SCHEDULES..
SIXTH SCHEDULEAdaptations and Modifications of this Act in its Application to Scotland.
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The sections and schedules specified in the first column of the following table shall be adapted and modified in manner specified in the second column of that table :—
Section. | Adaptations and Modifications. | |||||||||
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S. 2 | For the section the following section shall be substituted :—
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S. 3 | Subsection (7) shall be omitted. | |||||||||
S. 5 | In subsection (1) there shall be omitted, paragraph (a), the words " or (b), " the words " in the case of a local authority " and the words " council or " wherever they occur; in subsection (2) the words " county council or " shall be omitted and for the words " subsections (2) to (7) " there shall be substituted the words " subsections (2) to (6). " | |||||||||
S. 7 | In subsection (1) for the words from " serve in the prescribed manner" to the end of the subsection there shall be substituted the words " serve in the " prescribed manner a like notice on the owner " (according to the valuation roll) of every land " and heritage to which the resolution applies. | |||||||||
" In this subsection the expression ' the valuation " roll' means the valuation roll for the year " current at the time when the notice is given, or, " if the notice is given after the fifteenth day of " May and before the first day of October in " any year, the valuation roll for the preceding " year"; in subsection (2) for paragraph (c) there shall be substituted the following paragraph:—
and subsection (3) shall be omitted. | ||||||||||
S. 11 | At the end of subsection (2) there shall be added the words " or (c) in the case of a scheme which " applies to land within a small burgh, specify " the town council of the burgh as the responsible " authority for all or certain purposes of the " scheme as respects such land or part thereof. " | |||||||||
S. 12 | In paragraph (d) of subsection (1) for the word " tenements " there shall be substituted the word " tenancies. " | |||||||||
S. 13 | In subsection (4) for the words " by written notice served on the clerk of the court and the authority " there shall be substituted the words " by giving notice of appeal, " and the words " for the petty sessional division or place within which the property " to which the notice relates is situated " shall be omitted; and in subsection (5) for the words " court by whom an order is made under this " subsection may, if they think fit, direct that the " order" there shall be substituted the words " sheriff may, if he thinks fit, direct that an order " made by him under this subsection." | |||||||||
At the end of subsection (5) there shall be added the words " The sheriff shall make such order in regard " to the expenses of an appeal under subsection (4) " of this section as he may think proper." | ||||||||||
S. 17 | In subsection (1) for the words " the council of any " county borough or county district " there shall be substituted the words " the local authority of any " district," the words "or, as respects a building in " such a county district, the council of the county " comprising that district " shall be omitted, and for the words " of that council " there shall be substituted the words " of the local authority " ; and in subsections (3) and (5) for the word " council " wherever it occurs there shall be substituted the words " local authority. " | |||||||||
S. 18 | For the word " council " there shall be substituted the words " local authority. " | |||||||||
S. 21 | In subsection (5) for the words " real or personal " there shall be substituted the words " heritable or " moveable "; in the proviso to subsection (8) for the words " where a disposition is by way of lease " or tenancy agreement " there shall be substituted the words " a claim made on the granting " of a lease or tack which is " and the words "the claim" shall be omitted; and for subsection (11) there shall be substituted the following subsection:— " (11) In this section the " expression ' disposition ' means a disposition by " way of feu or sale (including a sale in consideration of a ground annual or other similar " periodical payment) or the grant of a lease or " tack for a period of not less than three years, " and references to the person who gives a notice " under subsection (1) of this section shall, where " the property to which the notice relates has, " since the notice was given, been the subject of " transmission otherwise than by disposition, be " construed as references to the person to whom " the property was last so transmitted before the " date on which a disposition takes effect or a " change of use takes place." | |||||||||
S. 25 | In subsection (1) for the words " for the purposes of those Acts " there shall be substituted the words " having power to acquire land for the purposes of " that Act" and for the words " repairable by the inhabitants at large" there shall be substituted the words " maintainable at the public expense. " | |||||||||
S. 26 | For the words " the common council of the city of " London or the council of any county, county " borough or county district," there shall be substituted the words " the town council of any burgh or any county council. " | |||||||||
S. 27 | In subsection (1) for the words " declaring the street " to be a highway repairable by the inhabitants at " large " there shall be substituted the words " taking over the road or street as a highway " maintainable at the public expense"; and in subsection (2) the words " and providing proper means of lighting therefor " shall be omitted. | |||||||||
S. 29 | The section shall be omitted. | |||||||||
S. 30 | For the section there shall be substituted the following section:—
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S. 32 | For the words from " in such manner " to the end of the section there shall be substituted the words " either in the repayment of debt or for any other " purpose for which capital money may be properly " applied." | |||||||||
S. 34 | In subsection (1) for the words from " and shall have power " to the end of the subsection there shall be substituted the words
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S. 35 | In subsection (7) for the words " includes a county council " there shall be substituted the words " means the town council of any burgh or any " county council. " | |||||||||
S. 36 | In subsection (2) the words from " or in the case of ' to the end of the subsection shall be omitted, and in subsection (4) for the words from " the Minister may by order " to the end of the subsection there shall be substituted the words " the " Department may, if they think fit, themselves " act in the place and at the expense of the authority or may, with the approval of the Lord " Advocate, apply by summary petition to either " division of the Court of Session or during vacation " or recess to the Lord Ordinary on the Bills for " an order on the authority to do all things neces-" sary for remedying their default and for carrying " into execution the scheme: and such division " or Lord Ordinary are hereby authorised and " directed to do in such petition and to dispose " of the expenses of the proceedings as to the said " division or Lord Ordinary shall appear to be " just. " | |||||||||
Subsection (8) shall be omitted. | ||||||||||
S. 38 | Subsection (3) shall be omitted. | |||||||||
S. 39 | For the section there shall be substituted the following section:—
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S. 40 | For subsection (4) there shall be substituted the following subsection:—
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S. 41 | In the proviso to subsection (1) for the words from " any Government department " to the end of the subsection there shall be substituted the words " any other Government department are concerned " with the functions of the undertakers, consult " with that department and shall, if the under" takers whose consent is sought so desire, afford " them an opportunity of appearing before and " being heard by one or more persons appointed " for the purpose by the Department and the " other Government department concerned acting " jointly." | |||||||||
S. 47 | In subsection (2) for the words " by written notice served on the clerk of the court and the authority " there shall be substituted the words " by giving notice of appeal, " and the words " for the petty " sessional division or place comprising the land " on which the advertisement or hoarding is " displayed or set up " shall be omitted; and in subsections (3) and (4) for the word " court, " wherever it occurs, there shall be substituted the word " sheriff. " | |||||||||
S. 48 | In subsection (1) the words "or of relinquishing in " favour of the council of the county any of their " powers and duties under this Act" shall be omitted; and in subsection (2) the word " local " shall be substituted for the word " appointing " wherever it occurs. | |||||||||
S. 49 | For the section the following section shall be substituted :—
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S. 50 | For the section the following section shall be substituted:—
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S. 51 | In subsection (1) the word " relinquishment " shall be omitted, and in subsection (2) the word " relinquished " and the word " relinquishment " wherever it occurs shall be omitted. | |||||||||
For subsection (3) the following subsection shall be substituted:—
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S. 53 | For the definition of " owner " there shall be substituted the following definition :—
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After the definition of " development " there shall be inserted the following definitions :—
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The definitions of " district " and " road " shall be omitted. | ||||||||||
S. 54 | Paragraph (e) of the proviso to subsection (1) shall be omitted. | |||||||||
S. 55 | For the section the following section shall be substituted—
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S. 56 | The section shall be omitted. | |||||||||
S. 58 | For the section there shall be substituted the following section:—
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Sch. I. | For sub-paragraphs (2)' (a), (b), and (d) of paragraph 2 of Part I. there shall be substituted respectively the following paragraphs :—
and sub-paragraph (2) (c) shall be omitted. | |||||||||
In paragraph 2 of Part II., and in paragraph 2 of Part III., after the words " for the purpose, " there shall be inserted the words " by summary petition. " | ||||||||||
Sch. II. | In paragraph 1 for the word " churchways " there shall be substituted the words " kirk roads, " in paragraph 11 for the word " easements," there shall be substituted the word " servitudes " in paragraph 16 for the words " real or personal " theref shall bej substituted the words " heritable or moveable, " and the words from " and for the exemption" to the end of the paragraph shall be omitted, and in paragraph 18 for the words " recovery thereof in a court of summary jurisdiction " there shall be substituted the words " recovery thereof by summary proceedings before the sheriff. " | |||||||||
Sch. III. | In paragraph 1 of Part I. for the words " sections ninety-two and one hundred and " twenty-seven to one hundred and thirty-two of " the Lands Clauses Consolidation Act, 1845" and the words " sections seventy-seven to eighty" five of the Railways Clauses Consolidation Act, " 1845 " there shall be substituted respectively the words " sections ninety and one hundred and " twenty to one hundred and twenty-five of the " Lands Clauses Consolidation (Scotland) Act, " 1845", and the words " sections seventy to " seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845 " ; in paragraph 3 of the said Part I. the word " and" shall be inserted at the end of sub-paragraph (ii) and sub-paragraph (iv) (together with the word " and " preceding it) shall be omitted. | |||||||||
In the proviso to paragraph 2 of Part II. for the words " any Government department," to the end of the paragraph, there shall be substituted the words " any other Government department " are concerned with the functions of the under" takers, consult with that department and shall, " if the undertakers so desire, afford them an " opportunity of appearing before and being " heard by one or more persons appointed for the " purpose by the Department and the other " Government department concerned acting " jointly." | ||||||||||
In paragraph 3 of Part II. for the words " section one hundred and twenty-eight of the " Lands Clauses Consolidation Act, 1845," there shall be substituted the words " section one hundred and twenty-one of the Lands Clauses " Consolidation (Scotland) Act, 1845." | ||||||||||
For sub-paragraph (iv) of paragraph 4 of Part II there shall be substituted the following sub-paragraph :—
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Sch. IV. | For sub-paragraphs (ii) and (iii) of paragraph 5 there shall be substituted the following sub-paragraphs:—
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Sch. V. | For the Schedule there shall be substituted the following Schedule:—
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