Office of Public Sector Information
SCHEDULE 13 continued
73 (1) The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph.
(2) In section 1A(1)(b) (reduction of designated areas), for “any regional council, district council and islands council” substitute “the local authority”.
(3) In section 35(2) (power of development corporation to transfer their undertakings)—
(a) for the words from “council of” to “which” substitute “local authority in whose area”; and
(b) for “council”, where it secondly occurs, substitute “local authority”.
(4) In section 36(2)(b) (winding up of development corporation), for the words from “council” to “which” substitute “local authority in whose area”.
(5) In section 47(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(6) In paragraph 2 of Schedule 1 (procedure for designating site of new town), for the words from “council” to “district in which” substitute “local authority in whose area”.
74 (1) The Health Services and Public Health Act 1968 shall be amended in accordance with this paragraph.
(2) In section 63(2)(c) (activities in respect of which instruction may be provided etc.), for the words from “or”, where it fourthly occurs, to the end substitute “or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 65(6) (financial and other assistance by local authorities to certain voluntary organisations)—
(a) in substituted subsection (2A)—
(i) for “district and islands council” substitute “local authority”; and
(ii) for “council”, where it secondly and thirdly occurs, substitute “local authority”; and
(b) in substituted subsection (2B)(a), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
75 (1) The Sewerage (Scotland) Act 1968 shall be amended in accordance with this paragraph.
(2) In section 1 (duty of local authority to provide for sewerage in their area)—
(a) in subsection (1), for “every local authority” substitute “each of the sewerage authorities”;
(b) for subsection (2) substitute—
“(2) Without prejudice to the generality of subsection (1) above—
(a) a sewerage authority shall, subject to paragraph (b) below, take their public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost;
(b) where the sewerage authority have agreed with some other person (in this section referred to as the “private provider”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists.”;
(c) in subsection (3), for “local” substitute “sewerage”;
(d) in subsection (4)—
(i) for “public sewers” substitute “a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider,”;
(ii) for “local authority concerned” substitute “sewerage authority, or as the case may be private provider, concerned”; and
(iii) for “local authority”, where those words secondly occur, substitute “authority or private provider”; and
(e) after subsection (4) add—
“(5) The Secretary of State may by regulations make provision as respects the procedure to be followed as respects a request under subsection (4) above.
(6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
(3) In section 2 (maintenance of public sewers and other works)—
(a) for “every local authority” substitute “each of the sewerage authorities”; and
(b) after “this Act” insert “or of Part II of the Local Government etc. (Scotland) Act 1994”.
(4) In section 3 (construction etc. of public sewers and public sewage treatment works)—
(a) in each of subsections (1), (2) and (4), for “local”, in each place it occurs, substitute “sewerage”; and
(b) in subsection (3), after “notices”—
(i) where it secondly occurs, insert “served by a sewerage authority”; and
(ii) where it thirdly occurs, insert “served by a local authority”.
(5) In section 4 (power of local authority to close or alter public sewers etc.)—
(a) for “local” substitute “sewerage”; and
(b) after “this Act” insert “or of Part II of the Local Government etc. (Scotland) Act 1994”.
(6) In each of sections 6 (functions outwith area of local authority), 8(1) (agreements as to provision of sewers etc. for new premises) and 9 (loan of temporary sanitary conveniences), for “local”, wherever it occurs, substitute “sewerage”.
(7) In section 7 (agreements between local authorities and the Secretary of State as respects provision, management, maintenance or use of sewers or drains to take water from surface of trunk road etc.)—
(a) in subsection (1)—
(i) for “the Secretary of State” substitute “a roads authority”;
(ii) for “local” substitute “sewerage”; and
(iii) for “trunk roads” substitute “a road”;
(b) in subsection (2)—
(i) for “the Secretary of State” substitute “a roads authority”; and
(ii) for “local”, in both places where it occurs, substitute “sewerage”;
(c) in subsection (3)—
(i) for “The Secretary of State or a local” substitute “A roads authority or a sewerage” and
(ii) for “local”, where it secondly occurs, substitute “sewerage”; and
(d) at the end add—
“(3A) In the foregoing provisions of this section, “roads authority” has the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984.”.
(8) In section 11 (keeping of map showing public sewers etc.)—
(a) for subsection (1) substitute—
“(1) A sewerage authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994 or in respect of which they have made a determination under section 3A(2) of this Act; and the authority shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as the authority may determine.”;
(b) in subsection (2), for “local” substitute “sewerage”; and
(c) at the end add—
“(3) A sewerage authority shall keep deposited at such of their offices, other than their principal office, as they consider appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and the authority shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, they do in relation to the map mentioned in that subsection at their principal office.
(4) For the purposes of subsection (3) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to the sewerage authority to be appropriate having regard to the geographical location of that office.”.
(9) In each of sections 12(1), (3), (4), (6), (7) and (8) (rights of owners and occupiers to connect with and drain into public sewers etc.), for “local”, wherever it occurs, substitute “sewerage”.
(10) In section 13 (rights of owners and occupiers to connect with and drain into public sewers etc. of other authority)—
(a) in each of subsections (1) and (2), for “local”, wherever it occurs, substitute “sewerage”; and
(b) in paragraph (a) of the proviso to subsection (1), after “effect to the” insert “sewerage”.
(11) In section 14 (direction by local authority as to manner of construction of works)—
(a) in subsection (1), for “the local” substitute “a sewerage”;
(b) in each of subsections (2), (4) and (6), for “local” substitute “sewerage”.
(12) In section 15 (owner or occupier to remedy defects in drains and other works)—
(a) in subsection (1)—
(i) after “local authority” insert “or a sewerage authority”;
(ii) after “vested in the” insert “sewerage”; and
(iii) for “they” substitute “the authority in question”;
(b) in subsection (3), for “local authority”—
(i) where those words first occur, substitute “authority which served the notice”; and
(ii) where they occur in the proviso, substitute “authority in question”; and
(c) in subsection (4)—
(i) for the words from “the medical” to “local authority” substitute “a local authority or a sewerage authority that immediate action is required to remedy a defect”; and
(ii) in paragraph (c), after “authority” insert “which served the notice”.
(13) In section 16 (vesting of sewers and other works)—
(a) in subsection (1)—
(i) for the words from the beginning to “vest in them” substitute “There shall vest in a sewerage authority”; and
(ii) for paragraph (c) substitute—
“(c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers connecting with their sewers or sewage treatment works;
(cc) where they enter into an agreement under subsection (2) of the said section 3A or under subsection (2) of section 16A of this Act (and subject to the terms of that agreement), all private sewers, or as the case may be parts of sewers, to which the agreement relates;”;
(b) in subsection (2), for “the commencement of this section shall vest in the local” substitute “1st April 1996 shall vest in the sewerage”; and
(c) in subsection (3), for “local” substitute “sewerage”.
(14) After section 16 insert—
(1) Subject to any agreement entered into under subsection (2) below, there shall vest in a person authorised, under subsection (1) of section 3A of this Act, by a sewerage authority to construct a sewer not connecting with their sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection or by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal.
(2) Notwithstanding subsection (1) above, the sewerage authority may, on such terms and conditions as they think fit, at any time enter into an agreement under which the sewer, or any part of it, shall vest in them.”.
(15) In each of sections 17(1), (2), (3) and (4) (taking over of private sewage treatment works), 24(1) and (2) (right to discharge into public sewers), 25 (meaning of new discharge), 26 (new discharge only with consent), 27 (1) and (4)(a) (procedure on application for consent to new discharge), 28(1) (time to dispose of application), 29(1) (decision on application), 30(1) (intimation of decision), 31 (appeal against refusals and conditions), 32(1) and (2) (review of consents, conditions and refusals), 33(2) (disputes as to meaning of “existing discharge”), 34 (right to continue existing discharge), 35 (furnishing of information), 36(1) and (2) (review of continuation of existing discharge) and 37(1), (3), (4) and (6) (agreements as respects trade premises), for “local”, wherever it occurs, substitute “sewerage”.
(16) Section 18 (expenses of local authorities and dissolution of drainage districts) shall cease to have effect.
(17) In section 20 (compensation for loss etc, resulting from exercise of powers under Part I)—
(a) in subsection (1), for “local” substitute “sewerage”;
(b) in subsection (3), for “12” substitute “24”;
(c) in subsection (4), for “local” in both places where it occurs substitute “sewerage”; and
(d) at the end add—
“(5) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to a sewerage authority constructing a sewer under section 3(1), of this Act.”.
(18) In section 21(1) (buildings not to interfere with sewers)—
(a) for “local” substitute “sewerage”;
(b) after “erected” insert “or embankment constructed”; and
(c) at the end add “or in respect of which they have made a determination under section 3A(2) of this Act”.
(19) In section 22 (protection for statutory undertakers)—
(a) in each of subsections (1) and (3), for “local” substitute “sewerage”; and
(b) after subsection (2) insert—
“(2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to a sewerage authority constructing a sewer under section 3(1), of this Act.”.
(20) In section 23 (restriction on working minerals), for the words from “any public” to the end substitute “—
(a) any public sewers, public sewage treatment works or public drains; and
(b) any sewers, sewage treatment works or drains not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994,
to which they do not already apply, with the substitution—
(i) for references to the railway, of references to the sewers, works or drains; and
(ii) for references to the company, of references to the sewerage authority, or as the case may be to the person other than a sewerage authority, in whom the sewers, works or drains are vested.”.
(21) In section 38 (power to extend certain provisions to certain effluents), in each of subsections (1) and (3), for “local” substitute “sewerage”.
(22) In each of sections 39 (right to sewage), 41 (breaking open of roads, etc.), 42 (execution of works for authorities by other persons), 44 (power to require information as to ownership etc. of premises) and 45(1) (production of plans and furnishing of information), for “local”, wherever it occurs, substitute “sewerage”.
(23) Sections 40 (powers of local authorities as to research and publicity) and 47 (recovery of expenses by local authority) shall cease to have effect.
(24) In section 48 (powers of entry)—
(a) in subsection (1)—
(i) for “an authorised officer of a local authority” substitute “any person duly authorised by a sewerage authority (whether or not an employee of the authority and whether such authorisation is special or general)”;
(ii) in paragraph (d), at the end add “or which may be authorised by them under section 3A of this Act”;
(iii) after paragraph (d) insert—
“(dd) inspecting, maintaining, repairing, cleansing, emptying, ventilating or renewing any sewer which is not a public sewer but forms part of any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994;”; and
(iv) in paragraph (f), for the words from “the sewers” to the end substitute “—
(i) public sewers or public sewage treatment works; or
(ii) sewers or sewage treatment works not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in the said section 98(1)(b).”;
(b) in subsection (3)—
(i) for “entering” substitute “entry is made”; and
(ii) for “local authority” substitute “the authorised person, or the sewerage authority on his behalf,”; and
(c) in subsection (10), for “local authority” substitute “person who carried it out”.
(25) In section 51 (procedure on appeal to Secretary of State)—
(a) in each of subsections (2) and (4), for “local” substitute “sewerage”; and
(b) after subsection (6) add—
“(7) The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal.
(8) The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
(26) Section 52 (exemption from stamp duties) shall cease to have effect.
(27) In each of sections 53 (notices etc. to be in writing) and 55(2) (application of the Act to Crown premises), for “local” substitute “sewerage”.
(28) In section 59(1) (interpretation)—
(a) after the definition of “appointed day” insert—
““area”, in relation to a sewerage authority, shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”;
(b) the definitions of “authorised officer” and “local authority” shall cease to have effect;
(c) in the definition of “private sewage treatment works”, for “local” substitute “sewerage”;
(d) in the definition of “public drain”, at the end add “or a sewerage authority”;
(e) in each of the definitions of “public sewage treatment works” and “public sewer”, for “local” substitute “sewerage”;
(f) 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
(g) the definition of “trunk road” shall cease to have effect.
76 (1) The Social Work (Scotland) Act 1968 shall be amended in accordance with this paragraph.
(2) In section 1(2) (local authorities for the administration of the Act), for the words “regional and islands councils” substitute the words “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 5 (powers of Secretary of State)—
(a) in subsection (1A) for the words “section 2(2) of this Act” there shall be substituted the words “subsection (1B) below”; and
(b) after subsection (1A) there shall be added—
“(1B) The enactments referred to in subsection (1A) above are—
(a) this Act as read with sections 1 and 2(1) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 and the [1986 c. 33.] Disabled Persons (Services, Consultation and Representation) Act 1986;
(b) Part IV of the [1937 c. 37.] Children and Young Persons (Scotland) Act 1937;
(c) section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the [1948 c. 29.] National Assistance Act 1948;
(d) the Disabled Persons (Employment) Act 1958;
(e) sections 10 to 12 of the [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the [1973 c. 29.] Guardianship Act 1973;
(f) sections 23, 24, 297 and 329 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;
(g) the Children Act 1975;
(h) the Adoption Act 1976;
(i) the Adoption (Scotland) Act 1978;
(j) sections 21 to 23 of the [1983 c. 41.] Health and Social Services and Social Security Adjudications Act 1983;
(k) the Mental Health (Scotland) Act 1984;
(l) the Foster Children (Scotland) Act 1984;
(m) sections 38(b) and 235 of the [1987 c. 26.] Housing (Scotland) Act 1987;
(n) the Access to Personal Files Act 1987; and
(o) section 19 and Part X of the [1989 c. 41.] Children Act 1989.”; and
(c) in subsection (2), for paragraph (c) there shall be substituted—
“(c) the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) and (o) of subsection (1B) above”.
(4) In section 5A(3) (local authority plans for community care services)—
(a) paragraph (b) shall cease to have effect; and
(b) in paragraph (c), for “section 2(2)” substitute “5(1B)”.
(5) In section 5B(1) (complaints procedure), for “referred to in section 2(2)” substitute “mentioned in section 5(1B)”.
(6) In section 6A (inquiries), for “section 2(2)” substitute “section 5(1B)”.
(7) In section 10(1) (making of grants and loans for social work), for the words from “enactments” to “of this Act” substitute “mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act”.
(8) In section 20A(1) (powers of local authority in course of review of child in care) for “their reporter” substitute “the Principal Reporter”.
(9) In section 27(3)(c) (content of probation, community service and supervised attendance scheme etc.), for the words from “the social” to the end substitute “a committee or sub-committee of such authorities”.
(10) In section 33(3) (publication of list of members of children’s panels), for “offices of the director of social work” substitute “principal offices”.
(11) In section 34, subsection (3) (duty of local authority to provide suitable accommodation and facilities for children’s hearings) shall cease to have effect.
(12) In section 36 (the reporter)—
(a) subsection (4) shall cease to have effect;
(b) for subsection (5) substitute—
“(5) A reporter shall not, except with the consent of the Scottish Children’s Reporter Administration, be employed by a local authority.”;
(c) after subsection (5) insert—
“(5A) In subsections (2) and (5) above, “reporter” means the Principal Reporter or any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of the [1975 c. 21.] Local Government etc. (Scotland) Act 1994 any function of the Principal Reporter under this Part of this Act or under the Criminal Procedure (Scotland) Act 1975.”;
(d) subsection (6) shall cease to have effect; and
(e) in subsection (8), for “duties of the reporter” substitute “functions of the Principal Reporter under this Act and under the Criminal Procedure (Scotland) Act 1975”.
(13) In section 36A (power of reporters to conduct proceedings before sheriff)—
(a) in paragraph (a), for the words from “officers”, where first occurring, to “solicitors” substitute the words “the reporter, whether or not he is an advocate or solicitor”;
(b) in paragraph (b), for “officer” substitute “reporter”; and
(c) at the end add the following—
“In this section, “reporter” has the same meaning as it has in subsections (2) and (5) of section 36 of this Act.”.
(14) In section 38 (initial investigation of cases)—
(a) in subsection (1) for “a reporter”; and
(b) in subsection (2) for “the appropriate reporter”,
substitute “the Principal Reporter”.
(15) In section 44(6) (direction as to transfer of child where disposal other than by discharge of referral), for “a director of social work” substitute “the chief social work officer”.
(16) In section 47(1) (duration and variation of supervision requirements) for “their reporter” substitute “the Principal Reporter”.
(17) In section 50(1) (appeal from sheriff to Court of Session) for “a reporter” substitute “the Principal Reporter”.
(18) In section 54 (transfer of case to another children’s hearing), in subsection (1), for the words from “with” to “for a” substitute the words “for the other”.
(19) In section 58A(3) (residence in secure accommodation) for “director of social work” substitute “chief social work officer”.
(20) In section 58B(3) (order placing child in secure accommodation) for “director of social work” substitute “chief social work officer”.
(21) In section 58E(1) (warrants to detain in secure accommodation) for “director of social work” substitute “chief social work officer”.
(22) In section 73 (supervision of children moving to Scotland from England and Wales or Northern Ireland), in subsection (1), in paragraph (b), for the words from “reporter” to the end substitute “Principal Reporter”.
(23) In section 75(1) (duties of reporter where parent of child subject to certain orders moves to Scotland), for the words from “reporter of the local authority” to “residing” substitute “Principal Reporter”.
(24) In section 76(2) (procedure in children’s hearing and courts)—
(a) for “a reporter” substitute “the Principal Reporter”; and
(b) the words “to which the case stands referred” shall cease to have effect.
(25) In Schedule 3 (children’s panels)—
(a) in paragraph 3—
(i) at the beginning insert “Subject to paragraph 5B below,”; and
(ii) sub-paragraph (i) and, in sub-paragraph (ii), the words “in any other case,” shall cease to have effect;
(b) after paragraph 5A insert—
“5B (1) Two or more local authorities may, for the purpose of discharging the function imposed on them by paragraph 3 above, make arrangements to form a Children’s Panel Advisory Committee for their areas (hereafter referred to as a “joint advisory committee”).
(2) A joint advisory committee shall not be formed in pursuance of arrangements made under sub-paragraph (1) above unless the authorities concerned have obtained the consent in writing of the Secretary of State.
(3) The Secretary of State may give a direction, in any case where a joint advisory committee has not been formed, to two or more local authorities requiring them to form a joint advisory committee; and the local authorities shall comply with any such direction.
(4) The provisions of this Schedule shall apply, subject to any necessary modifications, to a joint advisory committee as they apply to a Children’s Panel Advisory Committee formed under the said paragraph 3.”; and
(c) in paragraph 7, for “may” substitute “shall”.
(26) For “reporter”, wherever occurring, substitute “Principal Reporter”.
(27) Sub-paragraph (26) above does not affect any of the particular amendments made by this paragraph.
77 In section 18(1) of the Theatres Act 1968 (interpretation), for “the islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
Local Government etc (Scotland) Act 1994