Local Government (Miscellaneous Provisions) (Scotland) Act 1981

SCHEDULES

Section 24.

SCHEDULE 1 Powers of Commissioner for Local Administration in Scotland

In the [1975 c. 30.] 1975 Act—

(a) in section 21(4)(a) (submission of general report by Commissioner) after the word " body " there shall be inserted the words " and arrange for the publication of such report; ";

(b) section 22(2) of the 1975 Act (designated body to arrange for publication of Commissioner's report) shall cease to have effect;

(c) in section 28—

(i) in subsection (4) (availability of reports on investigations by Commissioner) for the words from "for inspection" to the end there shall be substituted the words— “—

(a) without charge, for inspection and the taking of copies thereof or extracts therefrom ; and

(b) at a reasonable charge, for purchase,

by any person at all reasonable hours at one or more of the authority's offices.”;

(ii) in subsection (5) (advertising availability of report) for the words " one week " there shall be substituted the words " two weeks " ; the words " for inspection " shall cease to have effect; and after the word " date ", in the second place where it occurs, there shall be inserted the words " not more than one week ";

(iii) in subsection (6) (obstructing availability of report) the words " for inspection " shall cease to have effect; and after the word " inspect " there shall be inserted the words " or purchase ";

(d) in section 29—

(i) in subsection (2) (further report by Commissioner) for the words " any such notification " there shall be substituted the words " notification under subsection (1) above or (2A) below "; and

(ii) after subsection (2) there shall be inserted the following subsection—

“(2A) It shall be the duty of the authority concerned to consider a report made under subsection (2) above, and to notify the Commissioner of the action which the authority have taken, or propose to take.”; and

(e) in section 30(1)(a) (absolute privilege in certain communications) after the word " member " there shall be inserted the words " or officer ".

Section 25.

SCHEDULE 2 Relaxation of Controls over Local and Other Authorities

The Burial Grounds (Scotland) Act 1855 (c. 68)

1 In section 24 (fixing of payments for interments in burial ground) the words ", subject to the approval of the sheriff of the county," and the words from " ; and a table " to the end shall cease to have effect.

The Public Health (Scotland) Act 1897 (c. 38)

2 In section 36 (complaints of nuisance arising from offensive trade) the words " and, if required by the Board shall," shall cease to have effect.

The Cremation Act 1902 (c. 8)

3 In section 9 (fees for cremation) the words " any such " and the words " as may be authorised by any table approved by the Local Government Board," shall cease to have effect.

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c. 48)

4 In each of sections 1(1)(iii) (restrictions on sale of methylated spirits) and 2(1) (lists of persons entitled to sell such spirits), for the words " in the prescribed form " there shall be substituted the words " (in such form as may be prescribed by the local authority) ".

5 In section 6 (interpretation) the definition of the expression " prescribed " shall cease to have effect.

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)

6 For sub-paragraph (4) of paragraph 19 of Schedule 1 (control of confirming Minister over use of procedure for serving documents where name or address of person to be served unknown) there shall be substituted the following sub-paragraph—

“(4) Where the maker of the order in connection with which the document is to be served is satisfied, after reasonable inquiry, that it is not practicable to ascertain (either or both)—

(a) the name;

(b) the address,

of a person to be served, the document shall be taken to be duly served if, being addressed to that person either by name or by the description of " the owner ", " the lessee " or " the occupier " of the land (describing it) to which the order relates, as the case may be, and being plainly identifiable as a document of importance, it is delivered to some person on the land, or, if there is no such person thereon to whom it may be delivered, it (or a copy of it) is affixed to some conspicuous part of the land.”.

The Highways (Provision of Cattle-Grids) Act 1950 (c. 24)

7 Section 11 (regulations as to construction of cattle-grids) shall cease to have effect.

The Food and Drugs (Scotland) Act 1956 (c. 30)

8 Section 35(2) (transmission to Secretary of State of public analysts' quarterly reports) shall cease to have effect.

The Town and Country Planning (Scotland) Act 1959 (c. 70)

9 After subsection (2) of section 24 (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities) there shall be inserted the following subsection—

“(2A) Before exercising any power of appropriation in relation to land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—

(a) shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed appropriation; and

(b) shall consider any objections to that appropriation which may be made to them.”.

10 After subsection (2) of section 27 (requirement of consent of Secretary of State etc. to certain disposals of land by local and other authorities) there shall be inserted the following subsection—

“(2A) Before disposing of any land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—

(a) shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed disposal; and

(b) shall consider any objections to that disposal which may be made to them.”.

The Housing (Scotland) Act 1966 (c. 49)

11 In each of sections 127(3) (interest on certain local authority expenditure) and 130(10) (interest on expenditure recoverable from dispossessed proprietor), for the words " the rate for the time being fixed for the purposes of section 25(1) of the [1969 c. 34.] Housing (Scotland) Act 1969 " there shall be substituted the words " such reasonable rate as the local authority may determine. ".

The Police (Scotland) Act 1967 (c. 77)

12 In section 2(2) (pay, allowances and reimbursement of expenses) the words ", being expenses of a kind approved either generally or in particular cases by the Secretary of State" shall cease to have effect.

13 Section 46(2) (restriction on aggregate amount of rewards) shall cease to have effect.

The Social Work (Scotland) Act 1968 (c. 49)

14 Subsections (3) and (4) of section 3 (Secretary of State's involvement in appointment of any director of social work) shall cease to have effect.

The Housing (Scotland) Act 1969 (c. 34)

15 For subsection (3) of section 25 (interest payable by local authority) there shall be substituted the following subsection—

“(3) Any interest payable under subsection (1) or subsection (2) of this section shall be at such reasonable rate as the local authority may determine.”.

The Town and Country Planning (Scotland) Act 1972 (c. 52)

16 In section 4—

(a) in subsection (2) (planning authority's fresh survey of their district), the words " and shall, if directed to do so by the Secretary of State, " ;

(b) in subsection (3)(e) (certain matters to be kept under review by planning authority), the words " or as the Secretary of State may in a particular case direct" ; and

(c) in subsection (5) (construction), the words ", and for the Secretary of State to direct them to institute,",

shall cease to have effect.

17 In section 5—

(a) in subsection (2) (estimate of certain changes to be included in report of planning authority's survey of their district), for the words from " during" to the end there shall be substituted the words " , during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act. ";

(b) in subsection (3)(c) (content of structure plan), the words " or as the Secretary of State may in any particular case direct" shall cease to have effect;

(c) in subsection (4) (planning authority to have regard to certain matters in formulating policy etc. in structure plan), paragraph (c) shall cease to have effect; and

(d) in subsection (6) (explanation and illustration of structure plan), the words ", or as may in any particular case be specified in directions given by the Secretary of State" shall cease to have effect.

18 In section 9—

(a) in subsection (3)(b) (requirement as regards local plan) the words " or as the Secretary of State may in any particular case direct " shall cease to have effect;

(b) in subsection (5) (explanation and illustration of local plan), the words " , or as may in any particular case be specified in directions given by the Secretary of State " shall cease to have effect;

(c) in subsection (8) (time for Secretary of State to give any directions as regards local plan)—

(i) for the words " either before or after " there shall be substituted the words " only before "; and

(ii) the words "; but no such directions shall require a planning authority to take any steps to comply therewith until the structure plan has been approved by him " shall cease to have effect; and

(d) in subsection (9) (planning authority to have regard to certain matters in formulating proposals in local plan), the words ", or which the Secretary of State may in any particular case direct them to take into account" shall cease to have effect.

19 In section 10—

(a) in subsection (2) (places where local plan may be inspected), for the words " as may be prescribed " there shall be substituted the words " as appear to them to be appropriate "; and

(b) subsections (4) and (5) (power of Secretary of State to direct planning authority not to take steps to adopt local plan) shall cease to have effect.

20 In section 13(2) (power of Secretary of State to require proposals for alteration, repeal or replacement of local plan)—

(a) after the word " if " there shall be inserted the word " before ";

(b) after the word " State " there shall be inserted the words " approves the structure plan for their district he "; and

(c) after the words " of the " there shall be inserted the word " local ".

21 Section 48 (appeal to independent tribunal as regards decision relating to design or external appearance of building etc.) shall cease to have effect.

22 (1) In section 58 (planning authority may make tree preservation order)—

(a) in subsection (4) for the words from " Except" to " expedient " there shall be substituted the following words—

“Subject to section 59 of this Act, a tree preservation order shall not take effect until it is confirmed by the planning authority; and the planning authority may confirm any such order either without modification or subject to such modification as they consider expedient”; and

(b) in subsection (5), in paragraph (a) for the words " submitted to the Secretary of State for confirmation " there shall be substituted the words " confirmed by the planning authority " ; in paragraph (b) for the words " Secretary of State " there shall be substituted the words " planning authority " ; and paragraph (c), and the words " the Secretary of State or " in paragraph (d), shall cease to have effect.

(2) Sub-paragraph (1) above and, in so far as relating to section 58(5); Schedule 4 to this Act have no effect as regards a tree preservation order made before the coming into force of this paragraph.

23 (1) In section 59—

(a) in paragraph (b) of subsection (2) (date until which provisional tree preservation order has effect) the words from " or " to the end of the paragraph ; and

(b) paragraph (b) of subsection (3) (regulations to be made as regards tree preservation orders),

shall cease to have effect.

(2) Sub-paragraph (1) above and, in so far as relating to the provisions mentioned in that sub-paragraph, Schedule 4 to this Act have no effect as regards a tree preservation order made before the coming into force of this paragraph.

24 In section 91—

(a) subsection (1) (Secretary of State may direct that application for established use certificate be referred to him);

(b) in subsection (3) (power of Secretary of State to deal with application or appeal to him as regards established use certificate), the words " an application referred to him under subsection (1) of this section or on ";

(c) in subsection (4) (opportunity to appear at hearing in respect of such application or appeal), the words " application or ", " applicant or " and " (as the case may be)" ; and

(d) in subsection (5) (power of Secretary of State to grant applicant or appellant as regards established use certificate planning permission in respect of such use), the words " applicant or ",

shall cease to have effect.

25 After section 198 (Secretary of State may authorise stopping up or diversion of highway if satisfied it is necessary to do so to enable development to be carried out) there shall be inserted the following section—

“198A Highways affected by development: orders by planning authorities.

(1) Subject to section 206 of this Act and to subsection (5) below, a planning authority may by order authorise the stopping up or diversion of any highway which is not—

(a) a trunk road within the meaning of section 50 of the [1970 c. 20.] Roads (Scotland) Act 1970 ; or

(b) a special road provided by the Secretary of State in pursuance of a scheme under section 1 of the [1949 c. 32.] Special Roads Act 1949,

if they are satisfied as mentioned in section 198(1) of this Act.

(2) An order under this section—

(a) may make such provision as appears to the planning authority to be necessary or expedient for the provision or improvement of any other highway (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) and may direct that any highway so provided or improved shall be maintained and managed by the highway authority;

(b) may contain such incidental and consequential provisions as appear to the planning authority to be necessary or expedient, including in particular—

(i) provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in sub-paragraphs (i) and (ii) of paragraph (a) of subsection (3) of section 198 of this Act;

(ii) such provision as is mentioned in paragraph (b) of that subsection.

(3) An order may be made under this section authorising the stopping up or diversion of any highway (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) which is temporarily stopped up or diverted under any other enactment.

(4) The provisions of this section shall have effect without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a highway.

(5) The planning authority shall not make an order under this section without consulting the highway authority (in a case where they are themselves not that authority).”.

26 In section 200 (Secretary of State may authorise the stopping up or diversion of highway crossing or entering route of proposed new highway)—

(a) in subsection (1), after the words " Secretary of State" where they occur for the second time there shall be inserted the words " or, subject to section 206 of this Act, the highway authority ";

(b) after the words " Secretary of State " where they occur for the third time there shall be inserted the words " , or as the case may be to them, "; and

(c) at the end there shall be added the following proviso—

“: Provided that a highway authority shall not, under this subsection, authorise the stopping up or diversion of—

(i) a trunk road such as is mentioned in paragraph (a) of subsection (1) of section 198A of this Act; or

(ii) a special road such as is mentioned in paragraph (b) of that subsection.”;

(d) in subsection (2), after the word " section " where it occurs for the second time there shall be inserted the words " by the Secretary of State "; and

(e) after subsection (2) there shall be added the following subsection—

“(3) Subsections (2) to (4) of section 198A of this Act shall apply to an order under this section by the highway authority as those subsections apply to an order, as respects a highway, under that section by a planning authority.”.

27 (1) In section 201 (power of Secretary of State to make order extinguishing right to use vehicles on a highway)—

(a) in subsection (2), for the words " The Secretary of State may, on an application made by a competent authority," there shall be substituted the words " Subject to section 206 of this Act and to subsection (9) of this section, the competent authority may ";

(b) in subsection (3), for the words " Secretary of State " there shall be substituted the words " competent authority ";

(c) in subsection (8)—

(i) for the words "Secretary of State may, on an application made by a competent authority," there shall be substituted the words " competent authority may, subject to section 206 of this Act and to subsection (9) of this section "; and

(ii) for the word " him " there shall be substituted the word " them ";

(d) in subsection (9), for the words from " before " to the end there shall be substituted the words “a competent authority shall not make an order under subsection (2) or (8) of this section—

(a) if they are not the authority exercising district planning functions, without consulting that authority ; and

(b) if they are not the highway authority, without obtaining the consent of that authority.”; and

(e) for subsection (10) there shall be substituted the following subsections—

“(10) An order under this section—

(a) may make such provision as appears to the competent authority to be necessary or expedient for the provision or improvement of any other highway (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of section 198A(1) of this Act), and may direct that any highway so provided or improved shall be maintained and managed by the highway authority;

(b) may contain such incidental and consequential provisions as appear to the competent authority to be necessary or expedient, including in particular—

(i) provision for authorising the competent authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in sub-paragraphs (i) and (ii) of paragraph (a) of subsection (3) of section 198 of this Act;

(ii) such provision as is mentioned in paragraph (b) of that subsection.

(11) The provisions of this section shall have effect without prejudice to—

(a) any power conferred on the competent authority by any other enactment to authorise the stopping up or diversion of a highway; or

(b) the provisions of section 203(1)(b) of this Act.”.

(2) Sub-paragraph (1) above has no effect as regards the operation of section 201 in relation to an extinguishment for which application was, before the coming into force of this paragraph, made to the Secretary of State, under subsection (2) of that section.

28 In section 203(1)(b) (power of local authority to extinguish a public right of way over land held for planning purposes if that right of way is a footpath or bridleway) the words ", being a footpath or bridleway," shall cease to have effect.

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

29 In subsection (6) of section 3 (titles of chairmen of councils), for the words from " the chairman", where they occur for the second time, to the end there shall be substituted the words " and the chairman of each other regional, islands or district council shall be known by such title as that council may decide. ".

30 (1) In section 23 (change of name of region, islands area or district)

(a) in subsection (1)—

(i) the words "Subject to subsection (4) below," shall cease to have effect; and

(ii) for the words " a majority of the whole number of the members of the council" there shall be substituted the words " not less than two-thirds of the members voting thereon "; and

(b) subsection (4) shall cease to have effect.

(2) Sub-paragraph (1) above and, in so far as relating to section 23, Schedule 4 to this Act have no effect as regards a case where consent to a change of name has, before the coming into force of this paragraph, been applied for, for the purposes of the said subsection (4).

31 (1) For subsections (2) to (4) of section 53 (amendment of community councils scheme) there shall be substituted the following subsections—

“(2) The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—

(a) the notified proposals; or

(b) those proposals as amended to take account of any such representations:

Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.

(3) A decision of the local authority—

(a) to review, under subsection (1) above ; or

(b) to amend, under subsection (2) above,

a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.”.

(2) Sub-paragraph (1) above and, in so far as relating to section 53, Schedule 4 to this Act have no effect as regards the operation of section 53 in relation to proposals which, before the coming into force of this paragraph, were submitted to the Secretary of State, under subsection (3) of that section.

32 Section 54 (default powers of Secretary of State as regards community councils scheme) shall cease to have effect.

33 In section 73 (local authority's power to appropriate for the purpose of any function land vested in them for the purpose of any other function)—

(a) in subsection (2), for the words from " (3)(a)" to " (3)(b) " there shall be substituted the word " (3) "; and

(b) in subsection (3), for the words from "—(a) " to " space, or " there shall be substituted the words " land which ".

34 Section 121 (involvement of Treasury in determining rates of interest in relation to certain sums due to local authorities) shall cease to have effect.

The Housing (Scotland) Act 1974 (c. 45)

35 In section 6(3) (interest payable on improvement grant) for the words from " a rate " to " authorities) " there shall be substituted the words " such reasonable rate as the local authority may determine ".

36 In paragraph 9(a) of Schedule 2 (meaning of " interest") for the words from " the rate " to " authorities) " there shall be substituted the words " such reasonable rate as the local authority may determine ".

The Slaughter of Animals (Scotland) Act 1980 (c. 13)

37 In section 8(1) (byelaws as to slaughterhouses) the words ", and if required by the Secretary of State shall," shall cease to have effect.

The Water (Scotland) Act 1980 (c. 45)

38 Section 2 (power to require surveys and formulation of proposals) shall cease to have effect.

39 Section 19 (transfer of part of water undertaking) shall cease to have effect.

40 In section 58(1) (termination of right to supply of water on special terms) the words ",with the approval of the Secretary of State," shall cease to have effect.

41 In section 65(10) (form of charging order for expenses of executing works) at the end there shall be added the words " by the islands or district council ".

42 In section 66(3) (interest payable on certain expenses)—

(a) after the word "such" where it first occurs there shall be inserted the words " reasonable rate "; and

(b) the proviso shall cease to have effect.

Section 40.

SCHEDULE 3 Minor and Consequential Amendments

The Local Government (Scotland) Act 1947 (c. 43)

1 In section 238(1) (fixing of dates for lodging and hearing appeals against rates), at the end there shall be added the following proviso—

“: Provided that, if and in so far as required by virtue of a determination under section 108A(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973, new such dates shall be so fixed.”.

The Town and Country Planning (Scotland) Act 1959 (c. 70)

2 In section 24(2) (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities), for the words from " following " to the end there shall be substituted the words " provision that land which is held for use as allotments shall not be appropriated except with the consent of the Secretary of State. ".

3 In section 27—

(a) in subsection (2) (requirement of consent of Secretary of State etc. to certain disposals of land by local and other authorities), for the words from "—(a)" to the end there shall be substituted the words " of land held for use as allotments, if it is a disposal which apart from this section could not be effected except with the consent of a Minister, shall not be effected except with the consent of the Secretary of State. "; and

(b) subsection (3) (provisions ancillary to subsection (2)) shall cease to have effect.

4 In the fourth Schedule (authorities to whom Part II of the Act applies), after paragraph 3 there shall be inserted the following paragraph—

“3A A water development board as defined in section 109 (1) of the [1980 c. 45.] Water (Scotland) Act 1980.”.

The Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12)

5 In section 20 (repayment of rates paid in error), after the word " Where " there shall be inserted the words " , notwithstanding section 2(2)(d) of the [1975 c. 30.] Local Government (Scotland) Act 1975 or any entry in a valuation roll which is no longer in force, ".

6 (1) In section 26(2) (interpretation), for the definition of " year " (and " year " followed by a reference to two calendar years) there shall be substituted the following definition—

• ‘" year " means the financial year of a local authority; and " year" followed by a reference to two calendar years means the financial year beginning in the first of those calendar years;’.

(2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from the coming into operation of section 18 of the Local Government (Scotland) Act 1975 (financial year of local authorities).

The Land Compensation (Scotland) Act 1963 (c. 51)

7 In paragraph 2 of Schedule 2 (compensation for houses acquired as being unfit for human habitation), at the end there shall be added the following sub-paragraph—

‘(7) In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and [1956 c. 60.] Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)—

(a) in sub-paragraph (2) above, for the word " gross " there shall be substituted the words " 1.25 times the net "; and

(b) in sub-paragraph (4) above, for the word " gross ", wherever it occurs, there shall be substituted the word " net ".’.

The Housing (Scotland) Act 1966 (c. 49)

8 In section 125 (periodical payments to dispossessed proprietor) at the end there shall be added the following subsection—

‘(6) In the application of this section to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)—

(a) in subsection (1) above, for the words " one half of the gross " there shall be substituted the words " 0.625 of the net "; and

(b) in each of subsections (4) and (5) above, for the word "gross", wherever it occurs, there shall be substituted the word " net ".’.

9 In section 127(3) (interest on certain local authority expenditure), for the words "the said section 25(1)" there shall be substituted the words " section 25(1) of the [1969 c. 34.] Housing (Scotland) Act 1969 ".

10 (1) In section 177(1) (local authority to have regard to amenities of locality), at the end there shall be added the words " artistic interest ".

(2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 3rd October 1980.

The Local Government (Scotland) Act 1966 (c. 51)

11 After section 5 there shall be inserted the following section—

“5A Redistribution and restoration of amounts by which rate support grant reduced.

(1) Subject to subsections (2) and (3) below, where an element of rate support grant payable to a local authority has been reduced under section 5 of this Act, the Secretary of State may—

(a) restore to the local authority some or all of the reduction if he considers that their subsequent conduct has been such as to merit such restoration ;

(b) in respect of the year to which the failure or the excessive and unreasonable expenditure or estimated expenses relates, determine by order that an amount not greater than the reduction shall be distributed—

(i) on such basis ; and

(ii) among such other local authorities,

as he thinks fit, by means of an increase in the needs element payable to each of those other authorities:

Provided that, in a case where an amount is restored under paragraph (a) above, an amount distributed under this paragraph shall not exceed the difference between the reduction and the amount so restored.

(2) An order under subsection (1) above shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

(3) After the Secretary of State has, under regulation 9(3) of the [S.I. 1975/653.] Rate Support Grant (Scotland) Regulations 1975, (or any regulation making like provision), made and given due notification of a conclusive calculation of amounts which include the amount reduced—

(a) no restoration relating to the reduction shall take place under paragraph (a) of subsection (1) above; and

(b) no order, under paragraph (b) of that subsection, so relating shall be made, amended or (until spent) revoked.”.

12 Part II of Schedule 4 (variation of fees for licences etc.), after paragraph 4 there shall be inserted the following paragraph—

“4A. Section 5(3) of the Pedlars Act 1871.

The Secretary of State.”.

The Post Office Act 1969 (c. 48)

13 In paragraph 93(1) (xxxiv) of Schedule 4 (Post Office deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of certain provisions of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972), after the words " 205,", there shall be inserted the words " 205A, ".

The Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

14 (1) In section 42(3)(bb) (requirements in certain rent agreements), after the words "increase in" there shall be inserted the words " the rent ".

(2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 1st December 1980.

The Town and Country Planning (Scotland) Act 1972 (c. 52)

15 In section 10(3) (statement as regards planning authority's consultations etc.), after the word " State " there shall be inserted the words " , or made available for inspection, ".

16 After section 205 (procedure by Secretary of State in anticipation of planning permission) there shall be added the following section—

“205A Further procedure in anticipation of planning permission, etc.

(1) Where—

(a) a planning authority would, if planning permission for any development had been granted under Part III of this Act, have power to make an order under section 198A of this Act authorising the stopping-up or diversion of a highway in order to enable that development to be carried out; or

(b) a highway authority would, if planning permission for constructing or improving a highway had been granted under Part III of this Act, have power to make an order under section 200 of this Act authorising the stopping up or diversion of any other highway,

then, notwithstanding that such permission has not been granted, the relevant authority may, in the circumstances specified in subsections (2) to (4) of this section, publish notice of the draft of such an order in accordance with the provisions of Schedule 18 to this Act; but nothing in the said schedule shall be construed as authorising the relevant authority to make the order in anticipation of such permission.

(2) The relevant authority may publish such a notice as aforesaid where the relevant development is the subject of an application for planning permission.

(3) The relevant authority may publish such a notice as aforesaid where—

(a) the relevant development is to be carried out by a local authority, statutory undertakers or the National Coal Board and requires, by virtue of an enactment, the authorisation of a government department; and

(b) the developers have made an application to the department for that authorisation and also requested a direction under section 37 of this Act, or, in the case of the National Coal Board, under section 2 of the [1958 c. 69.] Opencast Coal Act 1958, that planning permission be deemed to be granted for that development.

(4) The planning authority may publish such a notice as aforesaid where they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the relevant development.

(5) In the foregoing provisions of this section " relevant authority" means the planning authority mentioned in paragraph (a) of subsection (1) above or, as the case may be, the highway authority mentioned in paragraph (b) of that subsection ; and " relevant development" means the development mentioned in the said paragraph (a) or, as the case may be, the construction or improvement mentioned in the said paragraph (b).”.

17 In section 206 (confirmation of orders)—

(a) for subsection (1) there shall be substituted the following subsection—

“(1) An order made under section 198A or 199 of this Act by a planning authority, section 200 thereof by a highway authority, section 201 thereof by a competent authority or section 203(1)(b) thereof by a local authority, shall not take effect unless confirmed—

(a) by the Secretary of State in a case where the order is opposed ;

(b) in any other case by the authority making the order.”;

(b) in subsection (2), after the word "section" there shall be inserted the words " 198A (or that section as applied by section 200(3)) ";

(c) in subsection (3), after paragraph (a) there shall be inserted the following paragraphs—

“(aa) in an order under section 198A or 200 as the time from which a highway is to be stopped up or diverted ; or

(ab) in an order under section 201 as the time from which a right is to be extinguished ; or”; and

(d) in subsection (4)—

(i) for the words " 199" there shall be substituted the words " 198A, 199, 200, 201 "; and

(ii) at the end there shall be added the words " The Schedule has no application as regards orders made by the Secretary of State. ",

18 In section 207(1) (compulsory acquisition of land in connection with highways)—

(a) in paragraph (a), after the words " 198," there shall be inserted the words " 198A, "; and

(b) in paragraph (b), after the words " 203(1)(a) " there shall be inserted the words

19 In section 208 (concurrent proceedings in connection with highways)—

(a) in subsection (1), after the words " 198," there shall be inserted the words " 198A, " or (b) ". ; and

(b) in subsection (2), after the words " 203(1)(a)" there shall be inserted the words " or (b) ".

20 In section 209 (provisions as to telegraphic lines)—

(a) in subsection (1), after the words " 198," there shall be inserted the words " 198A, ";

(b) in subsection (3)—

(i) for the words " 203(1)(a)" there shall be substituted the words " 203(1)(b) ";

(ii) for the words " on the application of a planning authority " there shall be substituted the words " by a local authority ";

(iii) for the words " 204(1) of" there shall be substituted the words " 206(4) of, and Schedule 18 to, "; and

(iv) for the words " planning authority " in each of paragraphs (a), (b), (d) and (e) there shall be substituted the words " local authority "; and

(c) in subsection (4)—

(i) for the words " 203(1)(a)" there shall be substituted the words " 203(1)(b) "; and

(ii) for the words " Secretary of State " there shall be substituted the words " local authority ".

21 In section 210 (construction of section 32 of [1951 c. 60.] Mineral Workings Act 1951)—

(a) in subsection (1)—

(i) in paragraph (a), for the words " section 199 " there shall be substituted the words " sections 198A and 199 ";

(ii) in paragraph (b), after the words " a reference to " there shall be inserted the words " subsection (2)(b) of the said section 198A or, as the case may be, to "; and

(iii) in paragraph (c), for the word "section" there Shall be substituted the words " sections 198A and "; and

(b) in subsection (2), for the words "a reference to section 200 " there shall be substituted the words " references to sections 198A and 200 ".

22 In section 273(5) (statutory instruments containing orders made under certain sections to be subject to annulment in pursuance of a resolution of either House of Parliament), for the words " 18(4)(a)" there shall be substituted the words " 181(4)(a) ".

23 In Schedule 18 (procedure in connection with orders relating to footpaths and bridleways)—

(a) in each of paragraphs 1(1), 5 and 6, for the words " 199 " there shall be substituted the words " 198A, 199, 200, 201 ";

(b) in paragraph 3, in each of sub-paragraphs (1) and (2), for the words " 199 " there shall be substituted the words " 198A, 199 or 200 "; and

(c) in paragraph 4(1), for the words " 199 " there shall be substituted the words " 198A, 199, 200 or 201 ".

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

24 In section 74 (disposal of land by local authority), at the end there shall be added the following subsection—

“(3) The foregoing provisions of this section shall apply in relation to a disposal of land by a water development board (as defined in section 109(1) of the [1980 c. 45.] Water (Scotland) Act 1980) as they apply in relation to any such disposal by a local authority.”.

25 In section 108(1) (determination and levy of regional, district and general rates), after the words " district rate ; and " there shall be inserted the words " , subject to subsection 108A of this Act, ".

26 In section 109(2) (intimation of district rate to rating authority), for the words " the district rate " there shall be substituted the words " such district rate as is ".

27 In section 111(1) (regulations with respect to rates), at the end there shall be added the following paragraph— “;

(f) providing, as regards a rate determined under section 108A(1) of this Act by a local authority—

(i) for the repayment of sums paid in respect of a rate determined by them under section 108 thereof ; and

(ii) for the cost of levying and collecting to be borne by them.”.

28 In section 236(2) (savings), at the beginning there shall be inserted the words " Subject to section 74(3) of this Act and to section 20 of the Water (Scotland) Act 1980, ".

The Housing (Scotland) Act 1974 (c. 45)

29 In section 9(6) (requirements as to conditions relating to improvement grants) for the words "subsections (2) and (3)" there shall be substituted the words " subsection (2) ".

30 (1) In section 10A(2) (approval of application for repairs grant) after the words " accommodation for " there shall be inserted the words " such period ".

(2) The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 3rd October 1980.

31 In Schedule 2 (consequences of breach of conditions of improvement grant)—

(a) in paragraph 1, for the words "3 to 5 " there shall be substituted the words " 4 and 5 "; and

(b) in paragraph 7, for the words " paragraphs 3 or 5 " there shall be substituted the words " paragraph 5 ".

The Local Government (Scotland) Act 1975 (c. 30)

32 In section 2(2)(d) (effect of correction to valuation roll), after the word " shall" where it first occurs there shall be inserted the words " , subject to section 20 of the [1963 c. 12.] Local Government (Financial Provisions) (Scotland) Act 1963, ".

33 In section 8(3) (times at which instalments of rates are payable), for the word " the " where it occurs for the second time there shall be substituted the word " a ".

34 In section 14(1)(b) (termination of certain existing grants in respect of rural bus and ferry services)—

(a) for the words "section 34(2)" there shall be substituted the words " subsection (3) of section 34 "; and

(b) for the word " and " where it first occurs, there shall be substituted the words " ) or under subsection (4) of that section (towards expenditure incurred ".

35 In section 16 (which gives effect to a schedule relating to borrowing and lending by local authorities etc.), after the word " shall" there shall be inserted the words " , subject to section 18 of the Local Government (Miscellaneous Provisions) (Scotland) Act 1981, ".

36 In Schedule 3 (the schedule mentioned in paragraph 35 above)—

(a) in paragraph 15(1), after the word " below " there shall be inserted the words " and to sub-paragraph (2) of paragraph 1 above "; and

(b) in paragraph 31, in the definition of "fixed period", after the words "case or" there shall be inserted the words " , from time to time, for any class of cases or ".

The Licensing (Scotland) Act 1976 (c. 66)

37 In section 1 (appointment of licensing board by council of district or islands area)—

(a) in subsection (3), after the word " divided " there shall be inserted the words " (or continue to be divided) ";

(b) in each of subsections (6) and (7)—

(i) after the word " elections", there shall be inserted the words “of those members—

(a) except in so far as paragraph (b) below otherwise provides,”; and

(ii) at the end there shall be added the words “; and

(b) where a determination under subsection (3) above is made (whether or not at such meeting of the council as is mentioned in paragraph (a) above), either—

(i) at the meeting at which the determination is made ; or

(ii) at the first meeting of the council held after such meeting as is mentioned in sub-paragraph (i) above”; and

(c) in subsection (11), for the words " a fresh " there shall be substituted the word " an ".

The Water (Scotland) Act 1980 (c. 45)

38 In section 20 (power to hold and dispose of land)—

(a) after the word " may ", where it occurs for the second time, there shall be inserted the words " , under section 74 of the [1973 c. 65.] Local Government (Scotland) Act 1973, "; and

(b) the proviso shall cease to have effect.

39 In section 109 (interpretation), after subsection (4) there shall be added the following subsection—

“(5) For the purposes of section 29(2) of the [1979 c. 33.] Land Registration (Scotland) Act 1979 (construction of reference to Register of Sasines etc.) this Act shall be deemed to be an enactment passed before that Act.”.

The Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52)

40 In section 2—

(a) in subsection (6) (time within which offer to sell dwelling-house may be accepted by tenant)—

(i) after the word " shall" there shall be inserted the words " , subject to subsection (8) below, "; and

(ii) in sub-paragraph (iv), for the words from "section" to "offer" there shall be substituted the words " subsection (2)(a)(i) of section 5 of this Act has been served on the landlord, the service of a relative offer, or refusal ";

(b) in subsection (8) (notice of wish to have fixed price option), at the end there shall be added the following proviso—

“: Provided that where, as regards the dwelling-house, the tenant has served a loan application in accordance with subsection (2)(a)(ii) of section 5 of this Act, he shall be entitled (even if the said period of 2 years has expired) to serve a notice of acceptance on the landlord within 2 months of whichever is the later of—

(a) the service of a relative offer, or refusal, of loan ; or

(b) where section 5(7) of this Act is invoked, the decision of the court.”; and

(c) for subsection (10) (restriction on tenant's re-application to purchase dwelling-house) there shall be substituted the following subsection—

“(10) Where an offer to sell has been served on the tenant, he shall not be entitled to make an application to purchase under this Part of this Act again until 12 months after the last date on which he has, under either of subsections (6) and (8) above, any entitlement to serve a relative notice of acceptance.”.

41 In section 5 (loan to assist tenant in purchase of dwelling-house)—

(a) in paragraph (a) of subsection (2), the existing words from "within'' to the end shall be sub-paragraph (i) of the paragraph and after that sub-paragraph there shall be inserted the word " or " and the following sub-paragraph—

“(ii) within one year and ten months after service of the application to purchase if the tenant has, in terms of section 2(8) of this Act, a fixed price option as regards the dwelling-house ;”; and

(b) in subsection (5), after the words " 2(6)" there shall be inserted the words " or (8) ".

42 For subsection (4) of section 6 (recovery of discount on early re-sale) there shall be substituted the following subsection—

“(4) Where as regards a dwelling-house or part of a dwelling-house there is, within the period mentioned in subsection (1) above, more than one disposal to which that subsection would (apart from the provisions of this subsection) apply, that subsection shall apply only in relation to the first such disposal of the dwelling-house, or as the case may be part.”.

43 In section 14(2)(b) (restriction as regards proceedings for recovery of possession), after the word " raised " there shall be inserted the words " on or ".

44 In section 15(1) (power of sheriff to adjourn proceedings for recovery of possession), for the word " 6 " there shall be substituted the word " 7 ".

45 In section 27 (duty to publish rules governing housing lists etc.)—

(a) after subsection (1) there shall be inserted the following subsection—

“(1A) It shall be the duty of every registered housing association (within the meaning of the Housing Act 1974)—

(a) to send—

(i) to the Housing Corporation ; and

(ii) to every islands, or district, council within whose area there are dwelling-houses let or to be let by the association under secure tenancies; and

(b) to publish, in accordance with subsections (2) and (2A) below,

within 6 months of the coming into force of paragraph 45 of Schedule 3 to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 and within 6 months of any alteration of the rules, any rules which it may have governing such matters as are mentioned in paragraphs (a) to (d) of subsection (1) above.”;

(b) in each of subsections (2) and (3), after the words " subsection (1)" there shall be inserted the words " or (1A) ";

(c) in subsection (2)—

(i) after the word " times " there shall be inserted the words “—

(i) in a case where the body is an islands or district council or a Development Corporation,”; and

(ii) at the end there shall be added the words “; and

(ii) in any other case, at its principal and other offices.”; and

(d) after subsection (2) there shall be added the following subsection—

“(2A) Rules sent to a council in accordance with subsection (1A)(a)(ii) above shall be available for perusal at all reasonable times at its principal offices.”.

46 The following Schedule shall be inserted before Schedule 1—

Section 1A(3)

“SCHEDULE A1 VESTING ORDER UNDER SECTION IA: MODIFICATION OF ENACTMENTS

The Town and Country Planning (Scotland) Act 1972 (c. 52)

1 Paragraphs 1(2), 6 to 13 and 16 to 39 of Schedule 24 only shall apply and in them any reference to a general vesting declaration shall be treated as a reference to an order under section 1A of this Act.

2 The references, in paragraphs 6, 7 and 37 of that Schedule, to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 thereof to the acquiring authority having made a general vesting declaration shall be treated as a reference to such order having come into force.

3 In paragraph 6 of that Schedule—

(a) the reference to every person on whom, under section 17 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such order relates is vested by the order in the landlord ; and

(b) sub-paragraph (a) shall be omitted.

4 The reference in paragraph 20(2) of that Schedule to the date on which the notice required by paragraph 4 thereof is served on any person shall be treated as a reference to the date on which such an order comes into force.

5 In paragraph 29 of that Schedule—

(a) sub-paragraph (1)(a) shall be omitted ; and

(b) the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which such order came into force.

The Land Compensation (Scotland) Act 1963 (c. 51)

6 Any reference to the date of service of a notice to treat shall be treated as a reference to the date on which an order under section 1A of this Act comes into force.

7 Section 25(2) shall be treated as if for the words 'the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority' there were substituted the words ' an order under section 1A of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 vesting the land in which the interest subsists in the landlord has come into force, or an agreement has been made for the sale of the interest to the Landlord'.

8 In section 30—

(a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words ‘; or

(d) where an order has been made under section 1A of the Tenants' Rights, Etc. (Scotland) Act 1980 vesting the land in which the interest subsists in the landlord.’; and

(b) subsection (3) shall be treated as if in paragraph (a) the words ' or (d)' were inserted after the words ' subsection (2)(b)'.

9 Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under the said section 1A.

10 In Schedule 2, paragraph 1(2)(a) shall be treated as if the words ' or the coming into force of an order under section 1A of the Tenants' Rights, Etc. (Scotland) Act 1980 for the vesting of the land in the landlord' were inserted after the word ' land'.”.

Section 41.

SCHEDULE 4 Repeals

Chapter	Short Title	Extent of Repeal
18 & 19 Vict. c. 68.	The Burial Grounds (Scotland) Act 1855.	In section 24, the words " , subject to the approval of the sheriff of the county,"; and the words from " ; and a table " to the end.
60 & 61 Vict. c. 38.	The Public Health (Scotland) Act 1897.	In section 36, the words " and, if required by the Board shall,".
2 Edw. 7. c. 8.	The Cremation Act 1902.	In section 9, the words " any such" and " as may be authorised by any table approved by the Local Government Board,".
1 Edw. 8 & 1 Geo. 6. c. 28.	The Harbours, Piers and Ferries (Scotland) Act 1937.	Section 21(1).
		In section 21(3), the words " by a local authority or ".
1 Edw. 8 & 1 Geo. 6.c.48.	The Methylated Spirits (Sale by Retail) (Scotland) Act 1937.	In section 6, the definition of the expression " prescribed ".
10 & 11 Geo. 6. c. 43.	The Local Government (Scotland) Act 1947.	In section 247(2)(a), the words " or in the lawful possession of "
14 Geo. 6. c. 24.	The Highways (Provision of Cattle-Grids) Act 1950.	Section 11.
14 & 15 Geo. 6. c. 66.	The Rivers (Prevention of Pollution) (Scotland) Act 1951.	Section 1(2) to (4).
		In section 16(3), the words " not exceeding one shilling for every copy ".
4 & 5 Eliz. 2. c. 30.	The Food and Drugs (Scotland) Act 1956.	Section 25.
		Section 35(2).
4 & 5 Eliz. 2. c. 60.	The Valuation and Rating (Scotland) Act 1956.	In section 6, in subsection (2) the words " or other non-industrial buildings " and " or buildings "; and in subsection (11) the definition of "non-industrial building".
7 & 8 Eliz. 2. c.70.	The Town and Country Planning (Scotland) Act 1959.	Section 27(3).
		Section 30(5).
10 & 11 Eliz. 2. c.9.	The Local Government (Financial Provisions etc.) (Scotland) Act 1962.	In section 4(2), the words " not later than the thirtieth day of June in any year ".
1966 c. 51.	The Local Government (Scotland) Act 1966.	Section 25(4).
		In section 26(2), in each of paragraphs (a) and (b), the words "or of such shorter period as the Secretary of State authorises in any particular case".
		In section 27, in subsection (1) the words " Subject to subsection (3) below,"; and in subsection (4) the words from " or which " to the end.
1967 c 77.	The Police (Scotland) Act 1967.	In section 2(2), the words ", being expenses of a kind approved either generally or in particular cases by the Secretary of State ".
		Section 46(2).
1968 c. 49.	The Social Work (Scotland) Act 1968.	Section 3(3) and (4).
		Section 7.
1972 c. 46.	The Housing (Financial Provisions) (Scotland) Act 1972.	Section 16(5).
1972 c. 52.	The Town and Country Planning (Scotland) Act 1972.	In section 4, in subsection (2) the words " and shall, if directed to do so by the Secretary of State,"; in subsection (3)(e), the words from " or as " to " direct"; and in subsection (5) the words ", and for the Secretary of State to direct them to institute,".
		In section 5, in subsection (3) the words " or as the Secretary of State may in any particular case direct"; in subsection (4) the words " ; and (c) to such other matters as the Secretary of State may direct them to take into account"; and in subsection (6) the words ", or as may in any particular case be specified in directions given by the Secretary of State ".
		In section 9(3)(b), the words " or as the Secretary of State may in any particular case direct"; in subsection (5) the words ", or as may in any particular case be specified in directions given by the Secretary of State "; in subsection (8) the words from " ; but no " to the end; and in subsection (9), the words " or which the Secretary of State may in any particular case direct them to take into account".
		In section 10, subsections (4) and (5).
		Section 48.
		In section 58(5), paragraph (c); and in paragraph (d) the words " the Secretary of State or ".
		In section 59, in paragraph (b) of subsection (2), the words from " or " to the end of the paragraph; and in subsection (3) the words from " ; and (b)" to the end.
		In section 91, subsection (1); in subsection (3), the words " an application referred to him under subsection (1) of this section or on "; in subsection (4) the words " application or ", " applicant or ", and " (as the case may be) "; and in subsection (5), the words " applicant or ".
		Sections 111 and 112.
		Section 113(4).
		In section 203(1)(b) the words " , being a footpath or bridleway,".
		In section 204(1), the words ", 201 ".
		In section 260, subsections (6) and (7).
1973 c. 65.	The Local Government (Scotland) Act 1973.	In section 23(1), the words " Subject to subsection (4) below,".
		Section 23(4).
		Section 53(4).
		Section 54.
		Section 121.
1974 c. 45.	The Housing (Scotland) Act 1974.	In section 9, subsections (3), (4) and (5).
		In Schedule 2, paragraphs 3 and 9(b).
1975 c. 30.	The Local Government (Scotland) Act 1975.	Section 22(2).
		In section 28, in each of subsections (5) and (6), the words " for inspection ';
1976 c. 66.	The Licensing (Scotland) Act 1976.	Section 2(7).
		Part IV.
		In section 59(1)(b), paragraph (ii) of the proviso.
		Section 140(3).
		Schedule 3.
		In Schedule 5, the entry relating to section 50(6).
1980 c. 13.	The Slaughter of Animals (Scotland) Act 1980.	In section 8(1), the words ““, and if required by the Secretary of State shall,".
1980 c. 45.	The Water (Scotland) Act 1980.	In section 1, the words " ; and (c) to appoint an advisory committee to advise him on those matters ".
		Section 2.
		Section 19.
		In section 20, the proviso.
		In section 58(1), the words ", with the approval of the Secretary of State,".
		Section 62.
		In section 66(3), the proviso.
		In Schedule 1, in paragraph 4, the words " not exceeding 10 pence"; paragraphs 9 and 18; in paragraph 27, the words ", not exceeding 10 pence for every 100 words contained in the copy,"; and in paragraph 30, the words ", not exceeding 20 pence for every copy ".