Local Government (Scotland) Act 1973 (c. 65)

SCHEDULES

Schedule 28 S Amendments of Burgh Police (Scotland) Acts 1892 to 1911

Modifications etc. (not altering text)

C1 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S The M1 Burgh Police (Scotland) Act 1892

Marginal Citations

M1 1892 c. 55.

1 In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “islands or district council”.

• Section 4(27)

• Section 99

• Sections 104 to 112

• Section 114

• Section 116

• Section 120

• Sections 122 and 123

• Section 125

• Section 127

• Sections 144 and 145

• Section 155

• Section 175

• Sections 243 and 244

• Sections 254 to 256

• Sections 273 and 274

• Section 277

• Section 285

• Section 288

• Sections 301 to 303

• Section 306

• Section 308 and 309

• Sections 311 to 314

• Section 381(1) and (29)

• Sections 386 and 387

• Section 392.

2 In the provisions set out in the following table, for the word “magistrate” or “magistrates”, in each place where either of them occurs, there shall be substituted the words “islands or district council”.

• Section 126

• Sections 247 and 248

• Section 250

• Sections 270 to 272

• Section 275

• Section 300

• Section 304

• Section 383

• Sections 395 to 397

• Sections 399 and 400

• Section 433

• Section 449

• In Schedule V, paragraphs (2), (3), (6), (9) and (23).

3 In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “local highway authority”.

• Section 4(28)

• Section 129

• Section 131 . . . F1

• Sections 134 and 135

• Section 137

• Section 139

• Sections 140 to 142

• Sections 149 to 152

• Sections 156 to 160

• Sections 162 to 164

• Section 190

• Section 228

Textual Amendments

F1 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

4 In sections 210 to 213, and 233, 416 and 417, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional or islands council”.

5 In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional, islands or district council, as the case may be”.

• Section 165

• Sections 325 to 332

• Section 334

• Section 339

• Section 341

• Section 365

• Sections 367 to 369

• Section 372

• Section 374

6 In section 4, the following amendments shall be made—

(a) subsections (8) and (9) shall cease to have effect;

(b) after subsection (13) there shall be inserted the following subsection—

“(13A) “local highway authority” shall mean the regional or islands council:”,

(c) after subsection (28) there shall be inserted the following subsection—

“(28A) “proper officer” and any reference to a specified officer which is, under the Local Government (Scotland) Act 1973, to be construed as such, shall have the same meaning as in section 235(3) of the said Act of 1973:”.

7 Section 15 shall cease to have effect.

8 In section 20, for the word “commissioners”, where it second occurs, there shall be substituted the words “appropriate authority”.

9 In section 27(2), for the words “town council” there shall be substituted the words “appropriate authority”.

10 Section 42 shall cease to have effect.

11 In section 55, for the word “commissioners” there shall be substituted the words “appropriate authority”.

12 Sections 100 and 101 shall cease to have effect.

13 In section 105, for the words “their inspector of lighting, or any other officer or servant” there shall be substituted the words “the proper officer”, and for the words “inspector of lighting, or any other officer or servant” there shall be substituted the words “proper officer”.

14 In section 115, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

15 In section 117, for the words “sanitary inspector”, in both places where they occur, there shall be substituted the words “proper officer of the islands or district council”.

16 In section 118, for the words from “burgh surveyor” to “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “surveyor, medical officer or inspectors”, in both places where they occur, there shall be substituted the words “proper officer”.

17 In section 119, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

18 In section 120, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

19 In section 121, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “the inspector”, where they second occur, there shall be substituted the words “such officer”.

20 In section 123, for the words from “the chief” to “sanitary inspector”, where they first occur, there shall be substituted the words “their proper officer”, and for the words from “inspector of cleansing”, where they second occur, to “authorised by” there shall be substituted the words “proper officer of”.

21 In section 126, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the word “magistrate” there shall be substituted the words “such council”.

22 In section 128, the words from “of the Roads” to “1891, and” shall cease to have effect, and for the words “town council” in both places where they occur, there shall be substituted the words “local highway authority”.

23 In section 133, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

24 In section 134, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

25 In section 138, for the word “council”, in both places where it occurs, there shall be substituted the words “local highway authority”.

26 In section 145, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

27 In section 150, the words “the Dean of Guild Court or” shall cease to have effect.

28 In section 151, for the word “treasurer” there shall be substituted the words “local highway authority”.

29 In section 154, the following amendments shall be made—

(a) for the word “commissioners”, where it first occurs, there shall be substituted the words “local highway authority”,

(b) for the words “and they may also” there shall be substituted the words “and the islands or district council may”,

(c) for the word “commissioners”, where it occurs second and third, there shall be substituted the words “islands or district council”, and

(d) for the word “commissioners”, where it last occurs, there shall be substituted the words “local highway authority and the islands and district council”.

30 In section 168, for the word “council” there shall be substituted the words “islands or district council”.

31 In section 186, for the word “commissioners”, in both places where it occurs, there shall be substituted the words “the local highway authority, or, where appropriate, the islands or district council”.

32 Section 201 shall cease to have effect.

33 Section 207 shall cease to have effect.

34 In section 210, the words “of the clerk” shall cease to have effect.

35 Section 223 shall cease to have effect.

36 In section 248, for the words “burgh surveyor” there shall be substituted the words “proper officer of the islands or district council”.

37 In section 250, the words “any of” and “or any one of them” shall cease to have effect.

38 Section 257 shall cease to have effect.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

39

Textual Amendments

F2 Sch. 28 Pt. I para. 39 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. XI

40 Sections 296 and 297 shall cease to have effect.

41 in section 305, for the words “commissioners or magistrates” there shall be substituted the words “islands or district council”.

42 In section 306, after the words “two thirds”, in both places where they occur, there shall be inserted the words “of the members”.

43 In section 307, for the word “commissioners”, where it first and second occurs, there shall be substituted the words “islands or district council”, and for the words “the commissioners”, where they last occur, there shall be substituted the words “any authority”.

44 Section 310 shall cease to have effect.

45 In section 312, for the word “officers” there shall be substituted the words “proper officer”.

46 In section 316, for the word “commissioners”, where it first occurs, there shall be substituted the words “islands or district council”, and in head A, in subsection (8) for the word “burgh” where it second occurs, there shall be substituted the word “district” and for the words from “magistrates” to “burgh”, where it last occurs, there shall be substituted the words “council of that district”.

47 In section 325, after the word “their”, in both places where it occurs, there shall be inserted the word “proper”.

48 In section 330, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

49 In section 339, the words “the clerk to” shall cease to have effect, and for the word “him” there shall be substituted the word “them”.

50 In section 341, the words from “and the commissioners” to “within the burgh” shall cease to have effect.

51 In section 365, for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”.

52 In section 367, for the words “collector in any burgh” there shall be substituted the words “proper officer of a regional, islands or district council”.

53 In section 369, after the words “any two” there shall be inserted the words “of the members”.

54 In section 372, for the words “the general expenses of the town council.” there shall be substituted the words “their general expenses”.

55 In section 381, in subsection (10), for the words “commissioners or other lawful authority” there shall be substituted the words “appropriate authority”, and in subsections (29) and (49), for the word “commissioners” there shall be substituted the words “to appropriate authority”.

56 In section 385, for the word “magistrates” there shall be substituted the words “local highway authority”, and for paragraph (4) there shall be substituted the words “and the islands or district council may from time to time make byelaws and issue notices and orders prohibiting or regulating public processions.”.

57 Section 411 shall cease to have effect.

58 Section 428 shall cease to have effect.

59 Section 432 shall cease to have effect.

60 In Schedule V, in paragraph (2)(d), after the words “one of” there shall be inserted the words “the members of”.