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Local Government and Planning (Scotland) Act 1982

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  1. Introductory Text

  2. Part I Valuation and Rating Etc.

    1. 1.In section 5 of the Local Government (Scotland) Act 1966...

    2. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 3. Redetermination of estimated aggregate amount of rate support grants.

    4. 4. Rating of plant and machinery.

    5. 5. Valuation of and reduction and remission of rates payable in respect of communal accommodation for single people.

  3. Part II Local Authority Functions

    1. 6. Effect of specific power or duty to incur expenditure at one tier of local government on exercise of general such power at different tier.

    2. 7. Functions of local authority in relation to industrial promotion.

    3. 8. Power of local authority to enter into arrangements under Employment and Training Act 1973.

    4. 9. Part II of Schedule 1 to continue to have effect.

    5. 10. Re-allocation of responsibility for the establishment of nature reserves.

    6. 11. Islands or district council’s functions in relation to tourism.

    7. 12. Regional or islands council’s functions in affording assistance for rural bus services.

    8. 13. Local authorities’ functions in relation to the provision of caravan sites.

    9. 14. Islands or district council’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities.

    10. 15. Islands or district council’s powers in relation to the provision of recreational, sporting, cultural and social facilities and activities.

    11. 16. Provisions supplementary to section 15.

    12. 17. Power of local authority to contribute towards provision of cultural activities and facilities.

    13. 18. Byelaws in relation to recreational, sporting, cultural and social activities.

    14. 19. Interpretation of and savings in relation to sections 14 to 18.

    15. 20.In section 154 of the 1973 Act (which transfers rights,...

    16. 21. Transfer of responsibility for flood warning systems from regional councils to river purification boards.

    17. 22. Re-allocation of responsibility for the enforcement of certain provisions of the Food and Drugs (Scotland) Act 1956.

    18. 23. General powers of local authority to assist community council.

    19. 24. Islands or district council’s functions in relation to the provision of gardening assistance for the disabled and the elderly.

    20. 25. Islands or district council’s functions in relation to street cleansing.

    21. 26. Islands or district council’s functions in relation to the provision of public conveniences.

    22. 27. Islands or district council’s functions in relation to the provision of a market.

    23. 28. Islands or district council’s functions in relation to the provision of clocks.

    24. 29. Power to repeal local statutory provisions which are superseded by provisions of this Act.

    25. 30. Power of islands and district councils to provide and maintain roadside seats.

    26. 31. Cessation of regional, council’s functions as regards war memorials.

    27. 32. Delegation of functions by sub-committees of local authorities.

    28. 33. Consequential transfer of officers of local authorities.

    29. 34. Consequential transfer of property of local authorities.

    30. 35. Arbitration under section 33(4) or 34(5).

  4. Part III Planning

    1. 36. Secretary of State’s discretion as regards public examination of structure plans.

    2. 37. Proposals for alterations to structure plans.

    3. 38. Inquiries with respect to local plans.

    4. 39. Modification of local plans.

    5. 40. Alteration of local plans.

    6. 41. Publication of notices of planning applications.

    7. 42. Publication of notices of planning applications.

    8. 43. Power of regional planning authority to take enforcement action.

    9. 44. Register of waste land, enforcement and stop notices.

    10. 45. Power of local authorities to recover cost of various orders.

    11. 46. Power of planning authorities to vary planning permission.

    12. 47. Restriction on further appeal following decision of Secretary of State on appeal under section 63A, 85 or 93 of the 1972 Act.

    13. 48. Further amendments of the 1972 Act.

  5. Part IV Miscellaneous and Supplementary

    1. Miscellaneous

      1. 49. Power of local authority to make an advance for the acquisition of land or erection of buildings.

      2. 50. Power of local authority incur expenditure for certain purposes not otherwise authorised.

      3. 51—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 56. Maintenance of sewage treatment works and waterworks.

      5. 57. Liability of water authorities etc. for damage caused by escapes of water onto agricultural or forestry land.

      6. 58. Power of water authority to require seperate service pipes in cases of interference with water supply.

      7. 59. Exemption from charges for water for fire fighting.

      8. 60. Approved duties of councillors and allowances in respect thereof.

      9. 61. Abolition of Amenity Committee.

      10. 62. Abolition of Staff Commission for Scotland.

      11. 63. Abolition of Property Commission for Scotland.

    2. Supplementary

      1. 64. Savings in respect of byelaws.

      2. 65. Consequential, transitional and supplementary provisions.

      3. 66. Amendments and repeals.

      4. 67. Interpretation.

      5. 68. Expenses.

      6. 69. Short title, commencement and extent.

  6. SCHEDULES

    1. SCHEDULE 1

      Re-allocation of Functions Relating to the Countryside

      1. Part I

      2. Part II Consequential Amendment of Enactments

        1. The Local Government (Development and Finance) (Scotland) Act 1964 (c. 67)

          1. 1.At the end of section 3 (supplementary provisions in relation...

        2. The Countryside (Scotland) Act 1967 (c. 86)

          1. 2.In section 12 (Countryside Commission to consult with local planning...

          2. 3.In section 13(1) (power to make access agreement), for the...

          3. 4.In section 14(1) (power to make access order) for the...

          4. 5.In section 16(5) (enforceability etc. of access agreement), for the...

          5. 6.In section 17(4) (works for giving effect to access agreement),...

          6. 7.In section 18(1) (enforcement of access), for the words from...

          7. 8.In section 20 (compensation for access orders), for the words...

          8. 9.In section 24(1) (acquisition of land for public access), for...

          9. 10.In each of sections 27(4) (taking of steps to protect...

          10. 11.In section 31(1) (compulsory powers for creation of public paths),...

          11. 12.In section 32 (powers of planning authority in relation to...

          12. 13.In section 33(1) (making up and maintenance of public paths),...

          13. 14.In section 34(1) (closure of public paths), for the words...

          14. 15.In section 35 (diversion of public paths)—

          15. 16.In section 38(3) (supplementary provisions as regards public path creation,...

          16. 17.For subsection (5) of section 49 (interpretation of provisions relating...

          17. 18.For subsection (3) of section 50 (interpretation of provisions relating...

          18. 19.For subsection (2) of section 51 (power to provide parking...

          19. 20.For subsection (2) of section 52 (exercise of powers under...

          20. 21.In section 54 (byelaws as respects country parks and local...

          21. 22.In section 55(1) (default powers of Secretary of State as...

          22. 23.In section 56 (byelaws as to pleasure boats), in subsection...

          23. 24.In section 65(5) (authorities which may appoint wardens as respects...

          24. 25.In section 69(3) (powers of planning authority as regards acquisition,...

    2. Schedule 2

      Amendments of Town and Country Planning (Scotland) Act 1972

      1. 1.In subsection (1) of section 16 (which makes supplementary provision...

      2. 2.In section 22 (which relates to the form and content...

      3. 3.In section 24 (which provides for notification of applications to...

      4. 4.In section 25 (which relates to publicity for planning applications...

      5. 5.In subsection (2) of section 26 (which relates to the...

      6. 6.In section 28 (which provides for the regulation of the...

      7. 7.In subsection (1) of section 29 (which relates to permission...

      8. 8.After section 30 there shall be inserted the following section—...

      9. 9.At the end of section 31 (which relates to registers...

      10. 10.In section 32 (which relates to the reference of applications...

      11. 11.In section 33 (which relates to appeals against planning decisions)—...

      12. 12.In section 34 (which relates to appeals in default of...

      13. 13.In section 39(2)(a) (which relates to outline planning permission), for...

      14. 14.At the end of section 50 (which provides for agreements...

      15. 15.In section 54 (which relates to the control of works...

      16. 16.After the said section 54 there shall be inserted the...

      17. 17.In section 63 (which relates to the proper maintenance of...

      18. 18.After section 63 there shall be inserted the following section—...

      19. 19.In section 84 (which relates to the power to serve...

      20. 20.In section 85 (which relates to appeals against enforcement notices)—...

      21. 21.In section 86 (which relates to the continuing contravention of...

      22. 22.In section 87(8)(b) (which relates to the continuing contravention of...

      23. 23.In section 88 (which relates to the execution and cost...

      24. 24.In section 89(4) (which relates to the reinstatement of buildings...

      25. 25.After section 89 (which provides for the continuation in force...

      26. 26.In section 92 (which relates to the power to serve...

      27. 27.In section 93 (which relates to appeals against listed building...

      28. 28.In section 94(2) (which relates to the continuing contravention of...

      29. 29.In section 98(3) (which relates to the continuing contravention of...

      30. 30.In section 100(1) (which relates to the continuing contravention of...

      31. 31.In section 101(2) (which relates to the continuing contravention of...

      32. 32.In the proviso to subsection (4) of section 136 (which...

      33. 33.At the end of section 169 (which relates to the...

      34. 34.After section 229 there shall be inserted the following section—...

      35. 35.In section 231(3) (which relates to the validity of certain...

      36. 36.In section 232 (which relates to the procedure for questioning...

      37. 37.At the end of section 254 (which relates to agreements...

      38. 38.In subsection (8) of section 262A (the which section relates...

      39. 39.In section 262B(1) (which relates to proposals for the preservation...

      40. 40.In section 265— (a) in subsection (1)—

      41. 41.In section 266(2) (which relates to the wilful obstruction of...

      42. 42.At the end of section 272 (which relates to combined...

      43. 43.In sub-paragraph (2) of paragraph 5 of Schedule 10 (which...

    3. Schedule 3

      Minor and Consequential Amendments

      1. The Public Libraries Consolidation (Scotland) Act 1887 (c. 42)

        1. 1.In section 2 (which makes provision as regards the interpretation...

      2. The Local Government Act 1948 (c. 26)

        1. 2.In section 133(3)(ii) (which provides for the interpretation of certain...

      3. The Caravan Sites and Control of Development Act 1960 (c. 62)

        1. 3.In Schedule 1— (a) in paragraph 10(1) (which relates to...

      4. The Trustee Investments Act 1961 (c. 62)

        1. 4.In section 7(3) (which interprets the expression “Consolidated Loans Fund”...

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

        1. 5.In section 2(2) (which relates to the determination of the...

        2. 6.In section 3 (which provides for the making of rate...

        3. 7.In section 4 (which relates to the variation of rate...

      6. The Countryside (Scotland) Act 1967 (c. 86)

        1. 8.In section 31 (which makes provision as regards the compulsory...

        2. 9.In section 34 (which makes provision as regards the closure...

        3. 10.In section 35 (which makes provision as regards the diversion...

        4. 11.In Schedule 3 (which comprises provisions as to the making,...

      7. The Roads (Scotland) Act 1970 (c. 20)

        1. 12.In section 21(2) (which makes provision as regards expenses incurred...

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

        1. 13.In section 31(1)(a) (which makes provision as regards disqualification from...

        2. 14.In section 38(4)(a) (which provides that allowances are not to...

        3. 15.In section 67 (which makes provision as regards the disqualification...

        4. 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 17.In section 94— (a) in subsection (1B) (which relates to...

        6. 18–20.. . . . . . . . . ....

        7. 21.In section 163(3) (which designates the local authority for the...

        8. 22.In section 172(3) (which makes provision as regards interpretation), after...

        9. 23.In section 176 (which makes provision as regards local plans)—...

        10. 24.For section 179 (which makes provision as regards applications for...

        11. 25.In section 181(2) (which, among other things, empowers a regional...

        12. 26.In Schedule 7 (which relates to meetings and proceedings of...

        13. 27.In Column 2 of Part I of Schedule 22 (which...

        14. 28.In Column 2 of Part 11 of Schedule 22 (which...

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

        1. 29–33.. . . . . . . . . ....

      10. The Safety of Sports Grounds Act 1975 (c. 52)

        1. 34.In section 11 (which relates to powers of entry in...

      11. The Electricity (Scotland) Act 1979 (c. 11)

        1. 35, 36.. . . . . . . . . ....

      12. The Education (Scotland) Act 1980 (c. 44)

        1. 37.In section 1 (which imposes a duty on education authorities...

        2. 38.In section 6(1) (which among other things empowers for certain...

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

        1. 39, 40.. . . . . . . . . ....

      14. The Local Government, Planning and Land Act 1980 (c. 65)

        1. 41.In section 70 (which provides for grants in respect of...

        2. 42.In paragraph 33 of Schedule 32 (which makes provision as...

      15. The Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23)

        1. 43.. . . . . . . . . ....

    4. Schedule 4

      Repeals

      1. Part I General

      2. Part II Powers of Entry

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