The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009

Savings

3.  Despite the repeal of the 1897 Act by Part 1 of schedule 3 to the 2008 Act—

(a)section 72(1) of the 1897 Act continues to have effect for the purposes of section 313(1) of the Housing (Scotland) Act 1987(2) (byelaws with respect to houses in multiple occupation);

(b)section 166(3) of the 1897 Act continues to have effect for the purposes of section 34(3)(b) of the Mines and Quarries (Tips) Act 1969(4) (protection of local authorities);

(c)the definition of “owner” in section 3(1) of the 1897 Act continues to have effect for the purposes of section 18(1) of the Compensation (Defence) Act 1939(5) (application of Act to Scotland); and

(d)Parts II and V of the 1897 Act continue to have effect for the purposes of section 159(1)(b) of the Local Government, Planning and Land Act 1980(6).

(1)

1897 c.38; section 72 was extended by section 169(1) of the Housing Act 1966 (c.49) and sections 313 and 335 of the Housing (Scotland) Act 1987 (c.26).

(3)

1897 c.38; section 166 was amended by the Schedule to the Law Reform (Limitation of Actions etc.) Act 1954 (c.36).

(4)

1969 c.10; section 34 was amended by paragraphs 3(a) and (b) of schedule 6 to the Building (Scotland) Act 2003 (asp 8).

(5)

1939 c.75; section 18(1) was amended by the Consumer Credit Act 1974 (c.39), s192(3)(b), Schedule 5 Pt. 1.

(6)

1980 c.65; section 159(1)(b).