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

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/crossheading/the-new-roads-and-street-works-act-1991-c22/1996-04-01

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

1996-04-01

SCHEDULE 13 Minor and Consequential Amendments

The New Roads and Street Works Act 1991 (c.22)

168

1

The New Roads and Street Works Act 1991 shall be amended in accordance with this paragraph.

2

In section 108(6)(a) (relevant authorities in relation to road works including the breaking up or opening in the road of a sewer), for “the local authority, that local” substitute “ a sewerage authority, that ”.

3

In each of sections 109(6)(a) (notice before granting permission to execute certain road works), 117(3)(a) (notice restricting certain road works) and 149(4)(a) (responsible authority as respects reinstatement of sewers, drains or tunnels) and of paragraphs 7(3)(b) and 9 of Schedule 6 (roads with special engineering difficulties), for “local” substitute “ sewerage ”.

4

In section 148 (particular and general provisions as respects sewers)—

a

in each of subsections (1) and (4), for “local” substitute “ sewerage ”; and

b

for subsection (3) substitute—

3
References in this Part to an undertaker having apparatus shall, where the apparatus is a sewer, drain or tunnel, be construed—
a
in the case of apparatus vested in a sewerage authority, as references to that authority; and
b
in any other case, as references to the authority, body or person having the management or control of the apparatus.

5

In section 153 (power of road works authority to undertake road works)—

a

in subsection (1), the words—

i

“or district council”; and

ii

“or council”,

shall cease to have effect; and

b

in subsection (3), the words “or council” shall cease to have effect.

6

In section 164(1) (interpretation), after the definition of “reinstatement” insert—

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