Local Government etc. (Scotland) Act 1994 (c. 39)

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(3) In section 43(1) (registration areas for purposes of Part V), for “districts and islands areas” substitute “areas of local authorities”.

(4) In section 62(1) (registration areas for purposes of Part VII), for “districts and islands areas” substitute “areas of local authorities”.

(5) In section 63(4) (bodies for purposes of subsection (3)(b)), for paragraph (a) substitute—

“(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;

(aa) a water authority or sewerage authority;”.

(6) In section 115(1) (interpretation)—

(a) in the definition of “local authority”, for “an islands council or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;

(b) after the definition of “rent assessment committee” insert—

““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and

““water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.”.

The Cinemas Act 1985 (c. 13)

138 In section 21(1) of the Cinemas Act 1985 (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”.

The Child Abduction and Custody Act 1985 (c. 60)

139 In section 27(3)(b) of the Child Abduction and Custody Act 1985 (interpretation), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Water (Fluoridation) Act 1985 (c. 63)

140 (1) The Water (Fluoridation) Act 1985 shall be amended in accordance with this paragraph.

(2) In section 1 (fluoridation of water supplies at request of health authority)—

(a) in subsection (6), after “conferred by” insert “subsections (1) to (5) of”; and

(b) in subsection (7), for “water undertaker in exercise of the power conferred by section 87 of the [1991 c. 56.] Water Industry Act 1991” substitute “water undertaker (within the meaning of the Water Industry Act 1991) in exercise of the power conferred by section 87 of that Act; and where a water undertaker (within that meaning) is operating a fluoridation scheme by virtue of Schedule 7 to that Act, subsection (6) shall apply in relation to the scheme as that subsection applies, by virtue of the foregoing provisions of this subsection, to fluoridation in exercise of the power so conferred.”.

(3) Section 3 (continuity of existing fluoridation schemes) shall cease to have effect.

(4) In section 4 (publicity and consultation)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “to make or withdraw an application”;

(b) in subsection (2), for paragraph (b), substitute—

“(b) give notice of the proposal to—

(i) the Customers Council; and

(ii) every local authority whose area falls wholly or partly within the area affected by the proposal.”;

(c) in subsection (3), for “local authorities (if any) to whom they are required by subsection (2)(b)” substitute “bodies to whom they are required by subsection (2)(b)(i) and (ii)”; and

(d) in subsection (6), the words “or to terminate a preserved scheme” and in subsection (7) the words “or terminate a preserved scheme” shall cease to have effect.

(5) In section 5 (interpretation)—

(a) for the definition of “appropriate authority” substitute—

““Customers Council” means the Scottish Water and Sewerage Customers Council;”;

(b) for the definition of “local authority” (and the word “and” immediately following that definition) substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”; and

““statutory water undertaker” means a water authority; and

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

The Transport Act 1985 (c. 67)

141 In section 93 of the Transport Act 1985 (travel concession schemes)—

(a) in subsection (8)(b)—

(i) after “also” insert “—

(i)”; and

(ii) after “authority” insert “; and

(ii) in relation to Scotland, Strathclyde Passenger Transport Authority”; and

(b) in subsection (9)—

(i) in paragraph (a), after “paragraph (b)” insert “or (c)”; and

(ii) in paragraph (b), after “jointly” insert “; or

(c) where the authority or one of the authorities concerned in establishing the scheme are Strathclyde Passenger Transport Authority, to Strathclyde Passenger Transport Executive or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly.”.

The Housing Act 1985 (c. 68)

142 (1) The Housing Act 1985 shall be amended in accordance with this paragraph.

(2) In section 76(3) (application of Part III of Act to Scotland)—

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

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

(3) In Schedule 4 (qualifying period for right to buy and discount)—

(a) in paragraph 7(2), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b) in paragraph 7A(1)(b), for “an islands or district council” substitute “a local housing authority”.

The Housing Associations Act 1985 (c. 69)

143 (1) The Housing Associations Act 1985 shall be amended in accordance with this paragraph.

(2) In section 59(1) and (2) (powers of local authorities to promote and assist housing associations: Scotland), the words “or regional council”, wherever they occur, shall cease to have effect.

(3) In section 104 (local housing authorities)—

(a) in subsection (1)(b), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b) in subsection (2)(b), for the words from “islands” to “be” substitute “area of a council mentioned in subsection (1)(b) above”.

(4) In section 106(2) (minor definitions), in the definition of “local authority”, for “an islands council or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Weights and Measures Act 1985 (c. 72)

144 In section 69(3) of the Weights and Measures Act 1985 (local weights and measures authorities: Scotland), for the words from “each” to “council” substitute “the area of each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the council for that area”.

The Local Government Act 1986 (c. 10)

145 In section 6(2)(b) of the Local Government Act 1986 (interpretation and application of Part II), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Civil Protection in Peacetime Act 1986 (c. 22)

146 In section 1(1) of the Civil Protection in Peacetime Act 1986 (application of Act)—

(a) after “that Act” insert “including, by virtue of section 4A of that Act, any two or more local authorities jointly and a joint board and joint committee”; and

(b) after “authority”, where it thirdly occurs, insert “or, as the case may be, the local authorities, joint board or joint committee”.

The Airports Act 1986 (c. 31)

147 In section 12(1) of the Airports Act 1986 (interpretation of Part II), in the definition of —

(a) “local authority”, in paragraph (b), for the words from “has” to “1973” substitute “means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b) “principal council”, in paragraph (b), for “regional or islands council” substitute “local authority”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

148 (1) The Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended in accordance with this paragraph.

(2) In section 2(9) (rights of authorised representatives of disabled persons: definitions), 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 16 (interpretation), in the definition of “local authority”, in paragraph (b)—

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

(b) the words “, as read with section 2,” shall cease to have effect; and

The Gas Act 1986 (c. 44)

149 In Schedule 7 to the Gas Act 1986 (minor and consequential amendments), in paragraph 5(5), 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”.

The Parliamentary Constituencies Act 1986 (c. 56)

150 In section 6(4)(b) of the Parliamentary Constituencies Act 1986 (definitions for purposes of section 6(2)), for the words from “the” to “district” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Debtors (Scotland) Act 1987 (c. 18)

151 (1) The Debtors (Scotland) Act 1987 shall be amended in accordance with this paragraph.

(2) In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (ii) (and before the word “or” immediately following that sub-paragraph), insert—

“(iia) a collecting authority (within the meaning of section 79 of the Local Government etc. (Scotland) Act 1994) in respect of any charges payable to them by virtue of that section;”.

(3) In section 106 (interpretation), for the definition of “summary warrant” substitute—

““summary warrant” means a summary warrant granted under or, as the case may be, by virtue of—

(a) paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

(b) paragraph 2 of Schedule 8 to the [1992 c. 14.] Local Government Finance Act 1992;

(d) any of the enactments mentioned in Schedule 4 to this Act;”.

(4) In paragraph 35 of Schedule 5 (interpretation), in the definition of “creditor”, after paragraph (e) add— “; and

(f) for the purposes of paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994, the collecting authority (within the meaning of section 79 of that Act).”.

The Housing (Scotland) Act 1987 (c. 26)

152 (1) The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph.

(2) In section 61 (secure tenant’s right to purchase)—

(a) in subsection (2)(a), for sub-paragraphs (i) and (ii) substitute—

“(i) a local authority, or a joint board or joint committee of two or more local authorities, or the common good of a local authority or any trust under the control of a local authority; or

(iia) a water authority or sewerage authority;”;

(b) in subsection (11)(a)—

(i) for “a regional, islands or district council” substitute “any local authority”;

(ii) the words “council or”, where they first occur, shall cease to have effect; and

(iii) for “council”, where it thirdly and fourthly occurs, substitute “authority”; and

(3) In section 64(6) (conditions of sale: houses in designated rural areas), for “islands or district council”, in both places where it occurs, substitute “local authority”.

(4) In section 70 (power to refuse to sell certain houses required for educational purposes)—

(a) in subsection (1), for “an islands” substitute “a”; and

(b) after subsection (2) insert—

“(3) In this section “council” means the local authority for Orkney Islands, Shetland Islands or Western Isles.”.

(5) In section 212(4) (authorities empowered to give rent increase notices)—

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

(b) in paragraph (e), the words “or a water development board” shall cease to have effect.

(6) In section 300(1)(a) (meaning of “public sector authority”), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(7) In section 338(1) (interpretation)—

(a) 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 the district of a local authority means the area of such a council;”;

(b) after the definition of “a service charge” insert—

““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and

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

(8) In Part I of Schedule 3 (grounds on which court may order recovery of possession), in paragraph 15(a), for “an islands council” substitute “the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles”.

The Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

153 In section 41 of the Fire Safety and Safety of Places of Sport Act 1987 (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”.

The Access to Personal Files Act 1987 (c. 37)

154 In Schedule 2 to the Access to Personal Files Act 1987 (accessible personal information: Scotland)—

(a) in paragraph 1, in the table, in the entry relating to “Social work authority”, for “section 2(2)” substitute “section 5(1B)”; and

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

The Income and Corporation Taxes Act 1988 (c. 1)

155 In section 842A(3) of the Income and Corporation Taxes Act 1988 (local authorities)—

(a) for paragraphs (a), (b) and (c) substitute—

“(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b) in paragraph (e), for the words from “falling” to the end substitute “such as is mentioned in paragraph (a) above”.

The Local Government Act 1988 (c. 9)

156 (1) The Local Government Act 1988 shall be amended in accordance with this paragraph.

(2) In section 1 (interpretation)—

(a) in subsection (1)—

(i) after paragraph (h) insert “and”; and

(ii) paragraph (k) and the word “and” immediately preceding it shall cease to have effect; and

(b) in subsection (3)(a) for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(3) In section 2 (defined activities), after subsection (9) insert—

“(10) Without prejudice to his powers to make orders or regulations under any other provision of this Part of this Act, the Secretary of State may by order provide that, from 31st March 1995 or such later date as may be specified in the order until such date as may be so specified, being a date not later than 31st December 2001, the provisions of this Part of this Act shall apply in relation to local authorities subject to such modifications as may be so specified.”.

(4) In section 15 (orders, regulations etc.), in each of subsections (2) and (5), after “section 2(9)” insert “or 2(10)”.

(5) In section 24(6) (interpretation of Part III of Act), in the definition of—

(a) “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”; and

(b) “local housing authority”, in paragraph (b), for “an islands or district council” substitute “a local authority”.

(6) In Schedule 2 (public supply or works contracts: the public authorities)—

(a) after the entry relating to the Peak Park Joint Planning Board insert—

“The Strathclyde Passenger Transport Authority.”; and

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

The Housing (Scotland) Act 1988 (c. 43)

157 (1) The Housing (Scotland) Act 1988 shall be amended in accordance with this paragraph.

(2) In section 43(3)(a) (certain tenancies secure where interest of landlord belongs to local authority etc.), for sub-paragraphs (i) and (ii) substitute—

“(i) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

(ia) a water authority or sewerage authority;”.

(3) In section 45(4) (transfer of existing tenancies: public bodies), for paragraphs (a) and (b) substitute—

“(a) it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

(aa) it belongs to a water authority or sewerage authority;”.

(4) In section 55(1) (interpretation of Part II of the Act)—

(a) after the definition of “prescribed” insert—

““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”;

(b) the word “and”, where it occurs immediately after the definition of “tenancy”, shall cease to have effect; and

“water authority” shall be construed in accordance with the said section 62.”.

(5) In section 56 (right conferred by Part III)—

(a) in subsection (3), for paragraph (a) substitute—

(b) in subsection (5)(c), for “islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;

(c) in subsection (6)(a), for “an islands council” substitute “the council for Orkney Islands, Shetland Islands or Western Isles”; and

(d) in subsection (9)(a), for “islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(6) In section 57(1) (persons by whom right may be exercised)—

(a) the word “neither” shall cease to have effect;

(b) the words from “nor” to “council”, where it thirdly occurs, shall cease to have effect; and

(7) In Schedule 4 (tenancies which cannot be assured tenancies), in paragraph 11—

(a) for sub-paragraph (a) substitute—

(aa) a water authority or sewerage authority;”; and

(b) for the word “and”, where it occurs immediately after sub-paragraph (e), substitute “or”.

The School Boards (Scotland) Act 1988 (c. 47)

158 (1) The School Boards (Scotland) Act 1988 shall be amended in accordance with this paragraph.

(2) In section 5 (persons entitled to attend Board meetings, etc.)—

(a) in subsection (1), for the words from “The Director” to “purpose” substitute the words “An officer of an education authority”; and

(b) in subsection (2), for the words from “The regional” to “division” substitute the words “The councillor for the electoral ward”.

(3) In subsection (2) of section 22 (interpretation)—

(a) after the definition of “co-opted members” insert—

““councillor” means a councillor elected under section 5 of the Local Government etc. (Scotland) Act 1994”;

(b) for the definition of “electoral division” substitute—

““electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994”; and

(4) In Schedule 2 (application of 1973 Act to appointment committees)—

(a) in paragraph 5 the words “Schedule 10 to” and “and Schedule 10 to” shall cease to have effect;

(b) in paragraph 14(a) for the words “Director of Education” substitute the words “education authority”; and

(c) in paragraph 15 for the words from “The Director” to “purpose”substitute the words “An officer of the education authority”.

The Road Traffic Act 1988 (c. 52)

159 (1) The Road Traffic Act 1988 shall be amended in accordance with this paragraph.

(2) In section 27(7)(b) (local authorities who may designate roads, etc.), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(3) In section 33(5)(b) (local authorities who may authorise certain motor vehicle trials), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(4) In section 39(4)(b) (powers of local authorities as to giving road safety information etc.), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(5) In section 45(3)(c) (inspectors appointed by designated councils to carry out vehicle tests), for “the council of a region or islands area” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(6) In section 67B(2) (tests to check whether defects have been remedied), for “a region or islands area” substitute “the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(7) In section 124(2) (exemption of police instructors from prohibition imposed by section 123), in the definition of “local authority”, in paragraph (b), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(8) In section 144(2)(a)(ii) (local authority exempt from requirement for third-party insurance or security), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(9) In Schedule 2 (deferred tests of condition of vehicles), in paragraph 1(b), for “an islands area or district” substitute “the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Electricity Act 1989 (c. 29)

160 (1) Schedule 5 to the Electricity Act 1989 (water rights for hydro-electric generating stations in Scotland) shall be amended in accordance with this paragraph.

(2) In paragraph 8(a)—

(a) after “authority;” insert “and”;

(b) for “regional and district councils or the islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(3) In paragraph 9, the words “and the water development board” shall cease to have effect.

(4) In paragraph 14, the words “, or the area of any water development board,” shall cease to have effect.

The Local Government and Housing Act 1989 (c. 42)

161 (1) The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph.

(2) In section 2(6) (politically restricted posts)—

(a) in paragraph (a), the words “or director of education” and the words from “or section” to “1980” shall cease to have effect; and

(b) in paragraph (c), for “director of social work” substitute “chief social work officer”.