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Local Government etc. (Scotland) Act 1994

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This is the original version (as it was originally enacted).

173Power of Secretary of State to amend and revoke schemes

(1)The Secretary of State may by order amend or revoke a scheme made under section 172 of this Act and the provisions of the said section 172 shall, so far as applicable, have effect in relation to any such amending or revoking scheme, subject to any necessary modifications and to the provisions of this section.

(2)Without prejudice to the generality of the provisions of subsection (1) above, provision may be made in an amending or revoking scheme—

(a)for altering the area for which a board (hereafter referred to as the “original board”) is constituted under the scheme, whether or not that board is dissolved by virtue of the subsequent scheme;

(b)for the dissolution and winding up of an original board;

(c)for the transfer to such board as may be specified in the subsequent scheme of staff employed by the original board;

(d)for the transfer to and, with effect from the date on which the subsequent scheme takes effect, vesting in such board or boards as may be specified in that scheme of such property, rights and liabilities of the original board as may be so specified;

(e)for any other matters incidental to or consequential on the provisions of such scheme.

(3)The power conferred on the Secretary of State by subsection (1) above may be exercised in relation to an amending or revoking scheme made or, as the case may be, approved by order under this section or section 174 of this Act.

(4)Before making a scheme under this section the Secretary of State shall consult—

(a)the bodies mentioned in section 172(10)(a) and (b)(ii) of this Act; and

(b)where the subsequent scheme alters the area of the original board, any new local authority whose area lies wholly or partly within such altered area.

(5)An order under this section shall be made by statutory instrument; and such instrument shall, where it contains provision such as is mentioned in subsection (2)(a) above, be subject to annulment in pursuance of a resolution of either House of Parliament.

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