Office of Public Sector Information
SCHEDULE 13 continued
78 (1) The Gaming Act 1968 shall be amended in accordance with this paragraph.
(2) In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for “regional council, islands council or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for from the word “(i)” to “district” substitute “the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In Schedule 9 (permits under section 34), in paragraph 1(d), for the words “of the islands area or district in which” substitute “constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area”.
79 In section 109 of the Medicines Act 1968 (enforcement in Scotland)—
(a) in subsection (2)(d), for the words from “regional” to the end substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and the area of such a council”; and
(b) in subsection (2A), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
80 (1) The Transport Act 1968 shall be amended in accordance with this paragraph.
(2) In section 9(1) (Passenger Transport Areas, Authorities and Executives)—
(a) in paragraph (a), for sub-paragraph (ii) substitute—
“(ii) in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;”;
(b) in paragraph (b), for sub-paragraph (ii) substitute—
“(ii) in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority”; and
(c) in paragraph (c)—
(i) after “be” insert—
“(i) in England and Wales”; and
(ii) after “passenger transport area”, where secondly occurring, insert “and
(ii) in Scotland, the Strathclyde Passenger Transport Executive”.
(3) In section 9A(9)(b) (general functions of Passenger Transport Authorities and Executives), the words “regional or islands” shall cease to have effect.
(4) In section 9B(1)(a) (consultation and publicity with respect to policies as to services), for “regional council” substitute “council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994)”.
(5) In section 10(6) (application of Part I of Harbours, Piers and Ferries (Scotland) Act 1937 to Executive), for the words from “that area” to “that region” substitute “the Executive were within the meaning of that Act a local authority for that area”.
(6) In section 34 (assistance for rural bus or ferry service)—
(a) in subsection (2) for the words from “regional” to “jointly” substitute “council or two or more councils acting jointly”;
(b) in subsection (3), for “any of the councils aforesaid” substitute “a council”;
(c) in subsection (4)—
(i) for “regional or islands councils” substitute “a council”; and
(ii) for “such a” substitute “that”; and
(d) after subsection (4) insert—
“(5) In this section “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
(7) In section 56 (assistance by Secretary of State or local authority towards capital expenditure on public transport facilities)—
(a) in subsection (2B), in the definition of “relevant local authority”, in paragraph (c), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;
(b) in subsection (4)(b), the words “regional or islands” shall cease to have effect; and
(c) in subsection (6)(d), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(8) In section 63(6) (objections to grant of operators' licences), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(9) Section 115(3) (as substituted by paragraph 19 of Schedule 18 to the 1973 Act) shall cease to have effect and after subsection (3) of section 115 (interpretation of Part VII) insert—
“(3A) In sections 109, 112, 113 and 114 of this Act, “local authority” means, as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(10) In section 123(2) (power of certain authorities to contribute to cost of barriers etc. at level crossings), for “county council and a town council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(11) In section 124(4) (Board’s obligations at level crossings with certain roads), for the words from “Scotland” to “council” substitute “Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(12) In Schedule 5 (Passenger Transport Authorities and Executives), in Part II, in paragraph 2—
(a) for “regional council”, where it first occurs, substitute “council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994)”; and
(b) for “the regional”, where secondly occurring, substitute “such”.
81 In section 11(3)(b) of the Mines and Quarries (Tips) Act 1969 (meaning of “local authority” for purposes of Part II), for the words from “general” to “1973” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
82 In section 86(1) of the Post Office Act 1969 (interpretation of Part III), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
83 In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (authorities exempted from insurance)—
(a) for the words from “a”, where it thirdly occurs, to “in”, where it secondly occurs, substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in”; and
(b) after “such council” insert “the Strathclyde Passenger Transport Authority”.
84 In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of “local authority”—
(a) for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(b) for “those” substitute “two or more such councils”.
85 (1) The Agriculture Act 1970 shall be amended in accordance with this paragraph.
(2) For subsection (2) of section 67 (enforcement authorities and appointment of inspectors and analysts) substitute—
“(2) In Scotland it shall be the duty of every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 to enforce this Part of this Act within their area.”.
(3) In section 92 (provision of flood warning systems)—
(a) in subsection (1), for the words “an islands council”, where they first occur, substitute “the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles”;
(b) in the proviso to subsection (1)—
(i) in paragraph (ia), for the words “by an islands council” substitute “any of those councils”; and
(ii) for the words from “region” to “within which” substitute “local authority within whose area”; and
(c) in subsection (2)(b), for “regional or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area”, in relation to such an authority, shall be construed in accordance with the provisions of Part I of that Act”.
(4) In section 94 (arrangements with other bodies), for the words “islands council”—
(a) where they first occur, substitute “any of the councils mentioned in subsection 92(1) of this Act”; and
(b) in each of the other places where they occur, substitute “such council”.
86 In section 21(8) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), for the words from “the council”, where they thirdly occur, to “Scotland” substitute “, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
87 In section 43(1) of the Fire Precautions Act 1971, in the definition of “local authority”, in paragraph (b), for “islands or district council” substitute “council for a local government area”.
88 In section 10C(11) of the Town and Country Planning (Amendment) Act 1972 (grants for repair of buildings in town schemes), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
89 In section 11(2) of the Poisons Act 1972 (interpretation), in the definition of “local authority”, in paragraph (b), for “the council of a region or islands area” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
90 In section 13(1) of the Employment Agencies Act 1973 (interpretation), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
91 In section 5(2) of the Breeding of Dogs Act 1973 (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”.
92 (1) The 1973 Act shall be amended in accordance with this paragraph.
(2) In section 14(1) (duty of the Boundary Commission to review local government areas), for—
(a) “ten”, in both places where it occurs, substitute “eight”;
(b) “fifteen”, in both places where it occurs, substitute “twelve”; and
(c) “16th May 1975” substitute “1st April 1996”.
(3) In section 16(2) (duty of the Boundary Commission to review electoral arrangements), for—
(a) “ten”, in both places where it occurs, substitute “eight”;
(b) “fifteen”, in both places where it occurs, substitute “twelve”; and
(c) “initial” substitute “first”.
(4) For section 20 (initial review of areas and electoral arrangements) substitute—
Schedule 5 to this Act shall have effect with respect to the first review of electoral arrangements for local government areas after 1st April 1996.”.
(5) For section 23 (change of name of local government area) substitute—
(1) The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.
(2) Notice of any change of name made under this section—
(a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and
(b) shall be published in such manner as the Secretary of State may direct.
(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.”.
(6) In section 24(5) (provision which may be included in orders under Part II)—
(a) in each of paragraphs (c) and (d), for “areas”, wherever it occurs, substitute “wards”; and
(b) in paragraph (f)—
(i) the words “regional, islands or district” shall cease to have effect; and
(ii) for “area” substitute “ward”.
(7) In section 28 (supplementary provision to Part II)—
(a) in subsection (1)—
(i) in the definition of “electoral arrangements”, for “areas” and, where it fourthly occurs, “area” substitute “wards” and “ward” respectively; and
(ii) for the definition of “local government area” substitute—
““local government area” means the area of a local authority;”; and
(b) in subsection (2), for the words “this Act”, where they thirdly occur, substitute “the Local Government etc. (Scotland) Act 1994.”.
(8) In section 31 (disqualification for nomination etc.)—
(a) for the words “chairman or vice-chairman”, in both places where they occur, substitute “convener or depute convener”;
(b) after subsection (3) insert—
“(3A) A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.”; and
(c) subsection (4) shall cease to have effect.
(9) In section 38 (disability of members from voting etc.), in subsection (4) for the words “chairman or vice-chairman” substitute “convener or depute convener”.
(10) In section 47 (allowances for attending conferences and meetings)—
(a) in subsection (4), the words “, other than a water development board within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980,”; and
(b) subsection (5),
shall cease to have effect.
(11) In section 50B (access to agenda and connected reports), in subsection (4)(b), for the word “chairman” substitute “convener”.
(12) In section 50K(2)(b) (interpretation), for “the enactment” substitute “either of the enactments”.
(13) In section 55 (assistance to community councils), for “islands and district councils” substitute “councils for local government areas”.
(14) In section 56 (arrangements for discharge of functions by local authorities)—
(a) in subsection (6), paragraphs (a) and (c) shall cease to have effect; and
(b) in subsection (9)—
(i) in paragraph (b), for “21 and 21A” substitute “and 21”;
(ii) paragraph (c) shall cease to have effect; and
(iii) for paragraph (d) substitute—
“(d) paragraph 3 (Children’s Panel Advisory Committees) and paragraph 5B (joint advisory committees) of Schedule 3 to the [1968 c. 49.] Social Work (Scotland) Act 1968;”.
(15) In section 63 (application of Part V to police authorities)—
(a) in subsection (2) the words “or a district council” shall cease to have effect;
(b) in subsection (3), after paragraph (b) insert—
“(c) sections 62A to 62C.”;
(c) in subsections (4) and (5), for the words “joint police committee”, in each place where they occur, substitute “joint police board”;
(d) in subsection (5)(a), the words “or district council” shall cease to have effect; and
(e) in subsection (5)(b) for the word “committee” substitute “board”.
(16) After section 63 insert—
Sections 62A to 62C of this Act shall not apply to a local authority in relation to their functions as a fire authority.”.
(17) In section 64(5) (excepted enactments for purposes of section 64(4))—
(a) paragraphs (c) and (f) shall cease to have effect; and
(b) in paragraph (e), for “directors of social work” substitute “chief social work officers”.
(18) In section 67 (members of authorities not to be appointed as officers), for the words “chairman or vice-chairman” substitute “convener or depute convener”.
(19) In section 83 (power of local authorities to incur expenditure for certain purposes)—
(a) subsections (2A) and (2B) shall cease to have effect; and
(b) in subsection (3)(c), for the words “chairman of a regional, islands or district council, a chairman” substitute “convener of a local authority, a convener”.
(20) In section 84 (powers of local authorities with respect to emergencies), subsection (2) shall cease to have effect.
(21) In section 87 (research and the collection of information)—
(a) in subsection (1)—
(i) for “council” substitute “local authority”; and
(ii) the words “any other local authority in the area,” shall cease to have effect;
(b) in subsection (2)—
(i) for “a council” substitute “a local authority”;
(ii) for the words from “council or” to “the council”, where they first occur, substitute “local authority”; and
(iii) the words from “and where” to the end shall cease to have effect; and
(c) subsection (3) shall cease to have effect.
(22) In section 92(2) (meanings of certain expressions for purposes of section), in the definition of “securities”, for the words from “has” to the end substitute “means—
(a) investments falling within any of paragraphs 1 to 6 of Schedule 1 to the [1986 c. 60.] Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or
(b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the [1965 c. 12.] Industrial and Provident Societies Act 1965 or any building society within the meaning of the [1986 c. 53.] Building Societies Act 1986.”.
(23) In section 93 (general fund), for subsection (2)(b) substitute—
“(b) which relate to the common good of the council;”.
(24) In section 94 (capital expenses), for subsection (1A) substitute—
“(1A) The provisions of this section shall apply to the Strathclyde Passenger Transport Authority as they apply to a local authority; and the giving of approval by the Strathclyde Passenger Transport Authority to any proposal for expenditure referred to in section 15(1)(c) of the [1968 c. 73.] Transport Act 1968 shall be deemed for the purposes of this section to be an incurring of liability by the Authority to meet capital expenses.”.
(25) In section 100 (auditor’s right of access to documents)—
(a) after subsection (1A) insert—
“(1B) Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority or body whose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation.”;
(b) in subsection (2), for “subsection (1)” substitute “subsections (1) and (1B)”; and
(c) in subsection (3)—
(i) after “(1)” insert “or (1B)”; and
(ii) the words from “and to an additional fine” to the end shall cease to have effect.
(26) In subsection (3) of section 102 (reports to Commission by Controller of Audit), for the words “the audit” substitute “any matter arising out of the auditing”.
(27) In section 103 (action by Commission for local authority accounts), for subsection (6)(b) substitute—
“(b) may require the attendance of members or officers, or former members or officers, of any local authority to give oral evidence to the Commission; and
(c) may pay to any person attending a hearing under this section such expenses as they think fit.”.
(28) For section 123 (education authorities) substitute—
The education authority for the purposes of the [1980 c. 44] Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.”.
(29) For section 126 (disqualification for membership of education committees etc.) substitute—
Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—
(a) a committee such as is mentioned in subsection (1) of section 124 of this Act;
(b) a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
(c) any sub-committee of such a committee or joint committee.”.
(30) In section 128 (educational endowments), in Table B, in subsection (2), for the words “Chairman of council” substitute “Convener of council”.
(31) In section 130 (housing)—
(a) in subsection (1), for “an islands or a district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(b) for subsection (2) substitute—
“(2) Before any local authority exercise outwith their area any power under Part I of the [1987 c. 26.] Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.”.
(32) In section 133 (roads), subsection (1) shall cease to have effect.
(33) Section 134(1) (building) shall cease to have effect.
(34) In section 135 (prevention of river pollution)—
(a) in subsection (2), for “islands councils” substitute “the councils for Orkney Islands, Shetland Islands and Western Isles”;
(b) in subsection (3), for “islands areas” substitute “the areas mentioned in subsection (2) above”;
(c) in subsection (5)—
(i) in paragraph (a), the words from “not” to the end shall cease to have effect; and
(ii) for paragraph (b) substitute—
“(b) that one half of the members of the board shall be appointed from among their members by such of the councils wholly or partly within the area of the board and in such proportions as may be so specified; and that one half of the members of the board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the board’s area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,”;
(d) in subsection (6)(d), the word “regional” shall cease to have effect;
(e) in subsection (7)—
(i) for from “16th May 1975” to “burghs” substitute “1st April 1996, regional and district councils”; and
(ii) for from “Schedule 7” to the end of that subsection substitute “subsections (4) to (7) of section 63 of the Local Government etc. (Scotland) Act 1994 (alteration of water areas and sewerage areas) shall apply to the making of such an order as they apply to the making of an order under that section subject to such modifications as may be necessary”;
(f) after subsection (7) insert—
“(7A) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”; and
(g) in subsection (9), for from “water development” to “1980” substitute “joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities”.
(35) In section 135A(2) (variation of composition of river purification boards), for paragraphs (b) and (c) substitute—
“(b) that one half of the members of the board shall be appointed from among their members by such of the councils wholly or partly within the area of the board and in such proportions as may be so specified;”.
(36) Section 137(1) (flood prevention) shall cease to have effect.
(37) Section 138(1) (coast protection) shall cease to have effect.
(38) Section 140 (allotments) shall cease to have effect.
(39) Section 142 (public health) shall cease to have effect.
(40) Sections 143 (transfer of functions under 1968 Act) and 148(1) (transfer of functions of regional water boards to water authorities) shall cease to have effect.
(41) In section 145 (Ordnance Survey)—
(a) in subsection (2)—
(i) for “regional, islands or district council” substitute “local authority”; and
(ii) for “council”, where it secondly occurs, substitute “authority”;
(b) in subsection (4), for “regional, islands or district council, as the case may be”, in both places where it occurs, substitute “local authority”; and
(c) in subsection (5), for the words from “a region” to “may be” substitute “the area of a local authority”.
(42) In section 146(5) (police), for the words “regions” and “region”, in each place where either occurs, substitute respectively “areas” and “area”.
(43) For section 150 (public transport) substitute—
Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.”.
Local Government etc (Scotland) Act 1994