The Local Governance (Scotland) Act 2004 (Commencement No. 3) Order 2006

Scottish Statutory Instruments

2006 No. 470 (C.39)

LOCAL GOVERNMENT

The Local Governance (Scotland) Act 2004 (Commencement No. 3) Order 2006

Made

13th September 2006

The Scottish Ministers, in exercise of the powers conferred by sections 16(2) and 17(2) of the Local Governance (Scotland) Act 2004(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Local Governance (Scotland) Act 2004 (Commencement No. 3) Order 2006.

Appointed day

2.  Section 3 (power to make further provision about local government elections), section 11 (pay, pensions etc. of councillors) and section 12 (severance payments for councillors) of the Local Governance (Scotland) Act 2004 shall come into force on 14th September 2006.

TOM McCABE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

13th September 2006

Explanatory Note

(This note is not part of the Order)

This Order appoints days for the coming into force of provisions of the Local Governance (Scotland) Act 2004 (“the Act”).

Article 2 provides that sections 3, 11 and 12 of the Act shall come into force on 14th September 2006. Section 3 relates to powers of the Scottish Ministers by order to make further provision about local government elections. Section 11 relates to provision for the payment by local authorities of remuneration, allowances, and expenses to members of local authorities. Section 12 relates to provision for the making by local authorities of severance payments to members of local authorities in certain circumstances.

The Act received Royal Assent on 29th July 2004. Sections 15, 16 and 17 came into force on Royal Assent. The first commencement order, the Local Governance (Scotland) Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004 (S.S.I. 2004/351), was made on 19th August 2004. The second commencement order, the Local Governance (Scotland) Act 2004 (Commencement No. 2) Order 2004 (S.S.I. 2004/558) was made on 23rd December 2004.

The provisions of the Act remaining to be commenced after the making of this Order are sections 1,2, 4 (partially), 5, 9 and 10.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provisions	Date of Commencement	S.S.I. No.
Section 4 (partially) and 6	20th August 2004	2004/351
Sections 7, 8, 13, 14, and Schedule 1	20th January 2005	2004/558

(1)

2004 asp 9.