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Scottish Statutory Instruments
4th March 2003
The Scottish Ministers, in exercise of the powers conferred by section 62(2) of the Local Government in Scotland Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:
1.—(1) This Order may be cited as the Local Government in Scotland Act 2003 (Commencement No.1) Order 2003.
(2) In this Order “the Act” means the Local Government in Scotland Act 2003.
2.—(1) The provisions of the Act specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule) shall come into force on 1st April 2003 but, where a particular purpose is specified in relation to any provision in column 3 of the Schedule, that provision shall come into force on that day only for that purpose.
(2) Section 60(1)(g) (repeal of section 31 of the Local Government and Housing Act 1989) of the Act shall come into force on 1st May 2003.
PETER J PEACOCK
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
4th March 2003
|Column 1||Column 2||Column 3|
|Provisions of the Act||Subject Matter||Purpose|
|Sections 1 and 2||Duty to secure best value|
|Sections 3 to 5||Enforcement|
|Section 6||Other provisions about best value|
|Section 7||Local authority contracts: relaxation of exclusion of non-commercial considerations|
|Section 8(1), (2)(a)(i) to (iv), (2)(b), (2)(c)(i),(iii) and (iv), (2)(d)(ii), (2)(e) and (3)||Relaxation of restrictions on supply of goods and services etc. by local authorities|
|Section 8(2)(a)(v)||Relaxation of restrictions on supply of goods and services etc. by local authorities||Only for the purpose of repealing the words which follow paragraph (d)|
|Section 8(2)(d)(i)||Relaxation of restrictions on supply of goods and services etc. by local authorities||Only for the purpose of repealing the definition of “public body”|
|Section 10||Trading operations and accounts|
|Sections 12 to 14||Accounts, finance and performance accountability|
|Sections 15 to 19 (Part 2)||Community planning|
|Sections 20 to 22 (Part 3)||Power to advance well-being|
|Sections 23 to 27 (Part 4)||Enforcement and scrutiny|
|Sections 28 to 33 (Part 5)||Rating and council tax|
|Section 34||Waste management|
|Section 35(1)||Capital expenditure limits|
|Section 37||Capital grants|
|Section 38||Scottish Ministers power to pay off loans made to local authorities|
|Section 39||Provisions supplementary to sections 35 to 38|
|Section 41||Establishment of local authority funds other than general fund: setting of council tax|
|Section 42(3)||Paid time off for councillors not to be a political donation|
|Section 43||Remote participation in and calling of local authority meetings|
|Section 44||Travel concessions|
|Section 45||Power to charge for vacant places on school buses etc.|
|Section 46||Power to provide funds for speed cameras etc.|
|Section 48||Delegation of Strathclyde Passenger Transport Authority functions to officials|
|Section 49||Parliamentary procedure for regulations about vehicles used as taxis and private hire cars|
|Section 51||Arrangements and agreements with bodies corporate|
|Section 52||Guidance on contractual matters|
|Section 53||Qualification of and assistance for Accounts Commission auditors|
|Section 54||Accounts Commission’s and auditor’s powers to obtain information from persons other than local authorities etc.|
|Section 55||Auditor’s duty in relation to aspects of best value and community planning|
|Section 56||Extension of Controller of Audit’s reporting functions to best value and community planning: amendment of section 102 of 1973 Act|
|Section 57||Power to modify enactments|
|Section 58||Ancillary provision|
|Section 59||Equal opportunities|
|Section 60, except sub-section (1)(b) and (g)||Repeals and consequential amendments|
(This note is not part of the Order)
This Order appoints various days for the coming into force of provisions of the Local Government in Scotland Act 2003 (“the Act”).
Article 2(1) provides that the provisions of the Act specified in column 1 of the Schedule shall come into force on 1st April 2003, subject to any restriction of purpose in column 3 of the Schedule.
Article 2(2) provides that section 60(1)(g) of the Act shall come into force on 1st May 2003.
The Act received Royal Assent on 11 February 2003. Sections 42(1), 42(2), 50 and 62 came into force on Royal Assent.
The provisions of the Act remaining to be commenced after the making of this Order are sections 8(2)(c)(ii), 9, 11, 35(2) to (4), 36, 40, 47 and 60(1)(b). Section 8(2)(a)(v) and (2)(d)(i) remains to be commenced for all purposes.
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