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

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/paragraph/71

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 Police (Scotland) Act 1967 (c.77)

I171

1

The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph.

2

In section 1(1) (police areas), for the words “for every region and for every islands area” substitute “ for every local government area ”.

3

In section 2(1) (police authorities and their functions), for the words from the beginning to “police authority” substitute “ For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority ”.

4

In section 18 (execution of warrants in borders)—

a

for the words “regions”, in each place where it occurs, substitute “ areas ”;

b

for the word “region”, in each place where it occurs, substitute “ area ”; and

c

for “Borders” in both places where it occurs, substitute “ Lothian and Borders ”.

5

In section 19 (amalgamation schemes)—

a

in subsections (2), (3), (4) (6), (7) and (9), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;

b

in subsection (3), for “committee”, where it secondly and thirdly occurs, substitute “ board ”;

c

subsection (5) shall cease to have effect; and

d

after subsection (9) insert—

10
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

6

After section 19 insert—

19A Incorporation of joint police boards.
Every amalgamation scheme made under this Act shall include provision that any joint police board established by the scheme shall be incorporated with a common seal and have power to hold land and to borrow money.

7

In section 21 (amendment of amalgamation schemes)—

a

in subsection (1), for the words from the beginning to “section 20 of this Act” substitute—

1
An amalgamation scheme may be amended or revoked—
a
in the case of a scheme made under section 19 of this Act, by a subsequent scheme made under that section or under section 20 of this Act; and
b
in the case of a scheme made under section 20 or 21B of this Act, by a subsequent scheme made under section 20 of this Act,

b

in subsection (2)(a), at the end insert “ or for the creation of any new combination of police areas; ”;

c

in subsection (2)(c) and (e), for the words “joint police committee”, in both places where they occur, substitute “ joint police board ”; and

d

in subsection (2)(c), for the words “such committee” substitute “ such police board ”.

8

In section 22(1) and (2), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”.

9

In section 23(6), for the words “joint police committee” substitute “ joint police board ”.

10

In section 26A(2) (power to give directions to police authority after adverse report), for the words “joint police committee” substitute “ joint police board ”.

11

In section 26B (police efficiency: allocation of funds), for the words “joint police committee” substitute “ joint police board ”.

12

In section 26C (duty of compliance), for the words “joint police committee” substitute “ joint police board ”.

13

In section 32 (police grant)—

a

in subsection (1), for the words “joint police committees” substitute “ joint police boards ”; and

b

in subsection (2), for the words—

i

“joint police committee” substitute “ joint police board ”; and

ii

“committee” substitute “ board ”.

14

In section 32A(1) (grants for expenditure on safeguarding national security), for the words “joint police committee” substitute “ joint police board ”.

15

In section 36(5) (common services), for the words “joint police committee” and “committee” substitute “ joint police board ” and “ board ” respectively.

16

In section 51(1) (interpretation)—

a

in the definition of “amalgamation scheme”, for the words “21A” substitute “ 21B ”; and

b

for the definition of “constituent authority” substitute—

“constituent authority” means a police authority whose area is included in a combined area by virtue of an amalgamation scheme;

17

In paragraph 4 of Schedule 2, for the words “joint police committee” substitute “ joint police board ”.