http://www.legislation.gov.uk/id/ukpga/1994/39/schedule/13

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/crossheading/the-housing-scotland-act-1987-c26/1995-04-06

Local Government etc. (Scotland) Act 1994

An Act to make provision with respect to local government and the functions of local authorities; to make amendments in relation to local government finance, local authority accounts and the records of local authorities; to establish a Strathclyde Passenger Transport Authority for the purposes of the Transport Act 1968; to provide for the establishment of new water and sewerage authorities; to provide for the establishment of a council to represent the interests of customers and potential customers of those new authorities; to provide for the vesting in those new authorities of the property, rights and liabilities of the Central Scotland Water Development Board and of such property, rights and liabilities of regional and islands councils as those councils have as water authorities, as providers of sewerage and in relation to dealing with the contents of sewers; to provide for the dissolution of that Board; to cancel certain obligations to contribute towards expenses which have been incurred by local authorities in making provision for sewerage or disposal of sewage in rural localities; to create an office of Principal Reporter and transfer to him the functions of reporters to children’s hearings; to establish a body to facilitate the performance by the Principal Reporter of his functions; to amend the Social Work (Scotland) Act 1968 in relation to children’s hearings; to amend the procedure for making byelaws under section 121 of the Civic Government (Scotland) Act 1982; to transfer to local authorities responsibility for fixing and reviewing polling districts and polling places in Parliamentary elections; to amend section 21 of the Self-Governing Schools etc. (Scotland) Act 1989; to amend the law relating to roads and the placing of traffic signs on roads; to make amendments in relation to valuation and rating; to abolish the Scottish Valuation Advisory Council; to empower the Strathclyde Passenger Transport Authority to guarantee certain obligations; to empower local authorities to make grants to ethnic minorities; to confer on local authorities the function of promoting economic development; to provide for the establishment of area tourist boards; to make amendments in relation to lieutenancies; all as respects Scotland; and for connected purposes.

1994-11-03

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Statute Law Database

2023-06-05

1995-04-06

SCHEDULE 13 Minor and Consequential Amendments

The Housing (Scotland) Act 1987 (c.26)

152

1

The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph.

2

In section 61 (secure tenant’s right to purchase)—

a

in subsection (2)(a), for sub-paragraphs (i) and (ii) substitute—

i
a local authority, or a joint board or joint committee of two or more local authorities, or the common good of a local authority or any trust under the control of a local authority; or
iia
a water authority or sewerage authority;

b

in subsection (11)(a)—

i

for “a regional, islands or district council” substitute “ any local authority ”;

ii

the words “council or”, where they first occur, shall cease to have effect; and

iii

for “council”, where it thirdly and fourthly occurs, substitute “ authority ”; and

c

in subsection (11)(1), after “a water authority” insert “ or sewerage authority ”.

3

In section 64(6) (conditions of sale: houses in designated rural areas), for “islands or district council”, in both places where it occurs, substitute “ local authority ”.

4

In section 70 (power to refuse to sell certain houses required for educational purposes)—

a

in subsection (1), for “an islands” substitute “ a ”; and

b

after subsection (2) insert—

3
In this section “council” means the local authority for Orkney Islands, Shetland Islands or Western Isles.

5

In section 212(4) (authorities empowered to give rent increase notices)—

a

in paragraph (a), for “regional, islands or district council” substitute “ local authority ”; and

b

in paragraph (e), the words “or a water development board” shall cease to have effect.

6

In section 300(1)(a) (meaning of “public sector authority”), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

7

In section 338(1) (interpretation)—

a

for the definition of “local authority” substitute—

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and the district of a local authority means the area of such a council;

b

after the definition of “a service charge” insert—

“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

c

for the definitions of “water authority” and “water development board” substitute—

“water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

8

In Part I of Schedule 3 (grounds on which court may order recovery of possession), in paragraph 15(a), for “an islands council” substitute “ the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles ”.