Office of Public Sector Information
SCHEDULE 13 continued
(44) In section 153 (ferries)—
(a) in subsection (1)—
(i) for “local authorities” substitute “regional or islands councils”; and
(ii) the words “regional or islands” shall cease to have effect;
(b) in subsection (2)—
(i) the words “regional or islands” shall cease to have effect; and
(ii) the word “such”, wherever it occurs, shall cease to have effect;
(c) in subsection (3)—
(i) the words “regional or islands” shall cease to have effect; and
(ii) the word “such”, where it first occurs, shall cease to have effect; and
(d) in subsection (5), after “this section” insert “—
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and”.
(45) In section 154 (piers and harbours)—
(a) in subsection (1)—
(i) the words “Subject to subsection (3A) below” shall cease to have effect;
(ii) for “local authorities” substitute “regional, islands or district councils”;
(iii) for “those authorities” substitute “regional, islands or district councils”; and
(iv) the words “regional or islands” shall cease to have effect;
(b) in subsection (2), the word “regional”, in both places where it occurs, shall cease to have effect;
(c) in subsection (3), the words—
(i) “regional or islands”; and
(ii) “such”,
shall cease to have effect;
(d) subsections (3A) and (3B) shall cease to have effect; and
(e) in subsection (7), after “this section” insert “—
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and”.
(46) Section 155(1) (district council for purposes of Factories Act 1961) shall cease to have effect.
(47) Section 156(1) (local authority responsible for enforcing provisions of Offices, Shops and Railway Premises Act 1963) shall cease to have effect.
(48) Section 157 (local authority responsible for enforcing provisions of Shops Act 1950) shall cease to have effect.
(49) Section 159 (local authority not subject to requirements of Employers' Liability (Compulsory Insurance) Act 1969) shall cease to have effect.
(50) In section 163 (public libraries, museums and art galleries)—
(a) subsection (1);
(b) in subsection (2), the words “as aforesaid”; and
(c) subsection (3),
shall cease to have effect.
(51) Section 168 (census) shall cease to have effect.
(52) In section 169(1) (functions in relation to burial grounds etc.)—
(a) for “councils”, where it first occurs, substitute “islands or district councils”; and
(b) for “islands or district councils” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(53) In section 170(1) (war memorials), for “islands or district council” substitute “local authority within the meaning of this Act”.
(54) In section 170A(5) (application of certain provisions of the 1980 Act to pipes and works for conveying heat etc.)—
(a) paragraph (a) shall cease to have effect; and
(b) for paragraphs (c) and (d) substitute— “and
(c) for any reference to a water authority there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.”.
(55) In section 170B(2) (provisions supplementary to section 170A)—
(a) the words “or water development boards” where they first occur shall cease to have effect; and
(b) for the words “water authorities or water development boards” substitute “a water authority”.
(56) Section 171(1) and (2) (local authority for the purposes of certain enactments) shall cease to have effect.
(57) For section 172 (planning authorities) substitute—
(1) The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be a local authority; and the district of the planning authority shall be the area of the local authority.
(2) In the term “local planning authority”, wherever it occurs in any enactment or instrument made under or by virtue of an enactment, the word “local” shall be omitted.
(3) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a local authority.
(4) In this Part of this Act “the Act of 1972” means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.”.
(58) For section 188 (miscellaneous licensing, registration and related matters) substitute—
Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.”.
(59) In section 190 (service of legal proceedings), for the word “chairman”, in both places where it occurs, substitute “convener”.
(60) For subsection (1) of section 194 (execution of deeds by local authority) substitute—
“(1) For a purpose other than is mentioned in subsection (1A) below, a document is validly executed by a local authority if signed on behalf of that authority by their proper officer.
(1A) For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by a local authority if subscribed on behalf of the authority by being executed in accordance with the provisions of subsection (1) above.
(1B) A document which bears to have been executed by a local authority in accordance with subsection (1A) above shall, in relation to such execution, be a probative document if—
(a) the subscription of the document bears to have been attested by at least one witness; or
(b) the document bears to be sealed with the seal of the authority.”.
(61) In section 201(1) (byelaws for good rule and government), for the words from “the region” to “be” substitute “their area”.
(62) In section 202 (procedure, etc., for byelaws), subsection (13) shall cease to have effect.
(63) In section 206 (admission of honorary freemen)—
(a) in subsection (1)—
(i) for “An islands or district council” substitute “A local authority”;
(ii) for “council” substitute “authority”; and
(iii) for “the islands area or district”, in both places where it occurs, substitute “their area”; and
(b) in subsection (2), for “islands or district council” substitute “local authority”.
(64) Section 226 (transitional provision for joint boards existing before 16th May 1975) shall cease to have effect.
(65) Section 230 (transitional establishment of committees of local authorities) shall cease to have effect.
(66) In section 235(1) (interpretation)—
(a) the definitions of “area”, “college council”, “school council” and “education committee” shall cease to have effect;
(b) for the definition of “electoral area” substitute—
““electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;”;
(c) for the definition of “local authority” substitute—
““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”; and
(d) in the definition of “rating authority”, for the words from “has” to “Act” substitute “shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994.”.
(67) For Schedule 5 (initial review of local government areas and electoral arrangements) substitute—
Section 20.
1 As soon as practicable after 1st April 1996 the Boundary Commission shall—
(a) review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and
(b) formulate proposals for those arrangements.
2 The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—
(a) the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and
(b) the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).”.
(68) For heads (a) to (c) of paragraph 1(2) of Schedule 6 (electoral arrangements) substitute “, the number of local government electors shall be, as nearly as may be, the same in every electoral ward of that local government area.”.
(69) In Schedule 7 (meetings and proceedings of local authorities)—
(a) in paragraphs 1(4), 3(1), 3(2) and 3(3), for the word “chairman” substitute “convener”;
(b) in paragraphs 3(2) and (3), for the words “vice-chairman” substitute “depute convener”; and
(c) in paragraph 5(1), after “such orders” insert “or to the procedure for early removal from office of the convener or depute convener”.
(70) In paragraph 4(1) of Schedule 8 (provision as to Commission for local authority accounts), after “Commission” where it first occurs insert “, including any hearing under section 103 of this Act,”.
(71) Schedule 13 (amendments of the Rent (Scotland) Act 1971) shall cease to have effect.
(72) Schedule 14 (amendments of enactments relating to roads) shall cease to have effect.
(73) In Schedule 17, in paragraph 1(1)(a) (general construction of certain references), the words “or to a constituent board” and “or to a constituent water authority” shall cease to have effect.
(74) Schedule 22 (planning functions) shall cease to have effect.
93 (1) The Health and Safety at Work etc. Act 1974 shall be amended in accordance with this paragraph.
(2) In section 28 (restrictions on disclosure of information)—
(a) in subsection (3)(c)(ii), for “water authority or water development board who is authorised by that Authority, undertaker, authority or board” substitute “sewerage authority or water authority who is authorised by that authority or undertaker”; and
(b) in subsection (5)(b), for “a water authority, a river purification board or a water development board” substitute “a sewerage authority, a water authority or a river purification board”.
(3) In section 53(1) (interpretation), in the definition of “local authority”, in paragraph (b), for the words from “regional” to “county council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
94 In section 189(1) of the Consumer Credit Act 1974 (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”.
95 (1) The Control of Pollution Act 1974 shall be amended in accordance with this paragraph.
(2) In section 32 (control of discharges of trade and sewage effluent etc.)—
(a) in subsection (1), for “(5)” substitute “(5A)”;
(b) for subsection (2) substitute—
“(2) Where any sewage effluent is discharged as mentioned in paragraph (a) of subsection (1) above from any sewer or works—
(a) vested in a sewerage authority; or
(b) vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994,
and the authority, or as the case may be person, did not cause or knowingly permit the discharge but was bound to receive into the sewer or works, either unconditionally or subject to conditions which were observed, matter included in the discharge, the authority or person shall be deemed for the purposes of that subsection to have caused the discharge.”;
(c) in subsection (5), for “local”, in both places where it occurs, substitute “sewerage”;
(d) after subsection (5) insert—
“(5A) A person in whom any such sewer or works as is described in subsection (2)(b) above is vested (such person being in this subsection referred to as a “relevant person”) shall not be guilty of an offence by virtue of subsection (1) of this section by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if—
(a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and
(b) the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and
(c) the relevant person could not reasonably have been expected to prevent the discharge into the sewer or works;
and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed.”; and
(e) subsection (6) shall cease to have effect.
(3) In section 36 (provisions supplementary to sections 34 and 35)—
(a) in subsection (1)(b) after “area”—
(i) where it first occurs, insert “, and to each water authority within whose limits of supply,”; and
(ii) where it secondly occurs, insert “, or within whose limits of supply,”; and
(b) in subsection (2), for “regional or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In section 55 (discharges by islands councils)—
(a) in subsection (1), for “an islands council in its area” substitute “the councils for Orkney Islands, Shetland Islands and Western Isles in their areas”; and
(b) in subsection (2), for “islands councils” substitute “the councils for the areas mentioned in that subsection”.
(5) In section 56 (interpretation of Part II)—
(a) for the definition of “sewage effluent” substitute—
““sewage effluent” includes any effluent from sewage disposal, or sewerage, works vested in a sewerage authority;
“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and
(b) for the definition of “water authority” substitute—
““water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”.
(6) In section 62(2)(a) (certain exemptions as respects offences relating to noise), after “water authority” insert “(“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994)”.
(7) In section 73(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(8) In section 98 (interpretation of Part V), in the definition of “relevant authority”, in paragraph (b), for “, an islands council or a district council” substitute “or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(9) In section 106(2) (application to Scotland), for the words from the beginning to “is a reference” substitute “In this Act any reference to a river purification authority is”.
(10) In Schedule 1A (orders designating nitrate sensitive areas: Scotland), in paragraph 8, for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
96 (1) The District Courts (Scotland) Act 1975 shall be amended in accordance with this paragraph.
(2) In section 1A(4) (further provisions as to establishment and disestablishment of district courts), for “district or islands council” substitute “local authority”.
(3) Section 7(3) (officer of regional council may act as clerk of district court) shall cease to have effect.
(4) In subsection (1) of section 12 (disqualification in certain cases of justices who are members of local authorities), for “Local Government (Scotland) Act 1973” substitute “Local Government etc. (Scotland) Act 1994”.
(5) In section 26 (interpretation), for the definition of—
(a) “commission area” substitute—
““commission area” means the area of a local authority;”; and
(b) “local authority” substitute—
““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
97 (1) The Criminal Procedure (Scotland) Act 1975 shall be amended in accordance with this paragraph.
(2) In—
(a) sections 168 and 364 (power of court, in respect of certain offences, to refer child to reporter), for the words “reporter of the local authority in whose area the child resides” wherever they occur; and
(b) sections 173(1)(a) and (b) and (3) and 372(1)(a) and (b) and (3) and 373 (reference and remit of children’s and young persons' cases by courts to children’s hearings), for the words “reporter of the local authority”, wherever they occur,
substitute the words “Principal Reporter”.
(3) In each of sections 186(1)(b) and (c) and 387(1)(b) and (c) (persons who may give information on oath as respects failure to comply with probation order), for “director of social work”, wherever it occurs, substitute “chief social work officer”.
(4) In section 296(3) (action to be taken where child detained by police) for the words from “reporter” to “detained” where the latter word second occurs substitute the words “Principal Reporter”.
(5) In section 413(3) (detention of children), in the definition of “the appropriate local authority”, in each of paragraphs (a) and (b), for “regional or islands council” substitute “local authority”.
(6) In section 462 (interpretation) the definition of “reporter” shall cease to have effect.
(7) In Schedule 5 (discharge and amendment of probation orders), in paragraph 2(4)(b)—
(a) for “director of social work” substitute “chief social work officer”; and
(b) for “director”, where it secondly and thirdly occurs, substitute “chief social work officer”.
(8) For the word “reporter”, wherever occurring, substitute the words “Principal Reporter”.
(9) Sub-paragraph (8) above does not affect any of the particular amendments made by this paragraph.
98 In section 2(1) of the Reservoirs Act 1975 (local authorities for purposes of the Act), for “regional and islands councils” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
99 In Part IV of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—
(a) in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for a region in Scotland—
(i) for the words “a region” substitute “an area”; and
(ii) for the words from “such part” to “Majesty” substitute “the area”;
(b) the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for an islands area in Scotland shall cease to have effect; and
(c) in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow—
(i) the words “the district of” shall cease to have effect; and
(ii) for “district” substitute “city”.
100 (1) The 1975 Act shall be amended in accordance with this paragraph.
(2) In section 2(1)(e) (alterations to valuation roll which is in force)—
(a) after “consequence of” insert “—
(i)”; and
(b) after “1970” insert “or
(ii) the making of regulations under section 42 of the [1854 c. 91.] Lands Valuation (Scotland) Act 1854;”.
(3) In section 7A (provisions as to setting of non-domestic rates)—
(a) for subsection (2) substitute—
“(2) Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—
(a) in accordance with section 7 of this Act; or
(b) where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.”; and
(b) subsection (3) shall cease to have effect.
(4) For subsection (2) of section 7B (provisions as to setting of non-domestic rates) substitute—
“(2) Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—
(a) in accordance with section 7 of this Act; or
(b) where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.”.
(5) In subsection (4) of section 8 (payment of rates by instalments), for from “the ground” to “1947” substitute “account of hardship under section 25A of the [1966 c. 51.] Local Government (Scotland) Act 1966”.
(6) In section 23 (authorities subject to investigation by the Commissioner for Local Government in Scotland)—
(a) in subsection (1)—
(i) after paragraph (e) insert—
“(ee) a residuary body established under section 18 of the Local Government etc. (Scotland) Act 1994;”; and
(ii) after paragraph (i) insert—
“(j) the Strathclyde Passenger Transport Authority”.; and
(b) in subsection (2)—
(i) for paragraph (a) substitute—
“(a) any joint board constituted by an administration scheme under section 36 of the [1947 c. 41.] Fire Services Act 1947 or section 147 of the Act of 1973”;
(ii) in paragraph (b), for “committee” substitute “board”;
(iii) paragraph (c) shall cease to have effect; and
(iv) in paragraph (d), for the words from “of Schedule” to “Act of” substitute “, or joint advisory committee formed under paragraph 5B, of Schedule 3 to the Social Work (Scotland) Act”.
(7) In subsection (2) of section 28 (reports on investigations), for the word “chairman” substitute “convener”.
(8) In section 37(1) (interpretation), in the definition of “material change of circumstances”, for the word “for” substitute “the members of which are drawn from the valuation appeal panel serving”.
(9) In Schedule 3 (borrowing and lending by local authorities)—
(a) for paragraph 8(3) substitute—
“(3) Sub-paragraphs (1) and (2) above shall not apply in the case of money borrowed for the purpose of the common good, nor shall the security created by those sub-paragraphs include the common good or the revenues thereof.”;
(b) in paragraphs 12(1), 13(1), 13(2) and 14, for “16th May 1975”, in each place where it occurs, substitute “1st April 1996”;
(c) after paragraph 12(1) insert—
“(1A) Sub-paragraph (1) above, so far as it relates to the establishment of a loans fund, does not apply to the councils of Orkney Islands, Shetland Islands and Western Isles, whose loans funds will continue in existence.”;
(d) for paragraph 12(2) substitute—
“(2) A loans fund shall not apply to money borrowed for the common good.”;
(e) in paragraph 13(1), for the words “section 128 of the Act of 1973 or which is referred to in section 222(2) or 223 of that Act” substitute “section 17 of the Local Government etc. (Scotland) Act 1994 or which is referred to in section 15(5) or 16 of that Act”;
(f) in paragraph 22—
(i) in sub-paragraph (1), after head (b) insert—
“(ba) an insurance fund, to be used for the following purposes, namely—
(i) where the authority could have insured against a risk but have not done so, defraying any loss or damage suffered, or expenses incurred, by the authority as a consequence of that risk;
(ii) paying premiums on a policy of insurance against a risk.”; and
(ii) in sub-paragraph (2), after “repair fund” insert “or the insurance fund”.
(g) in paragraph 24(1), after “repair fund” insert “, or an insurance fund,”;
(h) in paragraph 28—
(i) in sub-paragraph (1), after “money,” insert “the Strathclyde Passenger Transport Authority”; and
(ii) in sub-paragraph (2), for the words from “Schedule to” to the end insert—
“(a) the aforesaid boards, either generally or to any particular board or class of board; and
(b) the Strathclyde Passenger Transport Authority”;
(i) for paragraph 30 substitute—
“30 Nothing in this Schedule shall affect the power of a council having a common good to borrow on the security of the common good or any loan secured thereon.”; and
(j) for paragraph 31 substitute—
“31 In this Schedule, unless the context otherwise requires—
“statutory borrowing power” means any power to borrow money conferred on a local authority by or under any enactment, but does not include the power of a council to borrow for the purposes of the common good; and
“trustee securities” means any security in which trustees are for the time being authorised by law to invest trust money.”.
Local Government etc (Scotland) Act 1994