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

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/crossheading/the-local-government-scotland-act-1975-c30

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

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2023-04-01

SCHEDULE 13 Minor and Consequential Amendments

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

I1100

1

The 1975 Act shall be amended in accordance with this paragraph.

2

In section 2(1)(e) (alterations to valuation roll which is in force)—

a

after “consequence of” insert

—
i

b

after “1970” insert

or
ii
the making of regulations under section 42 of the M1Lands Valuation (Scotland) Act 1854;

3

In section 7A (provisions as to setting of non-domestic rates)—

a

for subsection (2) substitute—

2
Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—
a
in accordance with section 7 of this Act; or
b
where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.

b

subsection (3) shall cease to have effect.

4

For subsection (2) of section 7B (provisions as to setting of non-domestic rates) substitute—

2
Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—
a
in accordance with section 7 of this Act; or
b
where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.

5

In subsection (4) of section 8 (payment of rates by instalments), for from “the ground” to “1947” substitute “ account of hardship under section 25A of the M2Local Government (Scotland) Act 1966 ”.

F16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In section 37(1) (interpretation), in the definition of “material change of circumstances”, for the word “for” substitute “ the members of which are drawn from the valuation appeal panel serving ”.

9

In Schedule 3 (borrowing and lending by local authorities)—

a

for paragraph 8(3) substitute—

3
Sub-paragraphs (1) and (2) above shall not apply in the case of money borrowed for the purpose of the common good, nor shall the security created by those sub-paragraphs include the common good or the revenues thereof.

b

in paragraphs 12(1), 13(1), 13(2) and 14, for “16th May 1975”, in each place where it occurs, substitute “ 1st April 1996 ”;

c

after paragraph 12(1) insert—

1A
Sub-paragraph (1) above, so far as it relates to the establishment of a loans fund, does not apply to the councils of Orkney Islands, Shetland Islands and Western Isles, whose loans funds will continue in existence.

d

for paragraph 12(2) substitute—

2
A loans fund shall not apply to money borrowed for the common good.

e

in paragraph 13(1), for the words “section 128 of the Act of 1973 or which is referred to in section 222(2) or 223 of that Act” substitute “ section 17 of the Local Government etc. (Scotland) Act 1994 or which is referred to in section 15(5) or 16 of that Act ”;

f

in paragraph 22—

i

in sub-paragraph (1), after head (b) insert—

ba
an insurance fund, to be used for the following purposes, namely—
i
where the authority could have insured against a risk but have not done so, defraying any loss or damage suffered, or expenses incurred, by the authority as a consequence of that risk;
ii
paying premiums on a policy of insurance against a risk.

ii

in sub-paragraph (2), after “repair fund” insert “ or the insurance fund ”.

g

in paragraph 24(1), after “repair fund” insert “ , or an insurance fund, ”;

h

in paragraph 28—

i

in sub-paragraph (1), after “money,” insert “ the Strathclyde Passenger Transport Authority ”; and

ii

in sub-paragraph (2), for the words from “Schedule to” to the end insert—

a
the aforesaid boards, either generally or to any particular board or class of board; and
b
the Strathclyde Passenger Transport Authority

i

for paragraph 30 substitute—

30
Nothing in this Schedule shall affect the power of a council having a common good to borrow on the security of the common good or any loan secured thereon.

j

for paragraph 31 substitute—

31
In this Schedule, unless the context otherwise requires—
“statutory borrowing power” means any power to borrow money conferred on a local authority by or under any enactment, but does not include the power of a council to borrow for the purposes of the common good; and
“trustee securities” means any security in which trustees are for the time being authorised by law to invest trust money.