Local Government etc. (Scotland) Act 1994

Supplementary S

180 Minor and consequential amendments and repeals S

(1) Schedule 13 to this Act, which contains minor amendments and amendments consequential upon the provisions of this act, shall have effect.

(2) The enactments mentioned in Schedule 14 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I1 S. 180 partly in force; s. 180 not in force at Royal Assent see s. 184(2); s. 180 in force for specified purposes at 4.1.1995 by S.I. 1994/2850, art. 3(b)-(d); s. 180 and s. 180(2) in force for further specified purposes at 31.12.1994, 4.1.1995, 1.4.1995 by S.I. 1994/3150, arts. 2(b), 3(d), 4(b) respectively; s. 180 in force for further specified purposes at 1.4.1995 by S.I. 1995/702, art. 3(c); s. 180 in force for further specified purposes at 6.4.1995 by S.I. 1995/702, art. 4(1), Sch. 2; s. 180 in force for further specfied purposes at 17.7.1995 by S.I. 1995/1898, art. 2(c), Sch.; s. 180(1) in force for further specified purposes at 22.12.1995 and 1.4.1996 by S.I. 1995/3326, arts. 2(a), 3(a), Sch.; s. 180 in force for further specified purposes at 19.2.1996, 31.3.1996 and 1.4.1996 by S.I. 1996/323, arts. 2(1)(b), 3(a), 4(1)(b) respectively

181 Consequential and supplementary provisions S

(1) The Secretary of State may at any time, whether before or after 1st April 1996 by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient—

(a) for the gereral or any paricular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b) in consequence of such of the provisions of this Act or of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act,

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may—

(a) make provision in the case ofany body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in such an order shall be inconsistsent with any provision of this Act;

(b) in relation to the period prior to 1st April 1996, and subject to such modifications as the Secretary of State thinks necessary or expedient, apply to the new authorities any enactment relating to a local authority in Scotland;

(c) apply, with or without modifications or amend, repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996; or

(d) make savings, or additional savings, from the effect of any repeal made by this Act.

(3) Subject to subsection (6) below, anything done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions shall, as from 1st April 1996, be treated as having been done by , to or in relation to the new authority by whom those functions become exercisable on and after that date by virtue of this Act; and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new authority by whom those functions become exercisable.

(4) Without prejustice to the generality of subsection (3) above, the things to which it refers include—

(a) any agreement, instrument, decision, designation, determination, declaration or order made or treated as having been made by an existing local authority;

(b) any notice or direction given or treated as given by or to such an authority;

(c) any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or relaxation granted or treated as granted by or to such an authority;

(d) any application, request,proposal or objection made or treated as made by or to such an autority;

(e) any fee paid to or by such an authority;

(f) any condition or requirement imposed or treated as imposed by or on such an authority;

(g) any proceedings instituted by or against any such authority; or

(h) any appeal allowed by or in favour of or against such an authority.

(5) If there is any doubt as to the indentity of the new authority to whom any particular functions are so transferred, that authority shall be taken to be such as may be specified in a direction given by the Secretary of State.

(6) Subsection (3) above is without prejudice to any express provision made by, or by any intrument or transfer scheme made under, this Act but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State.

(7) Section 25 of the 1973 Act (transitional agreements as to property and finance) shall apply for the purposes of Parts I and V of this Act as if any reference to an order under Part II of that Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under Part of this Act, but any agreement made by virtue of this subsection may only be made by new authorities and after 31st March 1996.

(8) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament

(9) In this section—

“existing local authority” includes a joint committee and a joint board and a reporter appointed under section 36(1) of the M1 Social Work (Scotland) Act 1968;

“joint committee”and “joint board” have the meanings given by sectio 235(1) of the 1973 Act; and

“new authority”means—

(a) any of the authorities constituted under section 2 of this Act;

(b) a joint committee and a joint board;

(c) a residuary body;

(d) the Strathclyde Passenger Transport Authority;

(e) a new water and sewerage authority within the meaning of Part II of this Act;

(f) the Principal Reporter; and

(g) the Scottish Children’s Reporter Administrations

Commencement Information

I2 S. 181 wholly in force at 6.4.1995; s. 181 not in force at Royal Assent see s. 184(2); s. 181(1)(2)(8)(9) in force at 8.11.1994 by S.I. 1994/2850, art. 2, Sch. 1; s. 181 in force at 6.4.1995 insofar as not already in force by S.I. 1995/702, art. 4(1), Sch. 2

Marginal Citations

M1 1968 c. 49

182 Further transitional provisions. S

(1) Until 1st April 1996—

(a) section 70 of the 1973 Act (acuisition of land by agreement) shall have effect as if, in subsection (1), after paragraph (b) there were inserted “:, or

(c) there being provided by some person other than themselves a systsem, to which the public shall have acess, of drains, sewers or sewage treatment works,”,;

(b) section 71 of the 1973 Act (acquisition of land compulsorily) shall have effect as if, in subsection (1), after “enactment” there were inserted “or of there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works”; and

(c) section 15 of the M2 Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added “or for the purpose of there being provided by some person other than themselves a supply of water to the public”.

(2) If the Secretary of State provides, by order under section 184(2) of this Act, that any provision of Part II of (or of Schedule 13 to) this Act which—

(a) amends section 1, 16, 21(1), 22, 23, or 48 of the M3 Sewerage (Scotland) Act 1968 or section 32 of the M4 Control of Pollution Act 1974; or

(b) adds to the said Act of 1968 a new section 3A or 16A or to section 20 of that Act a new subsection (5),

shall come into force before 1st April 1996, he may provide in the order that the section amended, or as the case may be the section or subsection added, shall until that date apply as if modified in such manner as he shall specify in the order; the modifications being such as appear to him to be requisite having regard of the fact that some other provision of that Part (or that Schedule) is not for the time being in effect.

Subordinate Legislation Made

P1 S. 182(2) power exercised (7.11.1994): different dates appointed for specified provisions by S.I. 1994/2850

Marginal Citations

M2 1980 c. 45

M3 1968 c. 47

M4 1974 c. 40

183 Interpretation and amendment of statutory references S

(1) In this Act, unless the context other wise requires—

“residuary body” shall be construed in accordance with section 18 of this Act;

“the Valuation Acts” means the M5 Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation;

“the 1973 Act” means the M6 Local Government (Scotland) Act 1973; and

“the 1975 Act” means the M7 Local Government (Scotland) Act1975.

(2) Subject to section 59 of this Act and to any particular amendment of any enactment made by or under this Act—

(a) any reference in any enactment to a local authority within the meaning of the 1973 Act (whether expressed as a reference to such an authority, or to a regional, islands or district council, or otherwise); or

(b) any reference in any enacatment to a local auathority within the meaning of the M8 Local Government (Scotland ) Act 1947 (“the 1947 Act”) which, by virtue of paragraph 1(2) of Schedule 27 to the 1973 Act, falls to be construed as a reference to a local authority within the meaning of the 1973 Act,

shall be construed as a reference to a council constituted under section 2 of this Act.

(3) For the purpose of translating any reference, however expressed, in any enactment to a local authority within the meaning of either the 1973 Act or the 1947 Act to a reference to a council constituted under section 2 of this Act, the Secretary of State may by order made by statutory instrument make such amendments to any such enactment as he considers necessary or expedient

(4) Subject to any particular amendment of any enactment made by this Act, any reference in any enactment to—

(a) the director of education shall in relation to any purpose be construed as a reference to the officer appointed by a local authority for that purpose;

(b) the director of secial work shall be construed as a reference to the chief social work officer.

(5) Any reference in any enactment, other than the M9 Social Work (Scotland) Act 1968 or the M10 Criminal Procedure (Scotland ) Act 1975 (in respect of which Acts particular provision is made in Schedule 13 to this Act), to a reporter appointed under section 36(1) of the former Act shall be construed as a reference to the Principal Reporter

(6) In this section “enactment” means any enactment or instrument made under an enactment, whether passed or made before or after the coming into force of this section; but does not include this Act or any instrument made under this Act.

Commencement Information

I3 S. 183 wholly in force at 1.4.1996; s. 183 not in force at Royal Assent see s. 184(2); s. 183(1) in force at 8.11.1994 by S.I. 1994/2850, art. 2, Sch. 1; s. 183(3)(6) in force at 6.4.1995 by S.I. 1995/702, art. 4(1), Sch. 2; s. 183(2)(4)(5) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch. 1

Marginal Citations

M5 1854 c. 91

M6 1973 c. 65

M7 1975 c. 30

M8 1947 c. 43

M9 1968 c. 49

M10 1975 c. 21

184 Short title, commencement and extent S

(1) This Act may be cited as the Local Government etc. (Scotland) Act 1994

(2) This Act, except section 163, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(3) An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

(4) This Act shall extend to Scotland only.

Subordinate Legislation Made

P2 S. 184 power partly exercised (7.12.1994): different dates appointed for specified provisions by S.I. 1994/3150

S. 184 power partly exercised (8.3.1995): different dates appointed for specified provisions by S.I. 1995/702

P3 S. 184(2) power partly exercised (7.11.1994): different dates appointed for specified provisions by S.I. 1994/2850

S. 184(2) power partly exercised (14.7.1995): 17.7.1995 appointed by S.I. 1995/1898

S. 184(2) power partly exercised (25.10.1995): different dates appointed for specified provisions by S.I. 1995/2866

S. 184(2) power partly exercised (6.10.1998): 30.6.1999 appointed by S.I. 1998/2532

P4 S. 184(2)(3) power partly exercised (15.12.1995): different dates appointed for specified provisions by S.I. 1995/3326

S. 184(2)(3) power partly exercised (9.2.1996): different dates appointed for specified provisions by S.I. 1996/323