Office of Public Sector Information
SCHEDULE 13 continued
101 In section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
102 In section 17(1) of the Safety of Sports Grounds Act 1975 (interpretation), in the definition of “local authority”, in paragraph (d), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
103 In section 99(1) of the Children Act 1975 (inquiries in Scotland)—
(a) in paragraph (b), for the words from “paragraphs” to “2(2)” substitute “paragraphs (b), (e), (g), (h), (i), (l) and (o) of section 5(1B)”;
(b) the word “or” immediately preceding paragraph (e) shall cease to have effect; and
(c) after paragraph (e) insert “; or
(f) the functions of the Principal Reporter under Part III of the Local Government etc. (Scotland) Act 1994.”.
104 (1) The Lotteries and Amusements Act 1976 shall be amended in accordance with this paragraph.
(2) In section 23(1) (interpretation), in the definition of “local authority”, in paragraph (c), for “regional council, an islands council and a district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In Schedule 1 (registration of societies), in paragraph 1(2)(c), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In Schedule 3 (permits for commercial provision of amusements with prizes), in paragraph 1(2), in the definition of “local authority”, in paragraph (c), for “an islands council and a district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
105 In section 7(4) of the Dangerous Wild Animals Act 1976 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
106 (1) The Licensing (Scotland) Act 1976 shall be amended in accordance with this paragraph.
(2) In section 1 (licensing boards)—
(a) in subsection (2)(a) for the words—
(i) “each district and islands area” substitute “the area of each council”; and
(ii) “subsection (3) below” substitute “section 46(1) of the Local Government etc. (Scotland) Act 1994”;
(b) subsection (3) shall cease to have effect;
(c) in subsection (4), the words “district or islands” shall cease to have effect;
(d) in subsection (5)—
(i) for the words “a district or islands area” substitute “the area of a council”; and
(ii) the words “or electoral division” shall cease to have effect;
(e) for subsections (6) and (7) substitute—
“(6) On 1st April 1996, the members of a licensing board shall be—
(a) for an area or, as the case may be, a licensing division of an area which was, immediately before that date, an islands area, the members in office immediately before that date; and
(b) for any other area or, as the case may be licensing division of such area, the members elected by the council for the area in pursuance of section 46 of the Local Government etc. (Scotland) Act 1994.
(7) Subsequent elections of the members of a licensing board for any area or, as the case may be, a licensing division of such area shall be held—
(a) except in so far as paragraph (b) below otherwise provides, at the first meeting of the council held after each ordinary election of that council which takes place after 1st April 1996; and
(b) where a determination under subsection (3) above is made, either—
(i) at the meeting at which the determination is made; or
(ii) at the first meeting of the council held after such meeting as is mentioned in sub-paragraph (i) above.”;
(f) in subsection (8), for the words from “with” to “above” substitute “on 1st April 1996”; and
(g) in subsection (9)—
(i) for the word “authority”, where it first occurs, substitute “council”; and
(ii) for the words “the council of that authority” substitute “that council”.
(3) In section 3(2) (expenses of members of licensing boards), the words “of the district or islands area” shall cease to have effect.
(4) In section 5(8) (council to provide accommodation etc. for licensing board), the words “district or islands” shall cease to have effect.
(5) In section 7 (clerk of licensing boards)—
(a) in subsection (1), the words “district and islands”; and
(b) subsection (2),
shall cease to have effect.
(6) In section 23(7) (meaning of “appropriate authority” for certain purposes), for the words from “in”, where it secondly occurs, to the end substitute “the appropriate authority is the council”.
(7) In section 105 (procedure on application for grant or renewal of certificate of registration)—
(a) in subsection (2)(b), for the words from “of” to “which” substitute “within whose area”; and
(b) in subsection (3)(c), after “1973” insert “or section 22 of the Local Government etc. (Scotland) Act 1994”.
(8) In section 120(6) (consequences of conviction for sale or supply of liquor in unregistered club), for the words from “district” to “in which” substitute “council within whose area”.
(9) In section 139(1) (interpretation), after the definition of “contravene” insert—
““council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and references to the area of a council shall be construed accordingly;”.
107 (1) Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units) shall be amended in accordance with this paragraph.
(2) In paragraph 2(2) (Secretary of State may require councils to exercise functions of providing and maintaining resettlement units)—
(a) the words—
(i) “and of”;
(ii) “, regions, islands areas”; and
(iii) “and”, where it thirdly occurs,
shall cease to have effect; and
(b) after “of London” insert “and any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In paragraph 4(2) (local authorities to whom grants may be paid for certain purposes)—
(a) the words—
(i) “, a region, an islands area”; and
(ii) “or”, where it secondly occurs,
shall cease to have effect; and
(b) after “of London” insert “or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
108 In section 71 of the Race Relations Act 1976 (local authorities: general statutory duty), the existing wording shall become subsection (1) of that section and after that subsection there shall be added—
“(2) In this section, “local authority”, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (“the 1994 Act”) and includes—
(a) a joint board and a joint committee within the meaning of the [1973 c. 65.] Local Government (Scotland) Act 1973;
(b) the staff commission established by virtue of section 12 of the 1994 Act;
(c) a water and sewerage authority within the meaning of the 1994 Act; and
(d) the Strathclyde Passenger Transport Authority.”.
109 In section 11(1) of the Refuse Disposal (Amenity) Act 1978 (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”.
110 (1) The European Parliamentary Elections Act 1978 shall be amended in accordance with this paragraph.
(2) In Schedule 1 (simple majority system (for Great Britain) with S T V (for Northern Ireland)), in paragraph 4—
(a) in sub-paragraph (2), for the words “region or islands”, in each place where they occur, substitute “local government”; and
(b) in sub-paragraph (5)(b), for “a region, islands area or district” substitute “the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In Schedule 2 (European Parliamentary constituencies in Great Britain), in paragraph 5A(4), in the definition of “local authority”, in paragraph (b), for “the council of a region, islands area or district” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
111 (1) The Adoption (Scotland) Act 1978 shall be amended in accordance with this paragraph.
(2) In section 2 (local authorities' social work), for the words from “which stand” to “committee” substitute the words “under any of the enactments mentioned in subsection (1B) of section 5 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (power of Secretary of State to issue directions to local authorities in respect of their functions under certain enactments)”.
(3) In section 65(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
112 (1) The National Health Service (Scotland) Act 1978 shall be amended in accordance with this paragraph.
(2) In section 16A (power to make payments towards expenditure on community services), in subsection (1)—
(a) in paragraph (a), for the words from “relating” to the end substitute “under any of the enactments mentioned in section 5(1B) of the [1968 c. 49.] Social Work (Scotland) Act 1968 (power of Secretary of State to issue directions to local authorities in respect of their functions under certain enactments), other than section 3 of the Disabled Persons (Employment) Act 1958;”;
(b) in paragraph (b), the words “of a regional or islands council's” shall cease to have effect;
(c) in paragraph (c), the words “of a district or islands council's” shall cease to have effect; and
(d) in paragraph (d), the words “of a regional or islands council's” shall cease to have effect.
(3) In section 108(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”.
113 (1) The Community Service by Offenders (Scotland) Act 1978 shall be amended in accordance with this paragraph.
(2) In section 2(3)(b) (persons to whom copy of community service order to be sent), for “director of social work” substitute “chief social work officer”.
(3) In section 12(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
114 (1) The Inner Urban Areas Act 1978 shall be amended in accordance with this paragraph.
(2) In section 1(2) (meaning of “designated district authority”), the words “or region” shall cease to have effect.
(3) In section 2(1) (loans for acquisition of land etc.), the words “or region”, in both places where they occur, shall cease to have effect.
(4) In section 7(1)(a) (power to enter into arrangements), the words “or region” shall cease to have effect.
115 In section 10(3) of the Bail etc. (Scotland) Act 1980 (sittings of district courts), for “district or islands council” substitute “local authority”.
116 (1) The Reserve Forces Act 1980 shall be amended in accordance with this paragraph.
(2) In section 131 (lieutenancies in Scotland)—
(a) for subsection (1) substitute—
“(1) Her Majesty—
(a) shall appoint a lord-lieutenant for each area of Scotland; and
(b) may appoint lieutenants for each area of Scotland.
(1A) For the purposes of the provisions of this Act relating to lieutenancies, Her Majesty—
(a) shall by Order in Council divide Scotland into such areas as She thinks fit; and
(b) may in such an Order make such provision with respect to deputy lieutenants as is mentioned in subsection (1B) below.
(1B) Where an Order in Council is made under subsection (1A) above, any deputy lieutenant holding office immediately before the date on which the Order is made shall (without prejudice to any power of removal or directing removal from any office) continue to hold office on and after that date as deputy lieutenant of the area or city in which he resides or of such other area or city as may be specified in the Order.”;
(b) in subsection (2)—
(i) the words “the district of” shall cease to have effect; and
(ii) for “such district” substitute “such city”;
(c) subsections (3) and (4) shall cease to have effect; and
(d) in subsection (5)—
(i) for “region” substitute “area”; and
(ii) the words “the districts of” shall cease to have effect.
(3) In subsection (5) of section 133 (deputy lieutenants), for “the regional or general rate” substitute “the non-domestic rate or the council tax”.
(4) In subsection (1) of section 156 (interpretation), immediately before the definition of “home defence service” insert—
““area”, in the application to Scotland of the provisions of this Act relating to the lieutenancies, shall be construed in accordance with section 131(1A) of this Act;”.
(5) In paragraph 3 of Schedule 7 (schemes for the establishment of associations), for “region” and “regions” wherever they occur, substitute “local government area” and “local government areas” respectively.
(6) For paragraph 14(2) of Schedule 8 (saving and transitional provisions) substitute—
“(2) Subject to any power of removal or of directing removal from any office, where, immediately before the date on which paragraph 116 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 comes into force—
(a) any lord-lieutenant or lieutenant held office in Scotland, Her Majesty may by Order in Council provide that he shall continue to hold office on and after that date as lord-lieutenant or lieutenant respectively for such area as may be specified in the Order;
(b) any deputy lieutenant held office in Scotland, he shall continue to hold office on and after that date as deputy lieutenant for the area or city in which he resides or such other area or city as may be specified by the Secretary of State in an order made under this paragraph.”.
117 In section 22 of the Slaughter of Animals (Scotland) Act 1980 (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”.
118 (1) The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph.
(2) In section 4 (duty of education authorities to provide psychological service), the words “regional or island authority” shall cease to have effect.
(3) In section 6 (social activities etc.)—
(a) in subsection (2)—
(i) the letter “(a)”; and
(ii) paragraph (b),
shall cease to have effect; and
(b) subsection (3) shall cease to have effect.
(4) Section 78 (appointment of director of education) shall cease to have effect.
(5) In section 86 (admissibility of documents)—
(a) in paragraph (a), the words from “or” to “authority”; and
(b) in paragraph (e), the words “or by the director of education”,
shall cease to have effect.
(6) In subsection (3A) of section 112 (reorganisation schemes), for “Schedule 10 to” substitute “Section 56 of”.
(7) In section 122 (interpretation of Part VI), in the definition of “governing instrument”, after the words “provisional order”, where they first appear, insert “or made under section 17 of the Local Government etc. (Scotland) Act 1994,”.
(8) In subsection (3) of section 129 (establishment of Board to conduct examinations, etc.), for “directors of education” substitute “persons employed by education authorities in an administrative capacity as respects the discharge of their education functions”.
(9) In subsection (1) of section 135 (interpretation), in the definition of “education authority”, for the words “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(10) In Schedule A1 (appeal committees)—
(a) in paragraph 3—
(i) in sub-paragraph (a), for the words “the education committee of the authority” there shall be substituted the words “any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority”;
(ii) in sub-paragraph (b), for the words “the education committee of the authority” there shall be substituted the words “any such committee”; and
(iii) for the words from “as” to “adviser”, where it thirdly occurs, there shall be substituted the words “in an administrative or advisory capacity as respects the discharge of their education functions.”;
(b) in paragraph 4, for the words “the education committee of the authority” there shall be substituted the words “any committee such as is mentioned in paragraph 3 above”; and
(c) in paragraph 5, for the words “the education committee of the authority” there shall be substituted the words “any committee such as is mentioned in paragraph 3 above”.
119 (1) The 1980 Act shall be amended in accordance with this paragraph.
(2) Sections 3 to 5 (water authorities and their areas, alterations of limits of supply and maps of such limits) shall cease to have effect.
(3) In section 6(3) (questions arising as respects water authority’s duty to provide supply of wholesome water)—
(a) for “10 or more local government electors in the limits of supply of the water authority” substitute “any person aggrieved”; and
(b) for “consulting the authority” substitute “consultation with that person and with the water authority concerned”.
(4) In section 9A (prohibition on any charge for water taken to extinguish fires etc.)—
(a) for the words from the beginning to “49” substitute “Notwithstanding anything in section 9”;
(b) the existing words as so amended shall be subsection (1) of the section; and
(c) after that subsection add—
“(2) Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.”.
(5) In section 10 (compensation for damage resulting from exercise of powers)—
(a) in subsection (1)—
(i) for “district council” substitute “local authority”; and
(ii) the words “or water development board” shall cease to have effect;
(b) in subsection (1A)—
(i) the words “onto agricultural land or forestry land” and “or as the case may be water development board's” shall cease to have effect; and
(ii) after “communication” insert “or supply”;
(c) in subsection (3), for “12” substitute “24”;
(d) in subsection (5)(e), for “26 of the said Act of 1950” substitute “141 of the said Act of 1991”; and
(e) subsection (6) shall cease to have effect.
(6) In section 11 (power of Secretary of State on default of water authority or water development board)—
(a) in subsection (1)—
(i) in paragraph (a), the words “or a water development board”; and
(ii) in paragraph (b), the words “or board”;
(b) in subsection (2), the words “or board”;
(c) in subsection (3), the words “or board” wherever they occur;
(d) in subsection (4), the words “or board” wherever they occur and “or “the transferee board””; and
(e) in subsections (5) to (7), the words “or board” wherever they occur,
shall cease to have effect.
(7) In section 13 (supply of water in bulk)—
(a) in subsection (1), the words “or water development board”, in both places where they occur, “or board”, in both places where they occur, and “or area” shall cease to have effect;
(b) in subsection (2), the words “or water development board”, “or board” wherever they occur, “or area” and “or boards” shall cease to have effect;
(c) in subsection (3)—
(i) the words “or water development board” and “or area, as the case may be,” shall cease to have effect; and
(ii) for “streets” substitute “roads”; and
(d) in subsection (6), the words “or water development board” shall cease to have effect.
(8) Section 15 (power to acquire land), shall cease to have effect.
(9) In section 16 (power to survey land and search for water)—
(a) in subsection (1) the words “or water development board”; and
(b) in each of subsections (2), (3) and (8), the words “or board” wherever they occur,
shall cease to have effect.
(10) In section 17 (acquisition of water rights)—
(a) in subsection (1), the words “or water development board”;
(b) in subsection (2), the words “or water development board” and “or board”;
(c) in subsection (3), the words “or water development board” and, in both places where they occur, “or board”; and
(d) in subsection (4), the words “or water development board”,
shall cease to have effect.
(11) In section 18(1) (compulsory acquisition of land for water works)—
(a) the words “or board”, in both places where they occur, shall cease to have effect; and
(b) for “15” substitute “99 of the Local Government etc. (Scotland) Act 1994”.
(12) Section 20 (power to hold and dispose of land), shall cease to have effect.
(13) In section 22 (power to break open roads), the words “or water development board” shall cease to have effect.
(14) In section 23 (power to lay mains)—
(a) in subsection (1), the words “or water development board” shall cease to have effect;
(b) in subsection (2), the words “or board” shall cease to have effect;
(c) in subsection (3)—
(i) the words “or water development board” shall cease to have effect; and
(ii) for “street” substitute “road”; and
(d) in subsection (4), for “(1)” substitute “(1)(a)”.
(15) In section 25 (power to provide public wells)—
(a) in subsection (1)—
(i) for “district council” substitute “local authority”; and
(ii) for “district”, where it secondly occurs, substitute “area”; and
(b) in subsection (2)—
(i) for “An islands or district council” substitute “A local authority”;
(ii) the words “or district”, where they secondly occur, shall cease to have effect;
(iii) after “but” insert “where the Secretary of State is the roads authority”;
(iv) for “the district council” substitute “the local authority”; and
(v) for “the roads authority's” substitute “his”.
(16) In section 26 (power to close, or restrict use of, wells)—
(a) for “district council” substitute “local authority”; and
(b) in paragraph (a), for “district” substitute “area”.
(17) In section 27 (power to close, or restrict use of water from, polluted source)—
(a) in subsection (1)—
(i) for “an islands or district council” substitute “a local authority”;
(ii) the words “or district”, where they secondly occur, shall cease to have effect; and
(iii) for “the council” substitute “they”; and
(b) in subsection (2), for “council” substitute “local authority”; and
(c) in subsection (3)—
(i) for “council”, where that word first occurs, substitute “local authority”; and
(ii) for “the council”, where those words secondly and thirdly occur, in each case substitute “them”.
(18) In section 28 (water works code)—
(a) in subsection (1), the words “or a water development board”; and
(b) in subsection (2), the words “or water development board”,
shall cease to have effect.
(19) In section 29 (applications of enactments by order)—
(a) in subsection (2), the words “or water development board”; and
(b) in subsection (3), the words “or board”,
shall cease to have effect.
Local Government etc (Scotland) Act 1994