Office of Public Sector Information
SCHEDULE 13 continued
(3) In section 4 (designation and reports of head of paid service)—
(a) in subsection (5), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and
(b) in subsection (6)(b), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In section 5(5) (reports of monitoring officer etc.), the words “, or Schedule 10 or 20 to,” shall cease to have effect.
(5) In section 8(5)(b) (local authorities to adopt standing orders with respect to staff), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(6) In section 9 (assistants for political groups)—
(a) in subsection (8)(b), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and
(b) in subsection (11), in the definition of “relevant authority”, in paragraph (b), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(7) In section 14 (voting rights of members of certain committees: Scotland)—
(a) subsections (2) and (3) shall cease to have effect;
(b) in subsection (4), for the words “subsections (1) to (3)” substitute “subsection (1)”;
(c) in subsection (5)(d), after “paragraph 3” insert “, or a joint advisory committee formed under paragraph 5B”;
(d) for subsection (6) substitute—
“(6) Nothing in this section shall prevent the appointment as a voting member of—
(a) a committee such as is mentioned in subsection (1) of section 124 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (committees appointed by education authority); or
(b) a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
(c) any sub-committee of such a committee or joint committee,
of a person such as is mentioned in subsection (4) of the said section 124.”;
(e) in subsection (8), after paragraph (a) insert—
“(aa) section 124(5);”; and
(f) in subsection (9), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(8) In section 21(2) (interpretation of Part I), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(9) In section 31(8) (National Code of Local Government Conduct), 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”.
(10) In section 151(4) (power to amend provisions about charges), for paragraphs (b) and (c) substitute— “or
(b) it is a charge amounting to local taxation.”.
(11) In section 152(3) (application of certain provisions as respects Scotland)—
(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) for paragraphs (e) and (f) substitute— “and
(e) a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.”.
(12) In section 155(5) (emergency financial assistance to local authorities)—
(a) for paragraphs (a), (b) and (c) substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(b) the letter “(d)” shall cease to have effect.
(13) In section 157(6) (commutation of, and interest on, periodic payments of grants etc. to local authorities), for “regional, islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(14) In section 170(9) (authorities empowered to provide services etc. for owners or occupiers of houses as respects certain works), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
162 (1) The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph.
(2) In section 8(1) (visiting committees), for “regional, island and district councils” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 14 (legalised police cells)—
(a) in subsection (2)—
(i) for “any region or islands area” substitute “the area of a council”; and
(ii) the words “region or islands”, where they secondly occur, shall cease to have effect;
(b) in subsection (5), for “any region or islands area” substitute “the area of a council”;
(c) in subsection (6), for “islands area of Orkney or of Shetland” substitute “areas of the councils for Orkney Islands and Shetland Islands”;
(d) in subsection (7)—
(i) for “the council of a region or islands area” substitute “a council”; and
(ii) for “committee” substitute “board”; and
(e) after subsection (8) insert—
“(9) In this section, “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
(4) In section 16 (discharge of prisoners)—
(a) in subsection (2), the words “district or islands”, in both places where they occur, shall cease to have effect; and
(b) after subsection (2) insert—
“(3) In this section, “area” means the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
163 (1) The Food Safety Act 1990 shall be amended in accordance with this paragraph.
(2) In section 5(2) (food authorities in Scotland), for “islands or district councils” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 27(1) (appointment of public analysts), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In section 28(1) (provision of facilities for examinations), for “regional council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
164 (1) The Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with this paragraph.
(2) In section 21 (areas of operation of Highlands and Islands Enterprise)—
(a) in subsection (1)—
(i) for paragraph (a) substitute—
“(a) the local government areas of Highland, Western Isles, Orkney Islands, Shetland Islands and that part of Argyll and Bute which is the area of the former Argyll and Bute District Council and the islands of Arran, Great Cumbrae and Little Cumbrae;”and
(ii) in paragraph (b), for “Moray District” substitute “local government area of Moray,”; and
(b) after subsection (4) insert—
“(5) In this section references to local government areas are references to the new local government areas within the meaning of Part I of the Local Government etc. (Scotland) Act 1994.”.
(3) In section 36(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”.
165 (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be amended in accordance with this paragraph.
(2) In section 62(6) (local authorities for purposes of supervised attendance orders), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In Schedule 6 (supervised attendance orders), in paragraph 2(3)(b), for “director of social work” substitute “chief social work officer”.
166 In Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), 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”.
167 (1) The Environmental Protection Act 1990 shall be amended in accordance with this paragraph.
(2) In section 4(11)(c) (meaning of “local authority” in Scotland for purposes of Part I), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 30 (authorities for purposes of Part II), in each of subsections (1)(g), (2)(g) and (3)(c), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In section 36 (procedures to be carried out where proposal to issue waste management licence)—
(a) in subsection (6), the words “(other than an islands council)” shall cease to have effect;
(b) in subsection (6)(a)—
(i) after “(i)” insert “where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles”;
(ii) after sub-paragraph (ii) insert “and”; and
(iii) sub-paragraph (iii) shall cease to have effect;
(c) in subsection (6)(b)—
(i) after “purification authority” insert “or”; and
(ii) the words “or the general planning authority” shall cease to have effect;
(d) in subsection (10)—
(i) after “conservancy body” insert “or”;
(ii) the words “or general planning authority” shall cease to have effect;
(iii) after “the body” insert “or”; and
(iv) the words “or the general planning authority” shall cease to have effect.
(5) In section 39(8) (procedures to be carried out where proposal to accept surrender of licence)—
(a) the words “(not being an islands council)” shall cease to have effect;
(b) for paragraph (a) substitute—
“(a) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, refer the proposal to the river purification authority whose area includes any of the relevant land;”; and
(c) in paragraph (b), the words “or the general planning authority” shall cease to have effect.
(6) In section 45(10) (application to Scotland of certain sections of the 1968 Act for purposes connected with the collection of controlled waste), for paragraphs (a) and (b) substitute—
“(a) the said section 2 conferred a power on a waste collection authority rather than a duty on a sewerage authority;
(b) in the said section 3—
(i) references to a sewerage authority were references to a waste collection authority; and
(ii) in references to public sewers and public sewage works the word “public” were omitted;
(c) in the said section 4, the reference to a sewerage authority were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and
(d) in the said section 41, the reference to a sewerage authority were a reference to a waste collection authority,”.
(7) In section 50(5)(a) (bodies to be consulted where waste disposal plan being prepared), sub-paragraph (iv) shall cease to have effect.
(8) In section 53 (duties of authorities as respects disposal of waste collected: Scotland)—
(a) in subsection (4)—
(i) the words “(other than an islands council)” shall cease to have effect; and
(ii) in paragraphs (a) and (b), for “regional council”, wherever it occurs, substitute “sewerage authority”;
(b) in subsection (5)—
(i) for “regional council”, in both places where it occurs, substitute “sewerage authority”; and
(ii) for “council”, where it thirdly occurs, substitute “sewerage authority”; and
(c) after subsection (5) insert—
“(5A) In this section “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.”
(9) In section 54 (special provisions for land occupied by disposal authorities: Scotland)—
(a) in subsection (4)—
(i) in paragraph (b), for sub-paragraphs (i) to (iv) substitute—
“(i) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, to the river purification authority whose area includes any of the land in question;
(ii) to the Health and Safety Executive; and
(iii) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, in the case of a proposal to operate mobile plant, to the river purification authority whose area includes the area of the waste disposal authority;”
(ii) in paragraph (c)—
(a) after “purification authority” insert “or”; and
(b) the words “or the general planning authority” shall cease to have effect; and
(b) in subsection (5)—
(i) for the words from “above” to “(d)” substitute “(d)”; and
(ii) for the words “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”.
(10) In section 86 (preliminary provisions relating to litter)—
(a) in subsection (3), for paragraphs (a) and (b) substitute—
“(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(b) in subsection (10)—
(i) for “its” substitute “their”; and
(ii) for the words from “the district” to the end substitute “the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(11) In section 88(9) (“litter authorities” for purposes of section)—
(a) in paragraph (a), the words “, a regional council”; and
(b) in paragraph (b), the words “, regional council”,
shall cease to have effect.
(12) In section 90(3) (power to designate litter control areas), the words “, regional council” shall cease to have effect.
(13) In section 92(1) (summary proceedings by litter authorities), the words “, regional council” shall cease to have effect.
(14) In section 93(1) (street litter control notices), the words “, regional council” shall cease to have effect.
(15) In section 95(1) (public registers), the words “, regional council” shall cease to have effect.
(16) In section 99(5)(e) (local authority in Scotland having powers in relation to abandoned trolleys), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(17) In section 149(11) (seizure of stray dogs: 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”.
168 (1) The New Roads and Street Works Act 1991 shall be amended in accordance with this paragraph.
(2) In section 108(6)(a) (relevant authorities in relation to road works including the breaking up or opening in the road of a sewer), for “the local authority, that local” substitute “a sewerage authority, that”.
(3) In each of sections 109(6)(a) (notice before granting permission to execute certain road works), 117(3)(a) (notice restricting certain road works) and 149(4)(a) (responsible authority as respects reinstatement of sewers, drains or tunnels) and of paragraphs 7(3)(b) and 9 of Schedule 6 (roads with special engineering difficulties), for “local” substitute “sewerage”.
(4) In section 148 (particular and general provisions as respects sewers)—
(a) in each of subsections (1) and (4), for “local” substitute “sewerage”; and
(b) for subsection (3) substitute—
“(3) References in this Part to an undertaker having apparatus shall, where the apparatus is a sewer, drain or tunnel, be construed—
(a) in the case of apparatus vested in a sewerage authority, as references to that authority; and
(b) in any other case, as references to the authority, body or person having the management or control of the apparatus.”.
(5) In section 153 (power of road works authority to undertake road works)—
(a) in subsection (1), the words—
(i) “or district council”; and
(ii) “or council”,
shall cease to have effect; and
(b) in subsection (3), the words “or council” shall cease to have effect.
(6) In section 164(1) (interpretation), after the definition of “reinstatement” insert—
““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”.
169 In section 6(1) of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in Scotland), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
170 (1) The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with this paragraph.
(2) In section 20 (making of drought orders), for subsection (3) substitute—
“(3) A drought order may only be made on the application of a water authority.”.
(3) In section 22(1) (interpretation), in the definition of “compensation water”, the words “or water development board” shall cease to have effect.
(4) In section 24 (rights of entry and inspection)—
(a) in subsection (1)—
(i) for “, a water authority or a water development board” substitute “or a water authority”; and
(ii) in paragraph (a), the words “or board” shall cease to have effect; and
(b) in subsection (9)—
(i) for “, water authority or water development board” substitute “or water authority”; and
(ii) in paragraph (a), the words “or board” shall cease to have effect.
(5) In Schedule 7 (further provisions regarding drought orders)—
(a) in paragraph 5—
(i) in sub-paragraph (1), the words “or a water development board” and (in head (a)) “or board”;
(ii) in sub-paragraph (2), the words “or water development board”; and
(iii) in sub-paragraph (3), the words “or water development board” and “or board”,
shall cease to have effect;
(b) in paragraph 6, the words from “, including” to the end shall cease to have effect; and
(c) in paragraph 7, the words “or a water development board” shall cease to have effect.
(6) In Schedule 8 (procedure for making drought orders), in paragraph 1(3), in the second column of the Table—
(a) for “regional, islands or district council”, wherever it occurs, substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(b) in paragraph (a) of the entry relating to “All Orders”, the words “or water development board (not being the applicant)” shall cease to have effect.
171 In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London), in paragraphs 1(1)(d) and 2(1)(c), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
172 In section 47(6)(b) of the Coal Mining Subsidence Act 1991 (notices to local authorities), for “district or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
173 In Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), in paragraph 1, in subsection (1A) in sub-paragraph (1), in sub-paragraph (2)(b) and in sub-paragraph (3)(a), and in paragraphs 3(3)(b) and 6(8), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
174 (1) The Social Security Contributions and Benefits Act 1992 shall be amended in accordance with this paragraph.
(2) In section 28(6)(d) (“local education authority” in Scotland), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 58(4) (incapacity for work: work as councillor to be disregarded), in the definition of “councillor”, in paragraph (b), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In sections 123(4) and 130(2) for the words “levying authority” substitute “local authority in Scotland”.
(5) In section 137(1) (interpretation), the definition of “levying authority” shall cease to have effect.
175 (1) The Social Security Administration Act 1992 shall be amended in accordance with this paragraph.
(2) In section 15A(3) (“qualifying lenders” for purposes of section)—
(a) in paragraph (d), the words “, islands council” shall cease to have effect; and
(b) after paragraph (e) insert—
“(ee) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) For the words “levying authority” or “levying authorities” where they appear in sections 76(1), 77(1), 128(1), (2), and (3), 138(1), 139(2), (5) and (6) and 140(1), (2), (4) and (7), substitute “local authority in Scotland” or “local authorities in Scotland” respectively.
(4) In section 138(2) (nature of benefits in Scotland), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(5) In section 191 (interpretation)—
(a) the definition of “levying authority” shall cease to have effect;
(b) in the definition of “local authority”, for the words “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”; and
(c) in the definition of “rating authority”, for the words from “the meaning” to “1973” substitute “shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994”.
176 (1) The Local Government Finance Act 1992 shall be amended in accordance with this paragraph.
(2) In section 70 (council tax in respect of dwellings), for subsection (1)(a) substitute—
“(a) shall be known as the council tax of the council which set it;”.
(3) In section 78 (basic amounts payable)—
(a) for “levying” substitute “local”; and
(b) for the definition of “A” substitute—
““A” is the amount which, for the financial year in which the day falls and for dwellings in the valuation band listed for the dwelling, has been imposed by the local authority in whose area the dwelling is situated;”.
(4) In section 80 (reduced amounts)—
(a) in subsections (1)(a) and (8)(c), for “levying” substitute “local”; and
(b) for subsection (5)(c)(i) substitute—
“(i) relating to the local authority whose council tax constitutes the amount referred to in subsection (1) above;”.
(5) In section 81 (appeal to valuation appeal committee), in subsections (1)(a) and (b) and (5), for “levying” substitute “local”.
(6) In section 84 (compilation and maintenance of valuation lists), for subsection (10) substitute—
“(10) In this Part “local assessor” means the assessor appointed under section 27 (appointment of assessors) of the Local Government etc. (Scotland) Act 1994 for each valuation area; and any depute assessor appointed under that section shall have all the functions of a local assessor under this Part.”.
(7) In section 90 (information about properties), in subsection (8) for “levying” substitute “local”.
(8) In section 91 (information about lists), in subsections (2) and (3) for “levying” substitute “local”.
(9) In section 94 (substituted and reduced settings) in subsection (8), for “levying” substitute “local”.
Local Government etc (Scotland) Act 1994