The Local Authorities Etc. (Allowances) (Scotland) Regulations 1995

PART VII AMENDMENTS, REVOCATIONS, SAVINGS AND TRANSITIONAL PROVISIONS

Amendment of 1991 Regulations

29.  The 1991 Regulations shall be amended as set out in Schedule 5.

Revocations

30.—(1) Subject to paragraph (3) and regulation 31, the provisions specified in paragraph (2) shall be revoked with effect from 1st April 1996.

(2) The provisions referred to in paragraph (1) are—

(a) the 1991 Regulations;

(b) the Local Authorities Etc. (Allowances) (Scotland) Amendment Regulations 1992(1);

(c) the Local Authorities Etc. (Allowances) (Scotland) Amendment Regulations 1993(2);

(d) the Local Authorities Etc. (Allowances) (Scotland) Amendment Regulations 1994(3);

(e) the Local Authorities Etc. (Allowances) (Scotland) Amendment Regulations 1995(4); and

(f) Regulation 29 and Schedule 5.

(3) Paragraph (1) is without prejudice to the savings from repeal in terms of—

(a) regulation 8(2) of the said Regulations of 1993;

(b) regulation 3(2) of the said Regulations of 1994; and

(c) regulation 3(2) of the said Regulations of 1995.

Savings

31.  Without prejudice to section 16 of the Interpretation Act 1978(5) any provision of the 1991 Regulations revoked by virtue of regulation 30(1) shall continue to have effect in relation to claims made for allowances or other payments in respect of duties performed before 1st April 1996.

Transitional provisions in respect of islands councils

32.—(1) Each islands council shall revoke any scheme made by them under regulation 4(1) of the 1991 Regulations and such revocation shall have effect (notwithstanding regulation 5(1) of the 1991 Regulations) at the date on which the scheme made by that council under regulation 4(1) of these Regulations comes into effect.

(2) In the period from 6th April 1995 to the date referred to in paragraph (1), regulation 4(2) of the 1991 Regulations shall apply to that islands council as if the further scheme referred to were a scheme made under regulation 4(1) of these Regulations and from the date referred to in paragraph (1), regulations 2(2), 4 to 9, 22 and 23 of the 1991 Regulations shall cease to apply to that islands council.

(3) For the purpose of the application of regulation 12 to islands councils in respect of the year ending 31st March 1996, the standard maximum shall be the amount calculated in accordance with regulation 12(2) less the amount which that council has paid out or is already liable to pay out under a scheme made under regulation 4(1) of the 1991 Regulations.

(1)

S.I. 1992/505.

(2)

S.I. 1993/644.

(3)

S.I. 1994/630.

(4)

S.I. 1995/701.

(5)

1978 c. 30.