Office of Public Sector Information
SCHEDULE 13 continued
“(1) Subject to the provisions of their administrative scheme prepared in pursuance of an order under section 135(5) and (6)(b) of the [1973 c. 65.] Local Government (Scotland) Act 1973, a river purification board may, on such terms and conditions as they may agree with the local authority concerned, appoint any local authority whose area is comprised wholly or partly in the river purification board area to act as the agents of the river purification board to carry out any function vested in the board and exercisable within the area of that local authority; and, subject to the terms of the appointment, the local authority so acting as agent may act through any of their committees or sub-committees.”;
(b) in subsection (2), after “made” insert “(or are successors to an authority who have made)”; and
(c) in subsection (4), for “county or town council” substitute “local authority”.
(4) In section 13(1) (application of local government enactments) in the subsection to be substituted for subsection (13) for “council of each region and district” substitute “local authority”.
(5) In section 16(1) (annual reports of river purification boards), for the words from “the council” to “district” substitute “every local authority whose area”.
(6) In section 17(2) (river purification authorities), for “islands councils” substitute “the councils for Orkney Islands, Shetland Islands and Western Isles”.
(7) In section 19(2B) (legal proceedings in respect of public sewers)—
(a) for “local authority” substitute “public”; and
(b) for “by whom the sewer is maintained” substitute “in whom the sewer is vested (“public sewer” and “sewerage authority” being construed in accordance with, respectively, section 59(1) of the [1968 c. 47.] Sewerage (Scotland) Act 1968 and section 62 of the Local Government etc. (Scotland) Act 1994).”.
(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) after the definition of “river purification board area” insert—
““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and
(c) in paragraph (b) of the definition of “stream”, for “local” substitute “sewerage”.
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”.
40 In section 51(5)(a) of the Post Office Act 1953 (power of local authority to contribute towards new post office etc.)—
(a) for “an islands area or a district” substitute “a local government area”; and
(b) after “thereof”, where secondly occurring, insert “(constituted under section 2 of the Local Government etc. (Scotland) Act 1994)”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
51 In section 1(5) of the Trading Representations (Disabled Persons) Act 1958 (sellers of goods for blind persons etc.), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
52 In section 29(1) of the Building (Scotland) Act 1959 (interpretation), in the definition of “local authority”, for the words from “the”, where it first occurs, to the end substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
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;”.
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.
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”.
56 (1) The Flood Prevention (Scotland) Act 1961 shall be amended in accordance with this paragraph.
(2) In section 1 (purposes for which powers of local authorities under the Act are exercisable), for subsection (2) substitute—
“(2) This section applies to all councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and in this Act any reference to a local authority is a reference to a council to whom this section applies.”.
(3) In section 4(2) (flood prevention schemes), the words “(whether a different authority from the local authority or not)” shall cease to have effect.
(4) Section 12(2) (appropriations where local authority are sewerage or water authority) shall cease to have effect.
(5) In section 15(1) (interpretation)—
(a) after the definition of “sewer” insert—
““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and
(b) after the definition of “statutory undertakers” and “statutory undertaking” insert—
““water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”.
57 In subsection (5) of section 4 of the [1966 c. 51.] 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”.
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”.
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.”.
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 [1988 c. 41.] 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—
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 [1966 c. 51.] 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”.
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”.
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.”.
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”.
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”.
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”.
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) In paragraph 11(c) of Schedule 6 (interpretation), for “means a regional or islands council” substitute “shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994”.
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”.
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”.
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”.
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”.
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—
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”.
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) in subsection (1), for “local water authority within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980” substitute “water authority”; and
(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 [1980 c. 45.] 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) after the definition of “statutory undertakers” and “statutory undertakings” insert—
““water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”.
Local Government etc (Scotland) Act 1994