Office of Public Sector Information

(20) Section 30 (exemption from stamp duty) shall cease to have effect.

(21) In section 32 (power of water undertakers to supply water to water authorities)—

(a) in subsection (1)(b), the words “subject to subsection (2),”; and

(b) subsection (2),

shall cease to have effect.

(22) In section 33 (temporary discharge of water into watercourses)—

(a) in subsection (1), the words “or water development board”, “or their area, as the case may be” and “or board”;

(b) in subsection (3), the words “or water development board” in both places where they occur; and

(c) in each of subsections (4), (6)(b), (7) to (9) and (11), the words “or board” wherever they occur,

shall cease to have effect.

(23) Section 35(4) (charge for water fittings) shall cease to have effect.

(24) In section 38(1) (entry to premises), the words “or water development board” and, in each of paragraphs (a), (c) and (d), “or board”, shall cease to have effect.

(25) Sections 40 (non-domestic water rate) and 41 (levy of non-domestic water rate) shall cease to have effect.

(26) Sections 42 (levy of non-domestic water rate on water works etc.), 43 (levy of non-domestic water rate on shootings and fishings) and 46 (transport hereditaments) shall cease to have effect.

(27) In section 47 (provision as regards certain pre-existing obligations etc.)—

(a) for subsection (1) substitute—

“(1) Subject to section 41A of this Act, no charge shall be fixed, demanded or recovered for a supply of water to premises to which a water authority were, immediately before 16th May 1949, by virtue of any enactment or agreement, under an obligation to provide such a supply free of charge.”;

(b) in subsection (2)—

(i) for “leviable in any area specified in the local enactment” substitute “, for a period specified in that enactment, leviable in any area so specified”;

(ii) for “specified therein” substitute “so specified”; and

(iii) for the words from “the non-domestic water rate” to the end of the proviso substitute—

“any charge payable in the area in question for a supply of water in any period commencing after 31st March 1996 (the “transfer date” for the purposes of Part II of the Local Government etc. (Scotland) Act 1994 and of this subsection) shall, during the period so specified, bear the same proportion to the charge which (but for this subsection) would be payable for that supply under a charges scheme, as the non-domestic water rate payable there as at the transfer date by virtue of the local enactment and of this subsection (as it had effect on the transfer date) bore to the non-domestic water rate which would otherwise have been payable.”;

(c) in subsection (3)—

(i) for the words from the beginning to “such a supply” substitute—

“Where, by virtue of any enactment or agreement in force immediately before 16th May 1949, a water authority were under an obligation to provide a supply of water to any premises”; and

(ii) the word “and”, where it first occurs, shall cease to have effect; and

(d) for subsection (7) substitute—

“(7) Nothing in subsection (1) shall be construed as continuing any exemption, and nothing in subsection (3) as continuing any advantage, where under the enactment or agreement in question the obligation which gives rise to the exemption or advantage ceases to exist.”.

(28) Sections 48 (levying of, and exemption from, rates) and 49 (payment for supplies by meter) shall cease to have effect.

(29) In section 54 (register of meter to be evidence)—

(a) subsection (2); and

(b) in subsection (3)(b), the words from “and in the case” to the end,

shall cease to have effect.

(30) In section 55 (terms and conditions on which water supplied)—

(a) in subsection (1), after “conditions” insert “, other than as respects charges,”; and

(b) in subsection (4), after “at the” insert “principal”.

(31) In section 58 (termination of right to supply of water on special terms)—

(a) in subsection (3), for the words from “under section 49” to “may be,” substitute “for a supply of water”;

(b) in subsection (4), for “district council” substitute “local authority”;

(c) in subsection (6), the words “or the district of a district council” and “or by that district council” shall cease to have effect; and

(d) subsection (8) shall cease to have effect.

(32) Sections 60 (requisitions) and 61 (calculation of amount to be requisitioned) shall cease to have effect.

(33) In section 63 (provision of water supply to new buildings and houses)—

(a) after subsection (1) insert—

“(1A) In determining adequacy for the purposes of subsection (1), the local authority shall consult, and have regard to the views of, the water authority within whose limits of supply the building is being erected.”;

(b) in subsection (5), after “section,” insert “except section (1A),”; and

(c) subsection (6) shall cease to have effect.

(34) Sections 64 to 67 (provisions as respects duty of house owners to provide supply of wholesome water for domestic purposes, execution of works on failure to do so, recovery of expenses of such execution and limitation of liability for such expenses) shall cease to have effect.

(35) In section 68 (agreements as to drainage)—

(a) in subsection (1)—

(i) the words “or water development board” and (both in the subsection and its proviso) “or board” shall cease to have effect; and

(ii) in paragraph (b), for “regional, islands or district council” substitute “local authority”; and

(b) subsection (3) shall cease to have effect.

(36) In section 69(1) (power to restrict use of hosepipes)—

(a) for “within the meaning of section 117(1) of the [1947 c. 41.] Road Traffic Act 1960” substitute “as defined in section 1 of the [1981 c. 14.] Public Passenger Vehicles Act 1981”; and

(b) for “within the meaning of section 196 of the [1972 c. 20.] Road Traffic Act 1972” substitute “as defined in section 192(1) of the [1988 c. 52.] Road Traffic Act 1988”.

(37) In section 70 (byelaws for preventing misuse of water)—

(a) in subsection (1), the words “or water development board”;

(b) in subsection (2), the words “or board”; and

(c) in subsection (4), the words “or water development board”; and

(d) in the proviso to subsection (4), the words “, or as the case may be the Board,”,

shall cease to have effect.

(38) In section 71 (byelaws for preventing pollution of water)—

(a) in subsection (1), the words “or water development board” shall cease to have effect;

(b) in subsection (2), for “authority or board” substitute “water authority”;

(c) in subsection (3)—

(i) for “authority or board” substitute “water authority”; and

(ii) for “regional, islands or district council”, in both places where those words occur, substitute “local authority”;

(d) in subsection (4), for “authority or board” and “regional, islands or district council” in each case substitute “local authority”;

(e) in subsection (5)—

(i) for “authorities or boards”, where those words first occur, substitute “water authorities”; and

(ii) the words “or board” and, where they secondly occur, “or boards”, shall cease to have effect; and

(f) in subsection (6), the words “or boards” shall cease to have effect.

(39) In section 72(2) (duty to enforce byelaws), the words “and water development board” shall cease to have effect.

(40) In section 73 (power of Secretary of State to require the making of byelaws)—

(a) in subsection (1), the words “or water development board” and “or board”; and

(b) in each of subsections (2) and (3), the words “or board” wherever they occur,

shall cease to have effect.

(41) In section 76 (acquisition of land for protection of water)—

(a) in subsection (1)—

(i) after “Act” insert “, or of the Local Government etc. (Scotland) Act 1994,”

(ii) the words “or water development board” and “or board” shall cease to have effect; and

(iii) after “undertaking” insert “or functions”;

(b) in subsection (2), the words “or water development board” and (wherever they occur, both in the subsection and its proviso) “or board” shall cease to have effect;

(c) in subsection (3), the words “or water development board”, “or their area” and “or board” shall cease to have effect; and

(d) in the proviso to subsection (3), the words “or board” and “or the area of that board”, shall cease to have effect.

(42) In section 76F(5) (supplementary regulations in relation to water quality)—

(a) at the beginning insert “Without prejudice to subsection (7) below,”; and

(b) after “supplementing the” insert “foregoing”.

(43) In section 76H (effect, confirmation and variation of notice under section 76G)—

(a) in subsection (5), for the words from “may” to the end substitute— “—

(a) may, except where the case is one to which paragraph (b) below applies, take that step themselves in accordance with any applicable provision having effect by virtue of section 76I below; and

(b) may, in a case to which this paragraph applies, take that step themselves and for that purpose exercise the powers which a water authority may, under this Act, exercise for the purpose of their water undertaking.”;

(b) after subsection (5) insert—

“(5A) Paragraph (b) of subsection (5) above applies to any case where the local authority are satisfied that the failure arose because the person was unable on reasonable terms to acquire any necessary rights—

(a) to take water from a suitable source;

(b) to lay pipes through any land not belonging to him; or

(c) to do any other work.”; and

(c) in subsection (8), the words from “; and section 65” to the end shall cease to have effect.

(44) In section 76I (incidental powers of local authorities)—

(a) in subsection (1), for “subsection (5)” substitute “subsections (5) and (6)”;

(b) in subsection (2), at the beginning insert “Subject to subsection (6) below,”; and

(c) after subsection (5) add—

“(6) The foregoing provisions of this section do not apply as respects, but are without prejudice to the exercise of, a power conferred by section 76H(5)(b) above.”.

(45) In section 76J(1) (regulations as to standards of wholesomeness), for “Part” substitute “Act”.

(46) In section 76L(1) (interpretation of Part VIA), the definitions of “local authority” and “wholesome” shall cease to have effect.

(47) Sections 80 to 92 (provisions as regards water development boards) shall cease to have effect.

(48) In section 100 (power to make orders), for subsection (2) substitute—

“(2) Before making, on his own initiative, an order under section 107, the Secretary of State shall consult all water authorities whose limits of supply would be affected by the order.”.

(49) In section 103 (requirement for notices to be in writing)—

(a) for “regional, island or district council” substitute “local authority”;

(b) the words “or water development board”, in both places where they occur, shall cease to have effect; and

(c) for “regional, islands or district council” substitute “local authority”.

(50) In section 104(1) (appeal against decision of sheriff on any application under the Act), after “Act” insert “(other than an application under section 23(1A))”.

(51) In section 106(4) (recording of awards in arbitration etc.), for “the said Acts” substitute “this Act”.

(52) In section 107 (repeal, amendment and adaptation of local enactments)—

(a) in subsection (1)(b), the words “or a water development board” and “or board”; and

(b) in subsection (5), the words “or a water development board”,

shall cease to have effect.

(53) In section 109 (interpretation)—

(a) in subsection (1)—

(i) the definitions of “the 1992 Act”, “apportionment scheme”, “apportionment note”, “Central Board”, “constituent water authority”, “contributing authority”, “council water charge”, “net annual value” and “part residential subjects” shall cease to have effect;

(ii) after the definition of “agricultural lands and heritages” insert—

““area”, in relation to a water authority, shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”;

(iii) for the definition of “limits of supply” substitute—

““limits of supply”, in relation to a water authority, means the area of the water authority (as construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994);”;

(iv) in the definition of “owner”, the words “, save in sections 64 to 67,” shall cease to have effect;

(v) 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;”; and

(vi) at the end add—

““wholesome” and cognate expressions shall be construed subject to the provisions of any regulations made under section 76J”; and

(b) in subsection (3), the words “and water development board” shall cease to have effect.

(54) In Schedule 1 (procedure for making orders and making and confirming bylaws)—

(a) in paragraph 2—

(i) in sub-paragraph (i), for “regional council, district council and water development board” substitute “and local authority”; and

(ii) in sub-paragraph (ii), for the words from “where the river” to the end substitute “on the river purification authority within whose area the stream affected is situated”.

(b) in paragraph 3, the words “and the area of the water development board” shall cease to have effect;

(c) in paragraph 11—

(i) for “regional council, district council and water development board” substitute “and local authority”; and

(ii) the words “where the river purification authority are not the same authority as the water authority” shall cease to have effect;

(d) in paragraph 12, the words “and the area of the board” shall cease to have effect;

(e) in paragraph 13, the words “not exceeding 10 pence” shall cease to have effect;

(f) in paragraph 14, the words “or board” shall cease to have effect;

(g) in paragraph 17, the words “or board” and “or boards” shall cease to have effect;

(h) in paragraph 19—

(i) the words “or water development board”, in both places where they occur and “or area” shall cease to have effect;

(ii) for “regional council, district council and water development board” substitute “and local authority”; and

(iii) for the words from “and any” to “and to” substitute “any navigation authority exercising jurisdiction in relation to any watercourse from which water is proposed to be taken under the rights to be acquired, the river purification authority within whose area the stream is situated and any”;

(i) in paragraph 20, the words “or water development board” shall cease to have effect;

(j) in paragraph 23, the words “or board” and “or boards” shall cease to have effect;

(k) in each of paragraphs 24, 26 and 27, the words “or water development board” shall cease to have effect;

(l) in paragraph 25(b), for “council of every region or district” substitute “local authority for any area”;

(m) in paragraph 30, the words “or water development board” and “or board” shall cease to have effect; and

(n) in paragraph 31—

(i) for “the proper” substitute “a duly authorised”; and

(ii) the words “or board”, in both places where they occur, shall cease to have effect.

(55) In Schedule 2 (orders authorising compulsory acquisition of land), in each of paragraphs 4 and 6, the words “or water development board” wherever they occur shall cease to have effect.

(56) In Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes)—

(a) in paragraph 1, the words “and water development board”, “within their limits of supply or area” and from “and outside” to “removing mains” where they secondly occur, shall cease to have effect;

(b) in paragraph 2(2), the words “or board”, in both places where they occur, shall cease to have effect;

(c) in paragraph 4(1), the words “within their limits of supply” and “within the said limits” shall cease to have effect;

(d) in paragraph 5—

(i) the words “within the limits of supply” shall cease to have effect; and

(ii) for the words “the authority”, where they first occur, substitute “any water authority”; and

(e) paragraph 8 shall cease to have effect.

(57) In Schedule 4 (provisions to be incorporated in orders relating to water undertakings)—

(a) in section 24(2)—

(i) for “regional islands or district council or roads” substitute “local”; and

(ii) at the end add “or, in relation to roads for which the Secretary of State is roads authority, between the Secretary of State and the undertakers”;

(b) in section 40, for “24” substitute “48”; and

(c) in section 46, for “clerk of the local authority of every district” substitute “local authority for every area”.

(58) Schedules 7 (procedure for making certain orders) and 8 (further provisions as regards water development boards) shall cease to have effect.

The Local Government, Planning and Land Act 1980 (c. 65)

120 (1) The Local Government, Planning and Land Act 1980 shall be amended in accordance with this paragraph.

(2) In section 2(1) (duty of authorities to publish information)—

(a) in paragraph (g), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;

(b) in paragraph (h)—

(i) for “committee” substitute “board”; and

(ii) after “that Act” insert “or section 147 of the [1973 c. 65.] Local Government (Scotland) Act 1973”; and

(c) in paragraph (k)—

(i) for “committee” substitute “board”; and

(ii) for “or 21A” substitute “, 20 or 21B”.

(3) In section 8(1) (meaning of “functional work”), in paragraph (b)(iv), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(4) In section 20(1) (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”.

(5) In section 120(3) (compulsory acquisition: exclusion of special parliamentary procedure), in the definition of “local authority”, in paragraph (c), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(6) In section 148 (planning control)—

(a) in subsection (1), for the words from “regional” to “areas” substitute “planning authority within whose area”; and

(b) in subsection (2), the words “exercising district planning functions” shall cease to have effect.

(7) In section 165(9)(b) (power to transfer undertaking), for “a regional council and a district council” substitute “any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 other than the councils for Orkney Islands, Shetland Islands and Western Isles”.

The Public Passenger Vehicles Act 1981 (c. 14)

121 (1) The Public Passenger Vehicles Act 1981 shall be amended in accordance with this paragraph.

(2) In section 5(3) (publication of information by traffic commissioners), in paragraph (b), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(3) In section 14A(4)(b) (objections to application for PSV operator’s licence), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(4) In section 82(1) (interpretation), 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”.

(5) In Schedule 1 (public service vehicles: conditions affecting status or classification), in paragraph 2(2)(b), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Animal Health Act 1981 (c. 22)

122 In section 50(3) of the Animal Health Act 1981 (local authorities for purposes of Act), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Finance Act 1981 (c. 35)

123 In section 107(3)(b) of the Finance Act 1981 (sale of houses at discount by local authorities etc.), for “regional, district or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Zoo Licensing Act 1981 (c. 37)

124 In section 1(3)(b) of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), for “islands councils and district councils” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Wildlife and Countryside Act 1981 (c. 69)

125 (1) The Wildlife and Countryside Act 1981 shall be amended in accordance with this paragraph.

(2) In section 27(1) (interpretation of Part I), 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”.

(3) In section 36(7) (marine nature reserves), in the definition of “local authority”, in paragraph (b), for “regional council, an islands council or a district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Civil Aviation Act 1982 (c. 16)

126 (1) The Civil Aviation Act 1982 shall be amended in accordance with this paragraph.

(2) In section 30 (provision of aerodromes and facilities at aerodromes by local authorities)—

(a) in subsection (1)—

(i) the words “, other than a district council in Scotland,”; and

(ii) the words from “and a” to “above”,

shall cease to have effect; and

(b) in subsection (2), the words “, other than a district council in Scotland,” shall cease to have effect.

(3) In section 36(4)(b) (meaning of “relevant authority” for purposes of section), for “islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(4) In section 88(10) (application and interpretation of section), the words “, other than a district council in Scotland,” shall cease to have effect.

(5) In section 105(1) (general interpretation), 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”.

The Stock Transfer Act 1982 (c. 41)

127 In Schedule 1 to the Stock Transfer Act 1982 (specified securities), in paragraph 7(2), for head (b) substitute—

“(b) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Local Government and Planning (Scotland) Act 1982 (c. 43)

128 (1) The Local Government and Planning (Scotland) Act 1982 shall be amended in accordance with this paragraph.

(2) For section 9 (re-allocation of responsibility for certain local authority functions relating to the countryside) substitute—

“9 Part II of Schedule 1 to continue to have effect

Part II of Schedule 1 to this Act (amendment of certain enactments relating to the countryside) shall continue to have effect.”.

(3) In section 14 (islands or district council’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)—

(a) in subsection (1), for “an islands or district council” substitute “a local authority”;

(b) in subsection (2), the words “regional or islands council as” shall cease to have effect; and

(c) after that subsection add—

“(3) In subsection (2) above, “water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.”.

(4) In section 15(2) (local authority’s powers in relation to provision of recreational, sporting etc. facilities), for “An islands or district council” substitute “A local authority”.

(5) In section 16 (provisions supplementary to section 15)—

(a) in subsection (1)—

(i) for “an islands or district council” substitute “a local authority”;

(ii) for paragraph (b) substitute—

“(b) maintain a body for the promotion of a recreational, sporting, cultural or social activity;”; and

(iii) in each of paragraphs (c), (g)(ii) and (k)(ii), for “council”, wherever it occurs, substitute “authority”; and

(b) in subsection (2)—

(i) for “an islands or district council” substitute “a local authority”; and

(ii) in paragraph (a), for “council” substitute “authority”.

(6) For section 17 (power of regional council to contribute towards provision of recreational etc. facilities) substitute—

“17 Power of local authority to contribute towards provision of cultural activities and facilities

(1) A local authority may contribute by way of grant or loan towards the expenses of any organisation or body which, in the opinion of the authority, provides or promotes the provision of cultural activities or facilities whether inside or outside the area of the local authority concerned.

(2) Without prejudice to the generality of subsection (1) above, the power conferred by that subsection includes power to make such contribution as will support or promote music, theatre, dance, opera, visual art or other art forms and museums and galleries.”.