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate.
(3) A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body.
(4) Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body.
(5) A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order.
(6) In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above.
(7) A dissolution order may repeal or amend—
(a) any enactment in a private Act; and
(b) any provision of an order made under or confirmed by a private Act,
which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended.”.
(1) In paragraph 14D(1) of Schedule 1 to the [1984 c. 54.] Roads (Scotland) Act 1984 (procedure for making and confirming toll orders), at the end of paragraph (a) (and before the word “and” immediately following it) there shall be inserted the following paragraph—
“(aa) that existing road is free of toll,”.
(2) In section 27 of the [1991 c. 22.] New Roads and Street Works Act 1991 (toll orders), after subsection (9) there shall be inserted the following subsection—
“(9A) On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect.”.
In section 112 of the New Roads and Street Works Act 1991 (road works register)—
(a) in subsection (4), for the words from “of road” to “section” there shall be substituted the words “under this section of such road works authorities as he may specify”;
(b) after subsection (4) there shall be inserted the following subsection—
“(4A) Before making any arrangements under subsection (4) the Secretary of State shall consult—
(a) any road works authority having duties under this section which he intends not to specify for the purposes of the arrangements; and
(b) any undertaker (other than a person having permission under section 109 to execute road works) having apparatus in a road for which such road works authority is responsible.”; and
(c) in subsection (5), after the word—
(i) “require” there shall be inserted the word “the”; and
(ii) “authorities” there shall be inserted the words “so specified”.
(1) Notwithstanding the provisions of section 67 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (persons empowered to place traffic signs on road in emergency etc.), the Secretary of State may, with the consent of the chief officer of police for the area concerned as respects a road or any structure on a road, place on that road, or on any structure on that road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of the said Act of 1984), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.
(2) Section 36 of the [1988 c. 52.] Road Traffic Act 1988 (drivers to comply with traffic signs) shall apply to signs placed in the exercise of the power conferred by subsection (1) above.
(3) In this section—
“road” has the meaning given by section 151(1) of the [1984 c. 54.] Roads (Scotland) Act 1984; and
“traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984.
(1) On and after 1st April 1995 no shootings, deer forests, fishings or fish counters shall be entered in the valuation roll.
(2) Nothing in subsection (1) above shall affect any right of a district salmon fishery board (within the meaning of section 40(1) of the [1986 c. 62.] Salmon Act 1986) to require the assessor to value and enter any rights of salmon fishing in the valuation roll for the purposes of fishery assessments only.
(3) For the purposes of this section—
“fish counter” means any weir or other structure in inland waters primarily used for the purpose of counting fish; and
“inland waters” has the same meaning as in section 24(1) of the [1937 c. 28.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.
(1) The [1854 c. 91.] Lands Valuation (Scotland) Act 1854 shall be amended as follows.
(2) In section 42 (interpretation), in the definition of “lands and heritages”, for the words from “all machinery fixed” to the end of the first proviso substitute the words “such class or classes of plant or machinery in or on any lands and heritages as may be prescribed by the Secretary of State by regulations”.
(3) After section 42 add—
(1) Regulations under section 42 of this Act may, if made so as to take effect other than at the beginning of a year of revaluation (within the meaning of the [1975 c. 30.] Local Government (Scotland) Act 1975), provide for the revaluation of any lands and heritages affected by the regulations.
(2) The power to make regulations under the said section 42 shall be exercisable by statutory instrument.
(3) Any statutory instrument containing regulations made under the said section 42 shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
(1) For any financial year, the Secretary of State may by regulations prescribe that the amount payable as non-domestic rate in respect of any lands and heritages shall be such amount as may be determined in accordance with prescribed rules.
(2) Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit and such factors may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.
(3) Regulations under this section may make different provision in relation to different areas and different classes of lands and heritages and, without prejudice to that generality, may make different provision in relation to lands and heritages whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure.
(4) Where regulations under this section apply in relation to any lands and heritages or class of lands and heritages, the non-domestic rate for the financial year to which the regulations relate shall be levied in respect of such lands and heritages, or class of lands and heritages, in accordance with the regulations.
(5) The power to make regulations under this section shall be exercisable by statutory instrument.
(6) Any instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For section 24 of the [1966 c. 51.] Local Government (Scotland) Act 1966 (liability to be rated in respect of certain unoccupied property) substitute—
(1) Subject to subsection (2) below, no rates shall be payable in respect of lands and heritages which are unoccupied.
(2) The Secretary of State may by regulations prescribe a class or classes of lands and heritages such as are mentioned in subsection (1) above for which the rates payable shall be the rates mentioned in subsection (3) below.
(3) A person entitled to possession of lands and heritages which fall within a class prescribed by regulations under this section shall be liable to pay a rate equal to one half of the amount of the non-domestic rate which would have been payable if such lands and heritages had been occupied; and the enactments relating to rating shall apply with any necessary modifications as if the lands and heritages were occupied by that person.
(4) Where any lands and heritages fall within a class prescribed by regulations under subsection (2) above, such lands and heritages shall be treated for the purposes of section 4 of the [1962 c. 9.] Local Government (Financial Provisions etc.) (Scotland) Act 1962 as if they are being used for the purpose for which they were used when they were last occupied.
(5) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
After section 24 of the [1966 c. 51.] Local Government (Scotland) Act 1966 insert—
(1) If it appears to the rating authority that part of any lands and heritages included in the valuation roll is unoccupied but will remain so for a short time only, the authority may request the assessor to apportion the rateable value between the occupied and unoccupied parts and on being thus requested the assessor shall apportion the rateable value accordingly.
(2) As from whichever is the later of the following—
(a) the date on which lands and heritages the rateable value of which has been apportioned under subsection (1) above became partly occupied;
(b) the commencement of the financial year in which the request under that subsection relating to those lands and heritages was made,
until whichever of the events specified in subsection (3) below first occurs, the value apportioned to the occupied part of the lands and heritages shall, subject to subsection (4) below, be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll.
(3) The events mentioned in subsection (2) above are—
(a) the reoccupation of any of the unoccupied part;
(b) the end of the financial year in which the request was made;
(c) a further apportionment of the value of the lands and heritages taking effect under subsection (1) above;
(d) the lands and heritages to which the apportionment relates becoming completely unoccupied.
(4) Where any lands and heritages fall within such class or classes of lands and heritages as may be prescribed by the Secretary of State by regulations, the value to be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll shall be the sum of—
(a) the value apportioned to the occupied part of the lands and heritages; and
(b) one half of the value apportioned to the unoccupied part of the lands and heritages.
(5) Notwithstanding paragraph (b) of subsection (3) above, if it appears to the rating authority that the part of the lands and heritages which was unoccupied at the date of an apportionment of the rateable value thereof under subsection (1) above has continued after the end of the financial year referred to in that paragraph to be unoccupied but will remain so for a short time only, the authority may direct that the apportionment shall continue to have effect for the next financial year; and subsections (2), (3)(a), (c) and (d) and (4) above shall have effect in relation to that year accordingly.
(6) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section “financial year” has the meaning assigned to it by section 96(5) of the [1973 c. 65.] Local Government (Scotland) Act 1973.
(1) For the purposes of section 24 of this Act, lands and heritages shall be treated as unoccupied if, apart from this section, they would fall to be treated as occupied by reason only of there being kept on the lands and heritages plant, machinery or equipment—
(a) which was last used on the lands and heritages when they were last in use; or
(b) which is intended for use on the lands and heritages.
(2) Subsection (1) above applies to the unoccupied part of lands and heritages for the purposes of section 24A of this Act as it applies to unoccupied lands and heritages for the purposes of the said section 24.”.
After section 25 of the [1966 c. 51.] Local Government (Scotland) Act 1966 insert—
Every rating authority may, on the application of any person liable to pay any rate levied by the authority, remit payment (in whole or in part) of the rate if the authority are satisfied that—
(a) the person would sustain hardship if the authority did not do so; and
(b) it is reasonable for the authority to do so, having regard to the interests of persons liable to pay council tax set by them.”.
In section 6 of the 1975 Act (valuation by formula of certain lands and heritages), after subsection (7) add—
“(8) An order under this section shall, if apart from the provisions of this subsection it would be treated for the purposes of the standing orders of the Lords House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.”.
In section 69 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (grants in respect of rebates under the [1978 c. 40.] Rating (Disabled Persons) Act 1978)—
(a) after subsection (1) insert—
“(1A) Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.
(1B) A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.”; and
(b) after subsection (2) insert—
“(2A) Subsections (1A) and (1B) above extend to Scotland only.”.
(1) Schedule 32 to the Local Government, Planning and Land Act 1980 shall be amended in accordance with this section.
(2) In paragraph 33(2) (meaning of exempt lands and heritages for purpose of paragraph 33)—
(a) paragraph (a) shall cease to have effect; and
(b) for paragraph (b) substitute—
“(b) the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the [1975 c. 30.] Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages),”.
(3) In paragraph 34 (grants to compensate rating authorities for loss of revenue)—
(a) in sub-paragraph (1)—
(i) at the beginning insert the words “For the financial year 1995-96,”; and
(ii) after “revenue” insert the words “in respect of the non-domestic sewerage rate”.
Local Government etc (Scotland) Act 1994