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Local Government (Scotland) Act 1973

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Local Government (Scotland) Act 1973 is up to date with all changes known to be in force on or before 09 December 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

F1SCHEDULE 1S

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Textual Amendments

F2SCHEDULE 2S

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Textual Amendments

SCHEDULE 3S

F41S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52—18.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F619S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F720—23.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12.

SCHEDULE 4S [F8Constitution and proceedings of Boundaries Scotland]

Textual Amendments

1(1)[F9Boundaries Scotland] shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.S

(2)The members of [F10Boundaries Scotland] shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.

(3)The Secretary of State may remove a person from membership of [F11Boundaries Scotland] if he is satisfied that that person—

(a)has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of [F11Boundaries Scotland] for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d)is otherwise unable or unfit to discharge the function of a member.

(4)The common seal of [F12Boundaries Scotland] shall be authenticated by the signature of a member of [F12Boundaries Scotland] or of some other person authorised in that behalf by [F12Boundaries Scotland].

Textual Amendments

F9Words in Sch. 4 para. 1(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

2(1)There shall be paid to each member of [F13Boundaries Scotland] such salary or fees and allowances as may from time to time be determined by the Secretary of State F14. . ..S

(2)[F15Boundaries Scotland] may pay such pension, allowance or gratuity to or in respect of any member of [F15Boundaries Scotland] on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, F14. . . determine.

(3)If a person ceases to be a member of [F16Boundaries Scotland], and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, F14. . . require [F16Boundaries Scotland] to pay to that person a sum of such amount as the Secretary of State may F14. . . determine.

Textual Amendments

F13Words in Sch. 4 para. 2(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F14Sch. 4 para. 2 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4 ; S.I. 1998/3178, art. 3

F173S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4(1)The Secretary of State may appoint, to assist and advise [F18Boundaries Scotland] in the exercise of [F19its] functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to [F20Boundaries Scotland].S

(2)There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of [F21the Treasury].

Textual Amendments

F18Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F19Word in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(10); S.S.I. 2021/124, reg. 2, sch.

F20Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(i); S.S.I. 2021/124, reg. 2, sch.

F21Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

5SAt any meeting of [F22Boundaries Scotland] three shall be the quorum.

Textual Amendments

6SAll acts done at a meeting of [F23Boundaries Scotland] shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of [F24Boundaries Scotland], be as valid as if the defect had not existed.

Textual Amendments

7SSubject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of [F25Boundaries Scotland] at and in connection with [F26its] meetings shall be such as [F27it] may from time to time determine.

Textual Amendments

Officers and servants, remuneration and expensesS

8(1)The Secretary of State may appoint a secretary to [F28Boundaries Scotland] and such other officers and servants of [F29Boundaries Scotland] as he may F30. . . determine.S

(2)Before appointing a person to be secretary to [F31Boundaries Scotland], the Secretary of State shall consult with [F31Boundaries Scotland].

(3)The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State F30. . ..

(4)[F32Boundaries Scotland] may, with the approval of the Secretary of State F30. . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

(5)[F33Boundaries Scotland] may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.

Textual Amendments

F28Words in Sch. 4 para. 8(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F30Sch. 4 para. 8 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4; S.I. 1998/3178, art. 3

9SThe expenses of [F34Boundaries Scotland] including—

(a)the salaries, fees and allowances of its members,

(b)any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,

(c)any payment of compensation to a person who ceases to be a member,

(d)the remuneration and any expenses paid to an assistant commissioner, and

(e)the remuneration and any expenses paid to the officers and servants of [F35Boundaries Scotland], and

(f)any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of [F36Boundaries Scotland],

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by [F37the Scottish Ministers.]

Textual Amendments

F35Words in Sch. 4 para. 9(e) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch.

F36Words in Sch. 4 para. 9(f) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch.

F37Words in Sch. 4 para. 9 substituted (1.7.1999) by S.I. 1999/1820 art. 4 Sch. 2 Pt. 1 para. 53(3)

Proof of documentsS

10(1)Every document purporting to be an instrument made or issued by [F38Boundaries Scotland] and to be duly sealed with the seal of [F39Boundaries Scotland] or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by [F39Boundaries Scotland].S

(2)Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of [F40Boundaries Scotland] to be a true copy of the instrument.

Textual Amendments

F38Words in Sch. 4 para. 10(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F41F41SCHEDULE 5S

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Section 28.

SCHEDULE 6S Rules to be Observed in Considering Electoral Arrangements

1(1)This Schedule applies to the consideration by the Secretary of State or [F44Boundaries Scotland] of the electoral arrangements for election of councillors of local government areas.S

(2)Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration [F45, the number [F46calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same.]]

(3)Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

(a)the desirability of fixing boundaries which are and will remain easily identifiable;

(b)any local ties which would be broken by the fixing of any particular boundary.

[F47but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.]

Textual Amendments

F45Words in Sch. 6 para. 1(2) substituted for Sch. 6 para. 1(2)(a)-(c) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(68); S.I. 1996/323, art. 4(1)(b)(c)

F46Words in Sch. 6 para. 1(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(g), 17(2); S.S.I. 2007/25, art. 2(2)

F47Words in Sch. 6 para. 1(3) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(h), 17(2); S.S.I. 2007/25, art. 2(2)

Modifications etc. (not altering text)

C1Sch. 6 para. 1(2): power to transfer or modify functions conferred (30.11.2000 for certain purposes only, otherwiseprosp.) by 2000 c. 41, ss. 19(3), 163(2)(3)

2SThe strict application of the rule stated in paragraph 1(2) F48. . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.

Textual Amendments

Section 29(8)

[F49SCHEDULE 6AU.K.Candidacy Rights of Foreign Nationals

List of countries for the purposes of section 29(8)U.K.

1This is the list of countries referred to in section 29(8)—

  • Luxembourg

  • Poland

  • Portugal

  • Spain.

Amendment of list of countriesU.K.

2The Scottish Ministers must by regulations add a country to the list in paragraph 1 where—

(a)the United Kingdom and the country intend to become parties to a relevant treaty, and

(b)section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.

3The Scottish Ministers may by regulations remove a country for the time being listed in paragraph 1 where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.

4Regulations under paragraph 2 or 3—

(a)may include incidental, supplementary, consequential, transitional, transitory or saving provision,

(b)are subject to the negative procedure.

5In this schedule—

  • ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010,

  • relevant treaty” means a treaty containing provision relating to eligibility to stand as a candidate at local government elections,

  • treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).]

Section 97.

SCHEDULE 7S Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C2Sch. 7 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Sch. 7 applied (with modifications) (25.4.2002) by The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201), art. {10(5)}

Sch. 7 applied (with modifications) (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I 2003/1), {art. 10(5)}

C3Sch. 7 modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(3), 62; S.S.I. 2003/134, art. 2(1), Sch.

1(1)A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election.S

(2)Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine.

(3)Meetings shall be held at such place, either within or without their area, as the council may direct.

(4)A special meeting may be called at any time by the [F50convener] of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.

Textual Amendments

2(1)Three clear days at least before a meeting of a council—S

(a)notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b)a summons to attend the meeting, specifying the business to be transacted thereat and signed by the proper officer of the council, shall, subject to sub-paragraph (2) below, be left at or sent F51. . . to the usual place of residence of every member of the council.

(2)If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent F51. . . to that address shall be deemed sufficient service of the summons.

(3)Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council.

(4)Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council [F52and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders], no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Textual Amendments

F51Sch. 7 para. 2 (1)(b)(2)(b) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(4), 62; S.S.I. 2003/134, art. 2(1), Sch.

Modifications etc. (not altering text)

3(1)At a meeting of a council the [F53convener], if present, shall preside.S

[F54(2)If the [F53convener] is absent from a meeting of the council, the [F53depute convener] shall preside.

(3)If the [F53convener] and [F53depute convener] are absent from a meeting of the council, another member of the council chosen by the members present shall preside.]

4(1)Subject to sub-paragraph (2)S

below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present.

(2)Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

5(1)Subject to this or any other Act [F55and to any provisions of standing orders relating to the suspension of such orders][F56or to the procedure for early removal from office of the convener or depute convener], all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council.S

(2)In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment [F55of a member of the council] to any particular office or committee, in which case the decision shall be by lot.

Textual Amendments

Modifications etc. (not altering text)

C5Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

6SThe names of the members present at a meeting of a council shall be recorded.

Modifications etc. (not altering text)

C6Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

7(1)Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.S

(2)Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

Modifications etc. (not altering text)

C7Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

8SSubject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Modifications etc. (not altering text)

C8Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

9SThe proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

Modifications etc. (not altering text)

C9Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

10S[F57(1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—

(a)a committee (including a joint committee) of a council and that committee’s members; or

(b)a sub-committee of any such committee of a council and that sub-committee’s members.

as those paragraphs apply in relation to a council and that council’s members.]

(2)Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members [F58recorded under paragraph 6 above as having been] present at the meeting shall be deemed to have been duly qualified.

[F59SCHEDULE 7AS Access to Information: Exempt Information

Textual Amendments

Modifications etc. (not altering text)

C10Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part IS Descriptions of Exempt Information

1SInformation relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

2SInformation relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

3SInformation relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

4SInformation relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

5SInformation relating to the adoption, care, fostering or education of any particular child or [F60where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.]

6SInformation relating to the financial or business affairs of any particular person (other than the authority).

7SInformation relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

8SThe amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9SAny terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10SThe identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

11SInformation relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

12SAny instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a)any legal proceedings by or against the authority, or

(b)the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

13SInformation which, if disclosed to the public, would reveal that the authority proposes—

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

14SAny action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15SThe identity of a protected informant.

Part IIS Qualifications

1SInformation relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.

2SInformation falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

[F61(a)the Companies Acts (as defined in section 2(1) of the Companies Act 2006);]

(b)the M2 Friendly Societies Act 1974;

(c)the Industrial and Provident Societies Acts 1965 to 1978; or

(d)the M3Building Societies Act 1962.

3SInformation falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.

4SInformation falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5SInformation falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6SInformation falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

Part IIIS Interpretation

1(1)In this Schedule—S

  • child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

  • disposal” in relation to property, includes the granting of an interest in or right over it;

  • employee” means a person employed under a contract of service;

  • financial or business affairs” includes contemplated, as well as past or current, activities;

  • labour relations matter” means—

(a)any of the matters specified in paragraphs (a) to (g) of section 29(1) of the M4Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b)any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • office-holder”in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • protected informant” means a person giving the authority information which tends to show that—

(a)a criminal offence,

(b)a breach of statutory duty,

(c)a breach of planning control, [F62within the meaning of section 123(1) of the Town and Country Planning (Scotland) Act 1997], or

(d)a nuisance,

has been, is being or is about to be committed;

tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M5Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).

(2)Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee [F63or relevant body] in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a)in the case of a local authority, to any committee or sub-committee of, or constituted by, the authority; [F64and]

(b)in the case of a committee or sub-committee, to—

(i)any local authority [F65or relevant body] of which it is a committee or sub-committee or by which it is constituted; and

(ii)any other committee or sub-committee of, or constituted by, that local authority [F65or relevant body] or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.]

Textual Amendments

F62Words in the definition of "protected informant" in Sch. 7A Pt. III para. 1(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 22

F64Word in Sch. 7A Pt. III para. 1(2) ceases to have effect (30.9.1996) by virtue of S.I. 1996/2778, art. 2(6)(b)

Marginal Citations

Section 97.

SCHEDULE 8S Provisions as to the [F66Accounts Commission for Scotland]

1SThe [F67Accounts Commission for Scotland] (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.

2(1)Each member of the Commission shall, subject to sub-paragraph (4)S

below, hold and vacate office in accordance with the terms of his appointment.

(2)A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

(3)A person who has held office as a member of the Commission shall be eligible for reappointment.

(4)The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

(a)has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d)is otherwise unable or unfit to discharge the function of a member.

3(1)The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission.S

(2)The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

(3)If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.

[F683ASThere may be paid to any member of the Commission F69. . . such salary or fees and allowances as may be approved by the Secretary of State][F70; and such salary, fees and allowances shall be paid by Audit Scotland].

4(1)At any meeting of the Commission [F71, including any hearing under section 103 of this Act,] the quorum shall be [F72four] or such larger number as the Commission may determine.S

(2)In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote.

(3)The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission.

(4)Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.

Textual Amendments

F72Word in Sch. 8 para. 4(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 3(13)(b); S.S.I. 2000/10, art. 2(3)

F735S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F746S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74Sch. 8 para. 6 repealed (1.4.2000) by 2000 asp 1 s. 26 Sch. 4 para. 3(13)(c); S.S.I. 2000/10, art. 2(3)

7SThe Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions F75. . .

Textual Amendments

Section 122.

X1SCHEDULE 9S Amendments with respect to Finance

Editorial Information

X1The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M6The Local Government (Scotland) Act 1947S

Marginal Citations

1SIn section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”

2SIn section 216—

(a)for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;

(b)for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;

(c)at the end there shall be inserted the following words:—

In this section—

(a)references to a joint committee or joint board shall be construed as references to a joint committee or joint board all the members of which, other than ex officio members, are appointed by one or more local authorities;

(b)prescribed” means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.

F763—5.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6SIn section 231, the words “and save as otherwise provided in any local Act”, the words “the office of the collector of the authority or at” and the word “other” shall cease to have effect.

7SIn section 232, in subsection (1), in the proviso, paragraph (c) shall cease to have effect.

F778S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9SIn section 237—

(a)subsection (2)(f) shall cease to have effect;

(b)for subsection (3) there shall be substituted the following subsection:—

(3)A demand note shall be in such form, and shall contain such information in addition to the information required by subsection (2) above, as may be prescribed by regulations made by the Secretary of State under section 1ll of the Local Government (Scotland) Act 1973.

10SIn section 238, subsection (4) shall cease to have effect.

F7811S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12SIn section 252, the words from “whether such expenses” to “county council” shall cease to have effect.

F7913—15.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16SIn section 259—

(a)in subsection (1), paragraph (a) shall cease to have effect and in the proviso, for the words “paragraphs (a) and” there shall be substituted the word “paragraph”;

(b)subsections (2) and (3) shall cease to have effect.

17SIn section 260—

(a)in subsection (1), in paragraph (e), the words “in the case of a county council or town council” shall cease to have effect;

(b)subsection (2) shall cease to have effect.

18SIn section 261—

(a)in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act” shall cease to have effect; for the words “of the council” there shall be substituted the words “of the authority”; the words from “and all money” to “pari passu” shall cease to have effect; for the words “a council” there shall be substituted the words “a local authority”; and for the words “which the council” there shall be substituted the words “which the authority”;

(b)in subsection (3), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”;

(c)in subsection (5), for the words “section seventy-one of, or the Fourth Schedule to, the M7Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the M8Housing (Scotland) Act 1966”.

Marginal Citations

19SIn section 262, in subsection (1), in paragraph (b) of the proviso, for the words “paragraph (d), (e), (f) or (g)” there shall be substituted the words “paragraph (d), (f), (g), (ga) or (gb)” and the words from “in order” to “relates” and the words from “in accordance” onwards shall cease to have effect.

20SIn section 263, in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “or under a local Act” shall cease to have effect; and for the words “the council”, in both places where they occur, there shall be substituted the words “the authority”.

21SIn section 264, subsection (4) shall cease to have effect.

22SIn section 265, in subsection (5), the words “with the sanction of the Secretary of State” shall cease to have effect.

23SIn section 266—

(a)in subsection (1), the words from “and if it appears” to the end shall cease to have effect;

(b)in subsection (3), the words “with the consent of the Secretary of State” shall cease to have effect;

(c)in subsection (4), the words “subject to obtaining the consent of the Secretary of State” and the words “with the like consent” shall cease to have effect.

24SIn section 268, in subsection (2), the words from “Where the treasurer” to the end shall cease to have effect.

25SIn section 269—

(a)in subsections (1) to (3), for the words “county council or a town council” and “county council or town council”, wherever they occur, there shall be substituted the words “local authority”; and for the words “the council”, wherever they occur, there shall be substituted the words “the authority”;

(b)in subsection (1), in the proviso, paragraph (a) shall cease to have effect.

26SIn section 271, in subsection (1), the words from “by a county council” to “section” shall cease to have effect and subsection (2) shall cease to have effect.

27SIn section 272, for the words “county council or town council” there shall be substituted the words “local authority”.

28SIn section 273—

(a)in subsections (1) to (3), for the words “county council or town council” there shall be substituted the words “local authority”;

(b)in subsection (1), for the words “the council” there shall be substituted the words “the authority”.

29SIn section 274, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and the proviso shall cease to have effect.

30SIn section 275—

(a)in subsection (1), for the words from “county council” to “that effect” there shall be substituted the words “local authority shall, as from 16th May 1975,”; and for the words “the council” there shall be substituted the words “the authority”;

(b)in subsection (2), for the word “council” there shall be substituted the word “authority”;

(c)subsection (3) shall cease to have effect;

(d)in subsection (4), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”.

31SIn section 279—

(a)the words “with consent of the Secretary of State” shall cease to have effect;

(b)in the proviso, in paragraph (i), the words from “shall require” to “fund or” shall cease to have effect;

(c)in the proviso, paragraph (ii) shall cease to have effect.

32SIn section 292, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”.

33SIn section 295, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

34SIn section 379, in subsection (1)—

(a)in the definition of “security”, for the words “a burgh” there shall be substituted the words “an islands area or district”;

(b)in the definition of “statutory borrowing power”, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

35SIn Schedule 7, in Form (1)—

(a)in Note (1), for the words “a burgh” there shall be substituted the words “an islands area or district”; and the words “of the burgh” shall cease to have effect;

(b)in Note (2), the word “district” shall cease to have effect;

(c)Note (3) shall cease to have effect.

36SIn Schedule 8—

(a)in the title, for the words “COUNTY COUNCIL OR TOWN COUNCIL” there shall be substituted the words “LOCAL AUTHORITY”;

(b)in rule 1, for the definition of “appointed day” there shall be substituted the following definition:—

appointed day” means 16th May 1975;

(c)in rule 1, for the definition of “council” there shall be substituted the following definition:—

council”means a regional, islands or district council;

(d)in rule 18, in paragraph (4), in the proviso, for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”;

(e)in rule 20, for the words from “and the auditor” to the end there shall be substituted the words “and shall be audited in accordance with Part VII of the Local Government (Scotland) Act 1973”.

The M9Local Government Act 1948S

Marginal Citations

F8037S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

38SIn section 144, subsections (3), (4) and (8) shall cease to have effect in relation to Part V of the Act.

39SIn section 145, in subsection (2)—

(a)the definitions of “large burgh” and “small burgh” shall cease to have effect;

(b)for the definition of “local authority” there shall be substituted the following definition:—

local authority” means a regional, islands or district council;.

The M10Rating and Valuation (Scotland) Act 1952S

Marginal Citations

F8140S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8241S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8342S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8443S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M11Valuation and Rating (Scotland) Act 1956S

Marginal Citations

44SIn section 1—

(a)subsections (1) to (4) shall cease to have effect;

(b)in subsection (5), for the words “section eighty-three or ninety-three of the Act of 1947” there shall be substituted the words “section 116(2) of the Local Government (Scotland) Act 1973”; and the words “under this section” shall cease to have effect;

(c)subsection (6) shall cease to have effect;

(d)in subsection (7), the words “appointed under this section” shall cease to have effect.

F8545, 46.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47SIn section 11, at the end there shall be inserted the following subsection:—

(4)Any provision of any local Act which is inconsistent with the foregoing provisions of this section shall cease to have effect.

48SIn section 21, in subsection (1), the words “are situated within the landward area of a county and” shall cease to have effect.

49SIn section 24, in subsection (4), in the definition of “separately rated area”, for the words from “a burgh”, where they first occur, to the end there shall be substituted the words “an islands area or district”.

50SIn section 43, in subsection (1), the definitions of “burgh”, “large burgh” and “rating authority” shall cease to have effect.

51SIn Schedule 4—

(a)in paragraph 10, for the words “rating authority” there shall be substituted the words “local authority”;

(b)in paragraph 11, in sub-paragraph (3), in the proviso, for the words “rating authorities”, in both places where they occur, there shall be substituted the words “local authorities”.

The M12Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958S

Marginal Citations

52SSection 8 shall cease to have effect.

The M13Local Government (Financial Provisions) (Scotland) Act 1963S

Marginal Citations

F8653S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

54SIn section 9—

(a)in subsection (1), for the word “rules” there shall be substituted the word “regulations”; and for the words “this subsection” there shall be substituted the words “section 111 of the Local Government (Scotland) Act 1973”;

(b)in subsection (3), for the words “area which is a burgh or the landward area of a county” there shall be substituted the words “district or islands area”; F87. . ..

(c)after subsection (3) there shall be inserted the following subsection:—

(3A)The standard penny rate product for any year of an area which is a region shall be taken to be an amount equal to the sum of the standard penny rate products for that year of the districts comprised in that region.;

(d)in subsection (4), for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) above” and the words “to county councils and town councils” shall cease to have effect;

(e)in subsection (6), for the words “burgh or of the landward area of a county” there shall be substituted the words “district or islands area”; and for the words “burgh or, as the case may be, the landward area”, in both places where they occur, there shall be substituted the words “district or, as the case may be, islands area”;

(f)subsection (7) shall cease to have effect.

Textual Amendments

55SIn section 19, in subsection (2), the words “the expression “local authority” includes a district council, and” shall cease to have effect.

56SIn section 20, subsection (2) shall cease to have effect.

57SIn section 21—

(a)in subsection (1), for the words “county council” there shall be substituted the words “regional council”; for the words “the county”, where they first occur, there shall be substituted the words “the region”; for the words “the expenditure” there shall be substituted the words “the relevant local expenditure”; and for the words from “relevant” onwards there shall be substituted the words “sum of the relevant local expenditures for that year of the regional council and the councils of each district in the region”,

(b)subsection (2) shall cease to have effect;

(c)for subsection (3) there shall be substituted the following subsection:—

(3)In this section “relevant local expenditure” has the same meaning as in paragraph 5 of Part II of Schedule 1 to the Local Government (Scotland) Act 1966.

58SIn section 26(2), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

The M14Local Government (Development and Finance) (Scotland) Act 1964S

Marginal Citations

59SIn section 8, subsections (2) and (5) shall cease to have effect.

60SIn section 9—

(a)in subsection (1), paragraph (b) shall cease to have effect;

(b)subsections (2) and (4) shall cease to have effect.

61SIn section 10, subsection (2) shall cease to have effect.

The M15Rating Act 1966S

Marginal Citations

62SIn section 2—

(a)in subsection (5), for the words “section 5 of this Act)” there shall be substituted the words “the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973, including that scheme as varied under section 114 of that Act)”;

(b)in subsection (12), in paragraph (b), the words from “or any corresponding provision” to the end shall cease to have effect.

63SIn section 4, in subsection (5), the words “or any provision for like purposes contained in any local Act” and the words from “or any such provision” to the end shall cease to have effect.

F8864S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M16Local Government (Scotland) Act 1966S

Marginal Citations

65SIn section 2, in subsection (2), in paragraph (b), the words “and grants under the Rating Act 1966” shall cease to have effect.

66SIn section 6, in subsection (2), for the words “a county” there shall be substituted the words “the area of any local authority”; and for the words “the county” there shall be substituted the words “that area”.

67SIn section 7, in subsection (1), for the words “local authority” there shall be substituted the words “rating authority” and at the end there shall be inserted the following words:—

In this subsection the words “the amount of the rate”, in relation to a regional council, mean the aggregate amount of the regional rate and the district rate.

68SIn section 46(1), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

69SIn Schedule 1, in Part I—

(a)in paragraph 1, for the words “first be apportioned to all counties and those burghs which are counties of cities” there shall be substituted the words “be apportioned to all regions, islands areas and districts”;

(b)paragraph 2 shall cease to have effect;

(c)in paragraph 5, in sub-paragraph (2), the words from “and joint” to “constituent councils” shall cease to have effect; for the words “the local authorities” there shall be substituted the words “such classes of local authority as may be specified in the regulations”; and for the words “each authority” there shall be substituted the words “such authorities as may be so specified”.

70SIn Schedule 1, in Part II—

(a)in paragraph 1, the words from “shall be payable” to “burgh, but” shall cease to have effect;

(b)paragraph 3 shall cease to have effect;

(c)in paragraph 4, in sub-paragraph (1), for the words “county council or town council” there shall be substituted the words “islands or district council”.

(d)for paragraph 5 there shall be substituted the following paragraph:—

5For the purposes of this Part of this Schedule the relevant local expenditure in relation to a regional, islands or district council for any year is so much of the council’s total expenditure for the year as would fall to be met out of the regional rate, the general rate or the district rate respectively if no resources element were payable to that council.

71SIn Schedule 1, in Part III, in paragraphs 2 and 3, for the words “local authority” there shall be substituted the words “rating authority”.

72SIn Schedule 2—

(a)in paragraph 19, in head (a), the words “and, where appropriate, the separately rated areas” shall cease to have effect;

(b)paragraph 22 shall cease to have effect;

(c)in paragraph 27, the definition of “burgh” shall cease to have effect; in the definition of “rating area”, for the words from “of”, where it first occurs, to the end there shall be substituted the words “of an islands council or of a district council”; and the definition of “separately rated area” shall cease to have effect.

F8973S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M17Post Office Act 1969S

Marginal Citations

74SIn section 53—

(a)for subsection (5) there shall be substituted the following subsection:—

(5)An order under subsection (1) above for the purposes of the valuation roll for the year 1971-72 may be varied by a subsequent order, made in the like manner, so as to include, with respect to the years 1976-77 and 1977-78, any such provision as is authorised by subsection (3) above to be included therein.;

(b)for subsection (7) there shall be substituted the following subsection:—

(7)Expressions used in this section and in the Local Government (Scotland) Act 1966 have the same meanings in this section as in that Act.

F90SCHEDULE 10S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98SCHEDULE 11S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 130.

X2SCHEDULE 12S Amendment of Enactments Relating to Housing

Editorial Information

X2The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F991S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1002S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M18Housing and Town Development (Scotland) Act 1957S

Marginal Citations

3SIn section 16(5) (provision for failure to carry out duties under overspill agreements or town development schemes), for the words “three hundred and fifty-five of the M19Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.

Marginal Citations

F1014S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1025S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1036—10.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10411S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10512—19.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M20Housing Subsidies Act 1967S

Marginal Citations

20SIn section 27(1)(a)(ii) (qualifying lenders), for the words “county councils and town” there shall be substituted the words “regional, islands and district”.

F10621, 22.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10723S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10824S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109Schedule 13S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112Schedule 14S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 134.

X3SCHEDULE 15S Amendment of Enactments Relating to Building

Editorial Information

X3The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F133Part IS The M28Building (Scotland) Act 1959

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

Part IIS Other Enactments

F13425S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13526S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13627S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13728S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29SIn the M30Thermal Insulation (Industrial Buildings) Act 1957—

(a)in section 12(2) (application to Scotland) for the words from “in a burgh” to the end there shall be substituted the words “the local authority within the meaning of the Building (Scotland) Act 1959”;

(b)in sections 2 and 3(1) (as set out in their application to Scotland in sub-paragraphs (1) and (2) respectively of paragraph 6 of Schedule 9 to the M31Building (Scotland) Act 1959), for the words “buildings authority” there shall be substituted the words “local authority”;

(c)in section 4(3) (as set out in its application to Scotland in subsection (5) of section 12 and as amended by subparagraph (3) of paragraph 6 of the said Schedule 9), for the reference to the dean of guild court and a buildings authority there shall be substituted a reference to the local authority and the words “or, as the case may be, the plans of the building were approved by the local authority” shall cease to have effect;

(d)in section 8(1) (as set out in its application to Scotland in subsection (8) of section 12), for the words from “sections three hundred” to “1947” there shall be substituted the words “sections 192 and 193 of, and paragraph 7 of Schedule 7 to, the Local Government (Scotland) Act 1973”.

Marginal Citations

30SF138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 135.

X4Schedule 16S Amendment of Enactments Relating to River Purification

Editorial Information

X4The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M32Rivers (Prevention of Pollution) (Scotland) Act 1951S

Marginal Citations

F1391S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1402S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1413S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1424S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1435S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6SIn section 18(3) (provision of information), for the words from “fees” to the end there shall be substituted the words “reasonable fees as may be determined by the river purification authority”.

F1447S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1458S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1469S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14710S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 148.

X5SCHEDULE 17U.K. Amendment of Enactments relating to Water

Editorial Information

X5The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

GeneralS

[F1481(1)Notwithstanding any other provision of this Act or any order made thereunder, any reference in any enactment, order, scheme, regulations, awards or byelaws passed or made before the coming into force of this Act—S

(a)in unspecified terms to a regional water board or the region of such a board (or any expression construed as such a reference by virtue 6 of paragraph 2 of Schedule 2 to the M33Water (Scotland) Act 1967) F149. . . shall be construed respectively as a reference to a water authority or to the limits of supply of such an authority F149. . .;

(b)to a particular regional water board or the region of such a board (or any expression construed as aforesaid) shall be construed respectively as a reference to the water authority responsible for the water undertaking to which the enactment relates or to the limits of supply of such an authority.

(2)If there is any doubt as to the identity of the water authority referred to in sub-paragraph (1)(b) above, that authority shall be taken to be such authority as may be specified in a direction given by the Secretary of State.]

The Rural Water Supplies and Sewerage Act 1944S

F1502S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1513—63.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F152 The Water Act 1973]U.K.

[F15364U.K.In the Water Act M341973 any reference to a regional water board shall be construed as a reference to water authority.]

Textual Amendments

Marginal Citations

Section 150.

X6SCHEDULE 18S Amendment of certain Enactments Relating to Transport

Editorial Information

X6The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IS Amendment of the M35Transport Act 1968

Marginal Citations

1SIn section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—

F154(a)—(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in subsection (5), for the words “constituent areas” there shall be substituted the words “each of the districts comprised in the region in which the designated area is situated”;

F154(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

2SIn section 10 (powers of Executive), the following amendments shall be made—

(a)in subsection (1)(xvi), the words “and the consent of the Minister” shall cease to have effect;

(b)for the word “county”, in both places where it occurs, there shall be substituted the word “region”.

3SIn section 11 (financial duty of Passenger Transport Executives) in subsection (1), for the words “section 13(3)” there shall be substituted the words “section 13(2)” and after subsection (3) there shall be inserted the following subsection:—

(3A)Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.

4SSection 11(4) shall cease to have effect.

5SFor section 13 there shall be substituted the following section—

13 Power of regional councils to make grants.

(1)Without prejudice to any other power of a regional council to make grants for transport purposes, a regional council who are the Authority shall have power to make grants to the Executive for any purpose.

(2)The regional council shall from time to time by notice in writing to the Executive specify the amount of the grants which the council propose to make to the Executive in respect of expenditure incurred during any accounting period..

6SIn section 14 (accounts of Executive), the following amendments shall be made—

(a)in subsection (1)(b), for the word “Minister” there shall be substituted the word “Authority”;

(b)in subsection (3), after the word “Minister” there shall be inserted the word “and” and the words “and to each of the councils of constituent areas” shall be omitted.

7SIn section 15 (further functions of Authority), the following amendments shall be made—

(a)in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs:—

(b)such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;

(c)any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account.

(b)in subsection (2), for the words from “to be raised” to “of this Act” there shall be substituted the words “of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act”.

F155(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8SAfter section 15 there shall be inserted the following section:—

15A Additional provisions as to control of executive by Authority.

(1)In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.

(2)The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.

(3)The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority..

9SIn section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “as the Authority consider appropriate” and in the said section 16, in subsection (2), the words from “and (d)” onwards, and subsections (3), (4) and (5) shall cease to have effect.

F15610, 11.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12SIn section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “or an Authority for a designated area”.

13SIn section 26(1)(b) (powers of Scottish Group), for the words from “counties” onwards there shall be substituted the words “Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae.”.

14SFor section 34 there shall be substituted the following section—

34 Assistance for rural bus or ferry service.

(1)A regional, islands or district council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(2)A regional or islands council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any ferry service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(3)The Secretary of State may, with the approval of the Treasury, make grants in such cases and subject to such conditions as he thinks fit to any of the councils aforesaid in respect of expenditure incurred by that council in making grants under subsection (1) or (2) above, and any grant under this subsection in respect of expenditure in connection with a bus service shall be of an amount equal to half the expenditure in respect of which the grant is made.

(4)The Secretary of State may, with the approval of the Treasury make grants in such cases and subject to such conditions as he thinks fit to regional or islands councils in respect of expenditure incurred by such a council in providing a ferry service which in the opinion of the council is or will be for the benefit of persons residing in rural areas..

15SIn section 35(1)(b)(iv), for the words “county or town” there shall be substituted the words “regional, islands or district”.

16SIn section 56(6)(d), for the words “county, town or district” there shall be substituted the words “regional or islands”.

17SSection 58 shall be omitted.

F15718S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157Sch. 18 para. 18 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2 (with transitional provisions in Sch.)

19SFor section 115(3) there shall be substituted the following subsection—

(3)In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council..

F15820S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F159(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

(2)In Part II of that Schedule, in paragraph 1, for the words “establishment of that Authority” there shall be substituted the words “area has been designated”, and in paragraph 2, for the words “any of the councils of constituent areas”, in each place where they occur, there shall be substituted the words “the regional council for the designated area”.

(3)In Part III of that Schedule, in paragraph 1, for the words “dates on which the Authority and Executive respectively are”, there shall be substituted the words “date on which the Executive is”; and there shall be omitted from the remainder of that Part of that Schedule—

(a)paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17;

(b)in paragraphs 6, 7 and 9 the words “the Authority and” and “respectively”, in each place where they occur;

(c)in paragraph 8 the words “the Authority or” and “the Chairman of the Authority, or as the case may be”;

(d)in paragraph 11, the words “the Authority or” in subparagraph (a) and “the Authority” in sub-paragraph (b); and

(e)in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur.

Part IIS Amendment of Miscellaneous enactments Relating to Transport

The M36Light Railways Act 1896S

Marginal Citations

22SIn section 26(2), for the words from “to the county” onwards there shall be substituted the words “to a regional, islands or district council”.

The M37Road Traffic Act 1930S

Marginal Citations

23SIn section 108(1), in the definition of “district”, for the words from “county” onwards there shall be substituted the words “region or islands area”.

24SIn section 109(a), for the words “the Town Council of a burgh” there shall be substituted the words “a regional or islands council”.

The M38Transport Charges Etc. (Miscellaneous Provisions) Act 1954S

Marginal Citations

25SIn section 6(1)(c) (revision of charges by independent harbour undertakings), for the words from “or an undertaking” to “applies” there shall be substituted the words “or a ferry undertaking which is operated by or on behalf of a Passenger Transport Executive or a regional or islands council or two or more such councils acting in combination”.

F16026S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16127, 28.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M39Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958S

29In section 7(1), in the definition of “local authority”, for the words “county” onwards there shall be substituted the words “regional, islands or district council”.

Marginal Citations

F16230—35.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36SIn section 156(4), for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

Section 154

X7Schedule 19S Amendment of Enactments Relating to Piers, Harbours, Etc.

Editorial Information

X7The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M40Harbours, Docks and Piers Clauses Act 1847S

Marginal Citations

F1631S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163Sch. 19 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1

2SIn section 7 (correction of errors), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the regional or islands council within whose area the lands are situated”.

3SIn section 8 (works not to proceed unless plans deposited), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the council of any region or islands area” and for the words “royal burghs” there shall be substituted the words “areas of such councils”.

4SIn section 9 (receipt and inspection of plan), for the words “schoolmasters and town clerks” there shall be substituted the words “and proper officers”.

The M41General Pier and Harbour Act 1861, Amendment Act 1862S

Marginal Citations

F1645S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M42Congested Districts (Scotland) Act 1897S

Marginal Citations

6SIn section 10 (definitions), in the definition of “congested district”, for the words from “any crofting”, onwards there shall be substituted the words “any place within the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

The M43Harbours, Piers and Ferries (Scotland) Act 1937S

Marginal Citations

7SFor section 1(2) (transfer of harbours to local authorities), there shall be substituted the following subsection:—

(2)A local authority may accept a transfer of a marine work which is wholly or partly situated within their area, but where the marine work is partly situated within the area of another local authority they may only do so with the agreement of that other authority, or failing such agreement, with the consent of the Secretary of State.

F1658S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9SIn section 7(1)(b) (minor works), for the words from “any of” to “therein” there shall be substituted the words “the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

10SFor section 18 (responsibility for deficiency), there shall be subtituted the following section:—

18 Responsibility for deficiency.

Any deficiency which is required to be met out of rates in pursuance of section 16 of this Act shall be met by the regional or islands council in whom the marine work is vested, or in the case of a marine work vested in two or more such councils in combination, by those councils in such proportions as may be fixed by the combination agreement.

11SIn section 21 (borrowing), the following amendments shall be made—

(a)in subsection (1), for the words “county or town council” there shall be substituted the words “local authority”;

(b)in subsection (3), for the words “county or town council” there shall be substituted the words “local authority”.

12SIn section 31(1) (interpretation), in the definition of “harbour authority”, for the words “pier or ferry” there shall be substituted the words “or pier” and, in the definition of “local authority”, for the words “county or a town” there shall be substituted the words “regional or islands”.

13SFor Schedule 3 there shall be substituted the following Schedule:—

Schedule 3S

The Clyde Port Authority.

The Forth Ports Authority.

The Aberdeen Harbour Commissioners.

The Trustees of the Harbour of Dundee.

The M44Highlands and Islands Shipping Services Act 1960S

Marginal Citations

14SIn section 5 (interpretation), in the definition of “Highlands and Islands” for the word “counties” there shall be substituted the word “areas” and the words from “inclusive” onwards shall cease to have effect.

15SFor the Schedule there sball be substituted the following Schedule:—

ScheduleS Areas to which Section One Applies

The Highland Region.S

The Islands Areas of Orkney, Shetland and the Western Isles.

Argyll DistrictS

In the Cunninghame District, the former burgh of Millport, and the former districts of Arran and Cumbrae.

The M45Harbours Act 1964S

Marginal Citations

16SIn section 57(1) (interpretation), in the definition of “marine work”, the following amendments shall be made—

(a)for the words from “means” to “1937” there shall be substituted the words “means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group)”;

(b)in paragraph (b), for the words from “counties” to “Zetland” there shall be substituted the following words “areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute” and for the word “counties” where second occurring, there shall be substituted the word “areas”.

F166SCHEDULE 20S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 163.

SCHEDULE 21S Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries

The M46Public Libraries Consolidation (Scotland) Act 1887S

Marginal Citations

1SThe whole Act shall cease to have effect except sections 1, 2, 3, 10, 21, 22, 24, 28, 31 and 32 which shall have effect subject to amendments thereto set out in the following provisions of this Schedule.

X82SFor section 2 (definitions) there shall be substituted the following section—

2 Interpretation.

In this Act, except where the context otherwise requires—

library authority” for the purposes of this Act means an islands or district council except that within the Highland, Borders and Dumfries and Galloway regions it means the appropriate regional council, and “area”, in relation to such an authority, shall be construed accordingly.

museum and art gallery authority” for the purposes of this Act means a regional, islands or district council, and “area”, in relation to such an authority, shall be construed accordingly..

Editorial Information

X8The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X93SIn section 10 (lands, etc., may be purchased or rented)—

(a)for the words “magistrates and council or board” there shall be substituted the words “library authority or museum and art gallery authority”;

(b)for the words “schools for science, art galleries, and schools for art” there shall be substituted the words “and art galleries”.

Editorial Information

X9The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X104SIn section 21 (powers of committee)—

(a)for any reference to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority, whichever is appropriate in the context;

(b)for the words “and museums” and “or museums”, wherever they occur, there shall be substituted the words “or museums or art galleries”;

(c)the first and second paragraphs shall cease to have effect;

(d) in the third paragraph, after the word “science” there shall be inserted the words “gramophone records, tape recordings and films”;

(e)in the seventh paragraph, for the words from “for the purpose of” to “appointed” there shall be substituted the words “to inhabitants of the area of the authority”, for the words “burgh or parish”, wherever else they occur, there shall be substituted the word “area” and the words “may not be a householder, and” shall cease to have effect.

Editorial Information

X10The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X115SIn section 22 (power of committee to make byelaws)—

(a)for the first two references to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority;

(b)the words between “Scotland” and “and shall” shall cease to have effect;

(c)for the words from “of the county” to “situated” there shall be substituted the words “exercising jurisdiction in the area of the authority”;

(d)for the words “magistrates and council, or board” where they last occur, there shall be substituted the words “library authority or museum and art gallery authority”;

Editorial Information

X11The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X126SFor section 24 (exhibition of byelaws previous to confirmation), there shall be substituted the following section—

24 Exhibition of byelaws and proposed byelaws.

A copy of proposed byelaws and a copy of byelaws which have been made by a library authority or a museums and art gallery authority under section 22 of this Act shall be put up in some conspicuous place in each of the libraries, or, as the case may be, the museums or art galleries, of the authority.

Editorial Information

X12The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X137SIn section 28 (recovery of penalties and forfeitures)—

(a)for the words from “name of” to “district” there shall be substituted the words “name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority”;

(b)for any reference to the committee there shall be substituted a reference to the library authority or museum and art gallery authority;

(c)the words “clerk or other” shall cease to have effect.

Editorial Information

X13The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M47Public Libraries (Scotland) Act 1920S

Marginal Citations

X148SThe whole Act shall cease to have effect.

Editorial Information

X14The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M48Public Libraries (Scotland) Act 1955S

Marginal Citations

X159SSection 3 (revocation of decision to adopt the principal Act) shall cease to have effect.

Editorial Information

X15The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X1610SIn section 5(1) (interpretation), for the definition of “statutory library authority” there shall be substituted the following definition—

statutory library authority” means a library authority as defined in section 2 of the Public Libraries Consolidation (Scotland) Act 1887 or any body authorised by any other enactment (including any enactment contained in a local Act) to provide library services.

Editorial Information

X16The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M49Education (Scotland) Act 1962S

Marginal Citations

X1711SIn section 12(1) (county library service)—

(a)the words “of a county”, the words “not only” and the words from “but also” to the end shall cease to have effect;

(b)for the words “the education” there shall be substituted the words “an education”.

(c)for the words “in the county” there shall be substituted the words “in the region or islands area, as the case may be”.

Editorial Information

X17The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M50Education (Scotland) Act 1969S

Marginal Citations

X1812SIn section 2(1) (provision of museums by education authorities), the words “(other than the town council of a burgh being a county of a city)” shall cease to have effect, and, in paragraph (e), for the words from “the town” to the end there shall be substituted the words “any other body”.

Editorial Information

X18The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F168SCHEDULE 22S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 184.

X19Schedule 23S Amendment of Enactments Relating to Planning

Editorial Information

X19The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F1731S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173Sch. 23 para. 1 repealed by Ancient Monuments and Archaeological Areas Act (c. 46), Sch. 5

The M51Caravan Sites and Control of Development Act 1960S

Marginal Citations

M511960 C. 62.

2SIn section 32(1) (application of Part I to Scotland), the following amendments shall be made—

F174(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (k)(i), for the words from “in relation” to “county council” there shall be substituted the words “a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.

The M52Town and Country Planning (Scotland) Act 1947S

Marginal Citations

3SIn section 113(1) (interpretation), the following amendments shall be made—

(a)in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”;

(b)in the definition of “planning authority”, for the words “section 2 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”.

The M53Town and Country Planning (Scotland) Act 1959S

Marginal Citations

4SIn section 27 (powers of disposal of land), the following amendments shall be made—

(a)for subsection (4) there shall be substituted the following subsection—

(4)Subject to the provisions of this Act, section 74(2) of the Local Government (Scotland) Act 1973 (consideration for disposal of land) shall apply to any disposal of land by an authority to whom this Part of this Act applies in the exercise of a power in relation to which subsection (1) of this section has effect (not being a power under Part VI of the said Act of 1973) as it applies to the like disposal of land by a local authority in the exercise of any power under the said Part VI.

(b)in subsection (5)(c), for the words from “subsection” to “1947” there shall be substituted the words “section 75(1) of the Local Government (Scotland) Act 1973”.

5SIn Schedule 4 (Authorities to whom Part II applies), the following amendments shall be made—

(a)in paragraph 1, for the word “1947” there shall be substituted the word “1973”;

(b)in paragraph 2, for the word “1947”, where first occurring, there shall be substituted the word “1973”;

F175(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for paragraph 4 there shall be substituted the following paragraph—

4A river purification authority for the purposes of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.

The M54Civic Amenities Act 1967S

Marginal Citations

F1766S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F176Sch. 23 para. 6 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

The M55New Towns (Scotland) Act 1968S

Marginal Citations

7SIn section 6(1) (planning control in new towns), for the words “local planning” there shall be substituted the words “district planning”.

8SIn section 23(2)(i) (extinguishment of public rights of way), for the words “local planning” there shall be substituted the words “district planning” and after the word “situated” there shall be inserted the words “and on any other local authority who appear to him to be concerned”.

9SIn section 35(2) (development corporations may transfer undertaking), for the words “county or burgh” there shall be substituted the words “region, islands area or district”.

10SIn section 36(2)(a)(i) (winding up of development corporations), for the words “county or town council of the burgh” there shall be substituted the words “region, islands area or district”.

11SIn section 41(2) (application of certain enactments), for the words “county council” there shall be substituted the words “regional or islands council concerned”.

12SIn section 47(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”, in the definition of “local highway authority”, for the words from “a highway” onwards there shall be substituted the words “a regional council”, in the definition of “planning authority”, for the word “1947” there shall be substituted the word “1972” and at the appropriate place in alphabetical order there shall be inserted the following definitions—

regional planning authority” and “district planning authority” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;.

13SIn Schedule 1 (procedure for designating site of new town), in paragraph 2, for the words “county or on the town council of the burgh” there shall be substituted the words “region, islands area or district”.

F17714S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17815S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M56Town and Country Planning (Scotland) Act 1972S

Marginal Citations

F17916S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179Sch. 23 para. 16 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18017S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F180Sch. 23 para. 17 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18118S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F181Sch. 23 para. 18 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18219S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F182Sch. 23 para. 19 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18320S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F183Sch. 23 para. 20 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18421S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184Sch. 23 para. 21 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18522S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F185Sch. 23 para. 22 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18623S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186Sch. 23 para. 23 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18724S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F187Sch. 23 para. 24 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18825S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F188Sch. 23 para. 25 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18926S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189Sch. 23 para. 26 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19027S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190Sch. 23 para. 27 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19128S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F191Sch. 23 para. 28 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19229S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192Sch. 23 para. 29 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19330U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193Sch. 23 para. 30 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19431S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F194Sch. 23 para. 31 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19532S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F195Sch. 23 para. 32 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19633S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196Sch. 23 para. 33 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F19734S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197Sch. 23 para. 34 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Sections 186, 187, 188.

X20Schedule 24S Amendment of Enactments Relating to Licensing, etc.

Editorial Information

X20The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IS

F1981—24.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIS Betting, Gaming and Lotteries

The M57Betting, Gaming and Lotteries Act 1963S

Marginal Citations

25(1)In Schedule 1 (Bookmaker’s Permits, betting agency Permits and betting office licences), in paragraph 1(b) the words “ or 2 ” shall cease to have effect.S

(2)In paragraph 2 of that Schedule, in the definition of “appropriate local authority” for sub-paragraph (b), there shall be substituted the following sub-paragraph—

(b)in Scotland,

(i)where the relevant premises are, or are to be, situated in an islands area, the council for that area;

(ii)in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;.

26SIn Schedule 2 (Registered pool promoters), in paragraph 1(1)(b), for the words “any county or large burgh” there shall be substituted the words “ an islands area or district ”; and paragraph 1(2), (3), (4) and (6) and paragraphs 2 and 3 shall cease to have effect.

27(1)In Schedule 3 (Licensing of tracks for betting), in paragraph 1 for the words “Paragraphs 1, 2 and 3” there shall be substituted the words “ Paragraph 1 ”, in head (b) of that paragraph for the words “those paragraphs” there shall be substituted the words “ that paragraph ”, and in head (b) of paragraph 2 the words “ or committee ”shall cease to have effect.S

(2)In paragraph 5(2)(b) of that Schedule, for sub-heads (i) and (ii), there shall be substituted the following—

(i)the council of any islands area or district within which the track or any part thereof is situated; and

(ii)the general planning authority or district planning authority for any area which includes the track or any part thereof;;

and at the end of sub-paragraph (2) there shall be inserted the following words “ and for the purposes of this and the next succeeding paragraph “general planning authority” and “district planning authority” have the meanings conferred on them by section 172 of the Local Government (Scotland) Act 1973. ”.

(3)For paragraph 6(3) of that Schedule there shall be substituted the following sub-paragraph—

(3)The authorities referred to in sub-paragraph (1)(e) of this paragraph are—

(a)the general planning authority or district planning authority for any area which includes the track or any part thereof;

(b)the council of any region (not being a general planning authority) which includes the track or any part thereof;

(c)any other local authority whose area adjoins any district which includes the track or any part thereof,

where that authority or council are not the licensing authority.

F19928, 29.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M58Gaming Act 1968S

Marginal Citations

30SIn section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for the words “a county council, town council” there shall be substituted the words “ a regional council, islands council ”.

31SIn Schedule 2 (Grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for paragraph (b) there shall be substituted the following—

(b)in Scotland,

(i)where the relevant premises are, or are to be, situated in an islands area, the council for that area;

(ii)in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;.

32SIn Schedule 9 (Permits under section 34), in paragraph 1(d), for the words from “where” to “county” there shall be substituted the words “ means the council of the islands area or district ”; and paragraph 2 shall cease to have effect.

Part IIIS Miscellaneous Licensing, Registration and Related Matters

F20033S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M59Performing Animals (Regulation) Act 1925S

Marginal Citations

34SIn section 6(a)(definition of local authority), for the words “a county council or a town council”; there shall be substituted the words “ an islands or district council ” and the words from “ and any expenses ” onwards shall cease to have effect.

F20135S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M60Methylated Spirits (Sale by Retail) (Scotland) Act 1937S

Marginal Citations

36SF202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M61House to House Collections Act 1939S

Marginal Citations

37SIn section 10 (application to Scotland), for paragraph (a) there shall be substituted the following paragraph:—

(a)sections 1, 2 and 4 shall apply as if for references to the police authority for the police area comprising a locality and to the chief officer of police of such an area there were substituted respectively references to the islands or district council for the area comprising a locality and to the proper officer of such a council;

and paragraph (e) shall cease to have effect.

The M62War Charities Act 1940S

Marginal Citations

38SIn section 12 (application to Scotland), for paragraph (e) there shall be substituted the following paragraph:—

(e)section 7 shall apply as if for the words in subsection (1), “a police authority”, there were substituted the words “ a regional or islands council ” and for the words “the authority” there were substituted the words “ the council ”; and as if for the words in subsection (2) “chief officer of police for the police area” there were substituted the words “ proper officer of the council of the region or islands area ”;

and in paragraph (g) for the words “county or town council” there shall be substituted the words “ regional or islands council ”.

The M63Pet Animals Act 1951S

Marginal Citations

39SIn section 7(3), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The M64Hypnotism Act 1952S

Marginal Citations

40SIn section 2(4)(b) (meaning of controlling authority), for the words “the council of the county or burgh” there shall be substituted the words “ the islands or district council for the area ”.

The M65Animal Boarding Establishments Act 1963S

Marginal Citations

41SIn section 5(2) (interpretation), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The M66Riding Establishments Act 1964S

Marginal Citations

42SIn section 6(4), in the definition of “local authority”, for the words “county or any burgh” there shall be substituted the words “ islands area or district ”.

The M67Local Government (Scotland) Act 1966S

Marginal Citations

43SIn section 44 (game licences), for the words “local authorities” in both places where they occur, there shall be substituted the words “ islands and district councils ”.

M68Sale of Venison (Scotland) Act 1968S

Marginal Citations

44SIn section 3 (interpretation), for the definition of “local authority”, there shall be substituted the following definition—

local authority”means an islands or district council;.

The M69Theatres Act 1968S

Marginal Citations

45SIn section 15(1) (powers of entry), the words from “ and in relation ” onwards shall cease to have effect, and in section 18(1) (interpretation), in the definition of “licensing authority”, in paragraph (c), for the words from “as respects” onwards there shall be substituted the words “ the islands or district council. ”.

The M70Vehicle and Driving Licences Act 1969S

Marginal Citations

F20346S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203Sch. 24 para. 46 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 1

The M71Poisons Act 1972S

Marginal Citations

47SIn section 11(2), in the definition of “local authority”, for paragraph (b) there shall be substituted the following paragraph—

(b)in relation to Scotland, the council of a region or islands area;.

Section 209.

X21Schedule 25S Relaxation of Controls

Editorial Information

X21The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M72Roads and Bridges (Scotland) Amendment Act 1892S

Marginal Citations

1SSection 5 (preservation of lands from injury) shall cease to have effect.

The M73Burgh Police (Scotland) Act 1892S

Marginal Citations

2SIn section 396 (terms of licence for theatres, etc.) for the words from the beginning to “£5” there shall be substituted the words “ A reasonable fee set by the issuing authority shall be payable for each licence ”.

3SIn section 433 (brokers’ licences), for the words “sum not exceeding two shillings and sixpence” there shall be substituted the words “ reasonable sum set by the issuing authority ”.

The M74Burgh Police (Scotland) Act 1903S

Marginal Citations

4SIn section 81 (licensing of billiard halls), for the words from “fee” to “shillings” there shall be substituted the words “ reasonable fee set by the issuing authority shall be payable ”.

5SIn section 98(2) (application of Parts I and II), the words from “ intimated ” to “ Scotland and ” shall cease to have effect.

The M75Milk and Dairies (Scotland) Act 1914S

Marginal Citations

6SIn section 28 (milk depots), the words “ subject to the consent of the Board ” shall cease to have effect.

The M76Performing Animals (Regulation) Act 1925S

Marginal Citations

7SIn section I (restriction on exhibition, etc., of performing animals), the following amendments shall be made—

(a)in subsection (2), for the words “the prescribed fee” there shall be substituted the words “ such fee as appears to the local authority to be appropriate ”;

(b)in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur, shall cease to have effect;

(c)in subsection (7), the words “ subject to payment of the prescribed fee ” shall cease to have effect;

(d)at the end there shall be added the following subsection—

(8)A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them.

8SIn section 5(3) (interpretation etc.), the words from “ and the fee ” onwards shall cease to have effect.

The M77Roads Improvement Act 1925S

Marginal Citations

9SIn section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.

The M78Slaughter of Animals (Scotland) Act 1928S

Marginal Citations

10SIn section 2(5) (fees for licences), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ” shall cease to have effect.

The M79Bridges Act 1929S

Marginal Citations

11SIn section 7(3) (arbitrations, etc.), the words from “ and any question ” onwards shall cease to have effect.

12SIn section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.

The M80Road Traffic Act 1930S

Marginal Citations

13SIn section 53 (tolls), the following amendments shall be made—

(a)in subsection (2)(b), the words from “ but a right ” onwards shall cease to have effect;

(b)in subsection (6), the words “ subject to the approval of the Minister ” shall cease to have effect.

14SIn section 56 (removal of structures from highways, the following amendments shall be made—

(a)subsection (2) shall cease to have effect;

(b)in subsection (3), the words from “ or if ” onwards shall cease to have effect.

F20415S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M81Harbours, Piers and Ferries (Scotland) Act 1937S

Marginal Citations

16SIn section 10(5) (application of 1847 Act), the words from “ and if ” onwards shall cease to have effect.

The M82Methylated Spirits (Sale by Retail) (Scotland) Act 1937S

Marginal Citations

17SF205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20618—23S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20724S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M83Highways (Provision of Cattle-Grids) Act 1950S

Marginal Citations

25SSections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.

The M84Pet Animals Act 1951S

Marginal Citations

F20826S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M85Food and Drugs (Scotland) Act 1956S

Marginal Citations

27SIn section 21 (provision of cold stores by local authority), in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards shall cease to have effect, and subsections (2) and (3) shall cease to have effect.

28SSection 22(2) (notification of cases of food poisoning) shall cease to have effect.

F20929—31.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M86Animal Boarding Establishments Act 1963S

Marginal Citations

32SIn section 1(2) (licensing of boarding establishments for animals), the words “ not exceeding £2 ” shall cease to have effect.

The M87Riding Establishments Act 1964S

Marginal Citations

33SIn section 1(2) (licensing of riding establishments), for the words “a fee not exceeding £10” there shall be substituted the words “ such fee as may be set by the local authority ”.

F21034—38.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21139S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M88Countryside (Scotland) Act 1967S

Marginal Citations

40SIn section 41(1)(b) (ferries for purposes of long-distance routes), the words “ with the approval of the Secretary of State ” shall cease to have effect.

The M89Social Work (Scotland) Act 1968S

Marginal Citations

F21241S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M90Transport Act 1968S

Marginal Citations

42SIn section 12(4) (borrowing powers of Executive), the words “ with the consent of the Minister ” shall cease to have effect.

43SIn section 36 (power of local authority to run contract carriages), in subsection (2), the words “ subject to subsection (3) of this section ” shall cease to have effect, and subsections “ (3) to (8) ” shall cease to have effect.

44SIn section 37 (power for local authorities to acquire or dispose of public service vehicle undertakings), in subsection (1), the words from “ with the consent ” to “ State ” shall cease to have effect, and subsection (2) shall cease to have effect.

45SIn section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.

The M91Town and Country Planning (Scotland) Act 1972 .S

Marginal Citations

46SIn section 63(1) (proper maintenance of waste land), the words from “ then ” to “ State ” shall cease to have effect.

47SIn section 84(1) (power to serve enforcement notice), the words from “ to any ” to “ State and ” shall cease to have effect.

48SIn section 260 (default powers of Secretary of State), in subsection (1), the words from “ may give ” to “ confirmation or ” shall cease to have effect, and in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ” and the words from “ may give ” to “ notice or ” shall cease to have effect.

Section 213.

X22Schedule 26U.K. Amendments of the M92Tweed Fisheries Act 1969

Editorial Information

X22The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

1U.K.Section 3 shall cease to have effect.

2U.K.In section 5—

(a)in subsection (1), for the words “the appointed day”, in both places where they occur, there shall be substituted the words “ 16th May 1975 ”;

(b)in subsection (2), the words from “ but ” onwards shall cease to have effect;

(c)after subsection (2) there shall be inserted the following subsections—

(2A)The representatives appointed as commissioners by a local authority shall be persons appearing to the local authority to be persons sufficiently representing the interests of those respective parts of the area of that local authority as are specified in column 3 of Schedule 1 to this Act, and the number of persons appointed in respect of each part so specified shall be in accordance with the respective numbers specified in column 4 of the said Schedule 1.

(2B)Of the representatives appointed in respect of each specified part of the area of a local authority, the respective number specified in column 5 of the said Schedule I shall be persons appearing to the local authority to be persons sufficiently representing the interests of freshwater fishing associations or clubs within that part.

3U.K.In section 6(2)(a), before the word “burgh” there shall be inserted the word “ former ”.

4U.K.In section 7(3), before the word “burgh” there shall be inserted the word “ former ”.

5U.K.For Schedule 1 there shall be substituted the following Schedule—

Schedule 1U.K. Representive Commissioners

Local AuthorityNumber of RepresentativesPart of Local Authority Area representedNumber of Representatives for each part of Local Authority AreaNumber of Representativesof associations or clubs
12345
District Council of Berwickshire.9Former Burgh of Coldstream.21
Former Burgh of Duns.21
Former Burgh of Eyemouth.21
Remainder of the Council’s area.32
District Council of Roxburgh.9Former Burgh of Jedburgh.21
Former Burgh of Kelso21
Former Burgh of Hawick21
Remainder of the Council’s area.32
District Council of Ettrick and Lauderdale.11Former Burgh of Selkirk21
Former Burgh of Lauder21
Former Burgh of Galashiels.21
Former Burgh of Melrose21
Remainder of the Council’s area32
District Council of Tweeddale.5Former Burgh of Peebles21
Former Burgh of Innerleithen.21
Remainder of the Council’s area.1
Berwick on Tweed District Council.9Former Borough of Berwick-upon-Tweed.21
The rural district of Norham and Islandshires.21
The rural district of Glendale.43
The remainder of the River Tweed catchment area within the County of Northumberland.1

Section 214.

SCHEDULE 27S Adaptation and Amendment of Enactments

Part IS General Adaptation of Enactments

1(1)This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment.S

(2)Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act.

(3)Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.

2(1)Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority.S

(2)Sub-paragraph (1) above shall not apply in any case—

(a)to a reference to a specified officer of a local authority in an enactment mentioned in section 64(5) of this Act or any other enactment referring to an officer specified in such a reference; or

(b)to a reference in any enactment to an assessor or depute assessor appointed under section 116 of this Act.

X23 Part IIS Minor and Consequential Amendments

Editorial Information

X23The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M93Jury Trials (Scotland) Act 1815S

Marginal Citations

1SIn section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.

The M94Riotous Assemblies (Scotland) Act 1822S

Marginal Citations

2SIn section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.

The M95Jurors (Scotland) Act 1825S

Marginal Citations

3SIn section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.

4SFor section 3 (rolls of jurors) there shall be substituted the following section:—

3 General jury book.

The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as “the general jury book”, containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person.

5SFor section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

7 Jurors for High Court and Court of Session trials in Edinburgh.

The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified.

F2136, 7.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8SIn section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.

The M96Court of Session Act 1868S

Marginal Citations

9SIn section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.

The M97Explosives Act 1875S

Marginal Citations

10SIn section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

(1)A regional or islands council; and.

11SIn section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—

(a)The regional or general rate, as the case may be; and

The M98Militia Act 1882S

Marginal Citations

12SIn section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.

F21413, 14.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21515S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M99 The Allotments (Scotland) Act 1892S

Marginal Citations

F21616S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21617S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21618S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21619S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21620S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M100Local Government (Scotland) Act 1894S

Marginal Citations

21SSections 3 to 25 shall cease to have effect.

22SSections 42 to 48 shall cease to have effect.

23SIn section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.

The M101 Merchant Shipping Act 1894S

Marginal Citations

M1011894 C. 60

24SIn section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.

25SIn section 668 (Commissioners of Northern Lights), the following amendments shall be made—

(a)in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;

(b)in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.

The M102Public Health (Scotland) Act 1897S

Marginal Citations

26SF217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27SF218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28SF219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29SF220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22130S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22231S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22332S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33SF224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34SF225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35SF226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36SF227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22837S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22938S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

39SF230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40SF231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41SF232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42SF233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43SF234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44SF235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45SF236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46SF237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47SF238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48SF239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24049S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24150S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M103Milk and Dairies (Scotland) Act 1914S

Marginal Citations

51SIn section 2 (definitions), at the end there shall be added the following definition—

local authority” means an islands or district council.

52SIn section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.

The M104Police, Factories &c. (Miscellaneous Provisions) Act 1916S

Marginal Citations

53SIn section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.

The M105Land Settlement (Scotland) Act 1919S

Marginal Citations

F24254S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24355S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M106Celluloid and Cinematograph Film Act 1922S

Marginal Citations

56SIn section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.

57SIn section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.

M107 The Allotments (Scotland) Act 1922S

Marginal Citations

F24458S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24459S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24460S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M108Milk and Dairies (Amendment) Act 1922S

Marginal Citations

61SIn section 2 (refusal of registration), at the end there shall be added the following subsection—

(4)In this section “local authority” means an islands or district council.

62SIn section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.

The M109Church of Scotland (Properly and Endowments) Act 1925S

Marginal Citations

63SIn section 22 (burgh churches)—

(a)after subsection (2), there shall be inserted the following subsection—

(2A)References in any scheme made under this section of this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.;

(b)in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;

(c)in subsection (4)—

(i)before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;

(ii)the words “ continue to ” shall cease to have effect;

(iii)for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.

64SIn section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.

65SIn section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.

66SIn section 32 (transfer of parish churchyards)—

(a)for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;

(b)subsection (3) shall cease to have effect;

(c)in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.

67SIn section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.

F24568S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M110Agricultural Produce (Grading and Marking) Act 1928S

Marginal Citations

69SIn section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.

The M111Slaughter of Animals (Scotland) Act 1928S

Marginal Citations

70SIn section 7 (definitions), at the end there shall be added the following definition—

  • local authority” means an islands or district council.

The M112Petroleum (Consolidation) Act 1928S

Marginal Citations

71SIn section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)in a region, the regional council;

(b)in an islands area, the islands council..

The M113Local Government (Scotland) Act 1929S

Marginal Citations

72SSections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73SIn section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.

74SSections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75SIn section 77, the following amendments shall be made—

(a)subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and

(b)in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.

76SSection 79 and Schedules 1, 2 and 5 shall cease to have effect.

The M114Reservoirs (Safety Provisions) Act 1930S

Marginal Citations

77SIn section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.

The M115Agricultural Land (Utilisation) Act 1931S

Marginal Citations

F24678S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M116Church of Scotland (Property and Endowments) Amendment Act 1933S

Marginal Citations

79SIn section 2(2) (transfer of certain churchyards)—

(a)for the words “county or burgh” there shall be substituted the words “ islands area or district ”;

(b)the words from “ or, in the case ” onwards shall cease to have effect.

The M117Private Legislation Procedure (Scotland) Act 1936S

Marginal Citations

80SIn section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.

The M118Children and Young Persons (Scotland) Act 1937S

Marginal Citations

81SIn section 110 (interpretation) the following amendments shall be made—

(a)in subsection (1), for the definition of “Local authority” there shall be substituted the following definition—

Local authority” means a regional or islands council.,

and the definition of “ Large burgh ” shall cease to have effect, and

(b)

subsection (2) shall cease to have effect.

The M119Air-Raid Precautions Act 1937S

Marginal Citations

82SIn section 13 (application to Scotland) the following amendments shall be made—

(a)in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;

(b)in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;

(c)in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;

(d)in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.

(e)subsections (9), (10) and (12) shall cease to have effect.

The M120Civil Defence Act 1939S

Marginal Citations

83SIn section 91 (application to Scotland) the following amendments shall be made—

(a)in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—

(2)The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.;

(b)in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;

(c)in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.

(d)for subsection (23) there shall be substituted the following subsection:—

(23)in section 64(1), for the words from the beginning to “district” there shall be substituted the words “ Any regional, islands or district council ”;

(e)in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;

(f)in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;

(g)in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;

(h)subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.

The M121Public Health (Scotland) Act 1945S

Marginal Citations

84SIn section 1(8) (interpretation), for the definition of “local authority” there shall be substituted the following definition—

the expression “local authority” means an islands or district council.

The M122Civic Restaurants Act 1947S

Marginal Citations

85SIn section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.

86SIn section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.

F24787S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M123Local Government Act 1948S

Marginal Citations

88SIn section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.

The M124National Assistance Act 1948S

Marginal Citations

89SIn section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.

F24890S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F248Sch. 27 para. 90 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1

91SIn section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.

92SIn section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.

93SIn section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.

94SIn section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.

The M125Civil Defence Act 1948S

Marginal Citations

95SIn section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.

The M126Finance Act 1949S

Marginal Citations

96SIn section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—

(a)the local authority shall be an islands or district council.

F24997, 98.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M127Criminal Justice (Scotland) Act 1949S

Marginal Citations

99SIn section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.

The M128National Parks and Access to the Countryside Act 1949S

Marginal Citations

100SIn section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.

F250101S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102SIn section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.

103SIn section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.

104SIn section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.

105SIn section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.

The M129Allotments (Scotland) Act 1950S

Marginal Citations

106SIn section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.

107SIn section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.

The M130Rag Flock and Other Filling Materials Act 1951S

Marginal Citations

108SIn section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.

The M131Prisons (Scotland) Act 1952S

Marginal Citations

109SIn section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.

110SIn section 14 (legalised police cells), the following amendments shall be made—

(a)in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”

(b)in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;

(c)in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;

(d)in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;

(e)in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police M132 (Scotland) Act 1967 it means a joint police committee ”.

Marginal Citations

111SIn section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.

The M133Post Office Act 1953S

Marginal Citations

F251112S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M134Emergency Laws (Miscellaneous Provisions) Act 1953S

Marginal Citations

113SIn section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.

F252114S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F253115S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M135Slaughterhouses Act 1954S

Marginal Citations

116SIn section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.

The M136Long Leases (Scotland) Act 1954S

Marginal Citations

117SIn section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M137Army Act 1955S

Marginal Citations

118SIn section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M138Air Force Act 1955S

Marginal Citations

119SIn section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M139Crofters (Scotland) Act 1955S

Marginal Citations

120SIn section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.

The M140Food and Drugs (Scotland) Act 1956S

Marginal Citations

121SIn section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—

(5)In this section “local authority” means an islands or district council.

122SIn section 21 (cold stores), at the end there shall be added the following subsection—

(2)In this section “local authority” means an islands or district council.

123SIn section 26 (administrative authorities), the following amendments shall be made—

(a)in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;

(b)for subsection (4) there shall be substituted the following subsection—

(4)Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act “local authority” means a regional, islands or district council.

124SIn section 27 (public analysts), at the end there shall be added the following subsection—

(7)In this section “local authority” means a regional or islands council.

125SIn section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.

126SIn section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.

The M141Agriculture (Safety, Health and Welfare Provisions) Act 1956S

Marginal Citations

127SIn section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M142Clean Air Act 1956S

Marginal Citations

F254128S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255129—131.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M143Coal-Mining (Subsidence) Act 1957S

Marginal Citations

F256132S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M144Land Drainage (Scotland) Act 1958S

Marginal Citations

133SIn Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M145Disabled Persons (Employment) Act 1958S

Marginal Citations

134SIn section 3 (provision of sheltered employment), the following amendments shall be made—

(a)in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;

(b)in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;

(c)subsection (4) shall cease to have effect;

(d)in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.

135SThe Schedule shall cease to have effect.

The M146Matrimonial Proceedings (Children) Act 1958S

Marginal Citations

136SIn section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

137SIn section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

138SIn section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.

The M147Trading Representations (Disabled Persons) Act 1958S

Marginal Citations

139SIn section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

F257140S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M148Opencast Coal Act 1958S

Marginal Citations

141SIn section 52(2) (application to Scotland), after the definition of “land” there shall be inserted the following definition—

local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973.

The M149Adoption Act 1958S

Marginal Citations

142SIn section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.

The M150Deer (Scotland) Act 1959S

Marginal Citations

F258143S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F258Sch. 27 para. 143 repealed (18.11.1996) by 1996 c. 58, s. 48(2)(3), Sch. 5 (with s. 43(1)

The M151Radioactive Substances Act 1960S

Marginal Citations

F259144S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F259Sch. 27 para. 144 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46)

The M152Public Bodies (Admission to Meetings) Act 1960S

Marginal Citations

145SIn the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.

M153 The Noise Abatement Act 1960S

Marginal Citations

F260146S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260147S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260148S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F261149, 150.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F261Sch. 27 Pt. II paras. 149, 150 repealed by Consumer Safety Act 1978 (c. 38), Sch. 3

The M154Flood Prevention (Scotland) Act 1961S

Marginal Citations

151SIn section 15(1) (interpretation), the following amendments shall be made:—

(a)for the definitions of “local authority” and “area” there shall be substituted the following definition:—

local authority” has the meaning assigned to it by section 1(2) of this Act;

(b)for the definition of “sewer” there shall be substituted the following definition:—

sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;

F262(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M155Building Societies Act 1962S

Marginal Citations

152SIn Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M156Local Government (Development and Finance) (Scotland) Act 1964S

Marginal Citations

F263153S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154SIn section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.

155SIn section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.

F264156, 157.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M157Gas Act 1965S

Marginal Citations

158SIn section 28(1) (interpretation), the following amendments shall be made:—

(a)in the definition of “local authority”, for the words “town or county” there shall be substituted the words “ regional, islands or district ”;

F265(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266159S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M158Highlands and Islands Development (Scotland) Act 1965S

Marginal Citations

[F267160SIn section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.]

161SIn section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.

F268162S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269163S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M159Local Government (Scotland) Act 1966S

Marginal Citations

164SIn section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.

F270165S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M160Forestry Act 1967S

Marginal Citations

166SIn section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M161Slaughter of Poultry Act 1967S

Marginal Citations

167SIn section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

F271168S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F272169, 170.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M162Countryside (Scotland) Act 1967S

Marginal Citations

171SIn section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”

172SIn section 78(1) (interpretation), the following amendments shall be made—

(a)in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”;

(b)in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M163Capital Allowances Act 1968S

Marginal Citations

173SIn section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.

The M164Trade Descriptions Act 1968S

Marginal Citations

174SSection 26 (enforcing authorities) shall have effect as if—

(a)in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the M165Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;

(b)in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the M166Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

Marginal Citations

The M167Health Services and Public Health Act 1968S

Marginal Citations

175SIn section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—

(a)in subsection (2A)—

(i)for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,

(ii)the last paragraph shall cease to have effect,

(b)in subsection (2B)—

(i)in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,

(ii)paragraph (b) shall cease to have effect.

176SIn section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—

(cc)for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities..

177SFor section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—

(3)In this section “local authority” means an islands or district, council..

178SIn section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.

The M168Sewerage (Scotland) Act 1968S

Marginal Citations

179SIn section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.

F273180S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

181SFor section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—

(3)The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be..

F274182S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M169Social Work (Scotland) Act 1968S

Marginal Citations

183SIn section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.

184SIn section 2(2) after paragraph (b) there shall be inserted the following paragraph—

(bb)the Disabled Persons (Employment) Act 1958.

F275185S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

186SIn section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.

F276187S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F277188—190.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M170Medicines Act 1968S

Marginal Citations

191SIn section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—

(c)references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and

(d)references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.

The M171Mines and Quarries (Tips) Act 1969S

Marginal Citations

192SIn section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M172Post Office Act 1969S

Marginal Citations

193SIn section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.

The M173Development of Tourism Act 1969S

Marginal Citations

F278194S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F278Sch. 27 para. 194 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 3

The M174Local Authorities (Goods and Services) Act 1970S

Marginal Citations

195SIn section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.

196SIn section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.

The M175 Agriculture Act 1970S

Marginal Citations

F279197S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

198SIn section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.

199SFor section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—

(b)local authority” has the same meaning as in section 1(2) of the Flood Prevention (Scotland) Act 1961..

The M176Fire Precautions Act 1971S

Marginal Citations

200SF280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F281201S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M177Island of Rockall Act 1972S

Marginal Citations

202SIn section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.

The M178National Health Service (Scotland) Act 1972S

Marginal Citations

203SIn Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

The M179Gas Act 1972S

Marginal Citations

204SIn section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.

The M180Agriculture (Miscellaneous Provisions) Act 1972S

Marginal Citations

205SF282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F282Sch. 27 para. 205 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 2 Group 1}

206SIn section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.

F283207S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M181Employment Agencies Act 1973S

Marginal Citations

M1811973 35.

208SIn section 13(1) (interpretation), the following amendments shall be made—

(a)in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;

(b)in the definition of “local authority”, for the words from “Scotland” onwards there shall be substituted the words “ Scotland, means a regional, islands or district council ”.

The M182Hallmarking Act 1973S

Marginal Citations

209SIn section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the M183Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

Marginal Citations

The M184Badgers Act 1973S

Marginal Citations

210SIn section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.

The M185Breeding of Dogs Act 1973S

Marginal Citations

211SIn section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.

F284Schedule 28S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F284Sch. 28 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X

Section 237.

X24Schedule 29S Repeals

Editorial Information

X24The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

ChapterShort TitleExtent of Repeal
3 Geo. 4. c. 33.The Riotous Assemblies (Scotland) Act 1822.

In section 10, the words from “ or the Clerk of Supply ” to “ city or burgh ”, where they occur second.

Sections 11 to 14.
6 Geo. 4. c. 22.The Jurors (Scotland) Act 1825.

In section 1, the words “ in any county ”.

Sections 5 and 6.
1 & 2 Vict. c. 119.The Sheriff Courts (Scotland) Act 1838.Section 27.
16 & 17 Vict. c. 93.The Burgh Harbours (Scotland) Act 1853.The whole Act.
17 & 18 Vict. c. 91.The Lands Valuation (Scotland) Act 1854.Section 39.
Section 41.
25 & 26 Vict. c. 19.The General Pier and Harbour Act 1861, Amendment Act 1862.

In Part I of Schedule (B), in paragraph (3), the words “ city, town or ”, where first occurring, and the words from “ or if there be none ” onwards.

25 & 26 Vict. c. 105.The Highland Roads and Bridges Act 1862.The whole Act.
29 & 30 Vict. c. 17.The Cattle-sheds in Burghs Act 1866.The whole Act.
30 & 31 Vict. c. 80.The Valuation of Lands (Scotland) Amendment Act 1867.Section 5.
38 & 39 Vict.The Explosives Act 1875 c. 17.Section 109(1).

In section 110.2, the words “ for a borough ”.

Section 110.3.
Section 111(c).
Section 112.
41 & 42 Vict. c. 8.The Public Parks (Scotland) Act 1878.

In section 2, the words from “ and ” onwards.

In section 21, the words “ burgh or ”, in both places where they occur, and the words “ magistrates and town councils or other ”, in both places where they occur.

In section 27, the definition of “ burgh ”.

42 & 43 Vict. c. 27.The Convention of Royal Burghs (Scotland) Act 1879.The whole Act.
45 & 46 Vict. c. 49.The Militia Act 1882.Sections 29, 48 and 52.
50 & 51 Vict. c. 35.The Criminal Procedure (Scotland) Act 1887.

In section 47, the words from “ but in all cases ” onwards.

50 & 51 Vict. c. 42.The Public Libraries Consolidation (Scotland) Act 1887.Sections 4, 5 and 6.
Section 14.
Sections 17 to 20.

In section 21, the first and second paragraphs and in the seventh paragraph the words “ may not be a householder, and ”.

In section 22, the words between “ Scotland ” and “ and shall ”.

Section 23.
Sections 25 to 27.

In section 28, the words “ clerk or other ”.

Sections 29 and 30.
Schedules (A) and (B).
50 & 51 Vict. c. 51.The Valuation of Lands (Scotland) Amendment Act 1887.Section 2.
52 & 53 Vict. c. 50.The Local Government (Scotland) Act 1889.In section 11, subsections (1), (3) and (5).
Section 14.
Section 16.
Sections 39 to 42.
Section 58.
Section 67.
54 & 55 Vict. c. 32.The Roads and Streets in Police Burghs (Scotland) Act 1891.The whole Act.
55 & 56 Vict. c. 12.The Roads and Bridges (Scotland) Amendment Act 1892.Section 5.
55 & 56 Vict. c. 54.The Allotments (Scotland) Act 1892.

In section 2(1), the words “ of any burgh or parish ”, in both places where they occur.

In section 15, the words “ in the burgh or parish ”.

In section 16, the definitions of “ burgh ”, “ county ”, “ county elector ”, “ district ” and “ district committee ”.

55 & 56 Vict. c. 55.The Burgh Police (Scotland) Act 1892.Section 4(8) and (9).
Section 15.
Section 42.
Sections 100 and 101.

In section 128, the words “ of the Roads and Streets in Police Burghs (Scotland) Act, 1891, and ”.

In section 150, the words “ the Dean of Guild Court or ”.

Section 201.
Section 207.

In section 210, the words “ of the clerk ”.

Section 223.

In section 250, the words “ any of ” and “ or any one of them ”.

Section 257.
Section 296 and 297.
Section 310.

In section 339, the words “ the clerk to ”.

In section 341 the words from “ and the commissioners ” to “ within the burgh ”.

Section 411.
Section 428.
Section 432.
57 & 58 Vict. c. 20.The Public Libraries (Scotland) Act 1894.The whole Act.
57 & 58 Vict. c. 36.The Valuation of Lands (Scotland) Acts Amendment Act 1894.Section 4.
57 & 58 Vict. c. 58.The Local Government (Scotland) Act 1894.Sections 3 to 25.
Sections 42 to 48.

In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ” and “ burghs ”.

57 & 58 Vict. c. 60.The Merchant Shipping Act 1894.Section 668(1)(c).
58 & 59 Vict. c. 6.The Convention of Royal Burghs (Scotland) Act 1879, Amendment Act 1895.The whole Act.
59 & 60 Vict. c. 32.The Orkney and Zetland Small Piers and Harbours Act 1896.The whole Act.
60 & 61 Vict. c. 38.The Public Health (Scotland) Act 1897.

In section 3, the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ”.

Section 15.

In section 18, the words “ magistrate or ” and the word “ magistrate ”, in each place where it occurs.

In section 19, the words “ of the county or burgh ”.

In section 22, the words “ magistrate or ”, in each place where they occur, and the words “ or on a representation by a parish council ”, “ to the collector of the churchyard or other dues, or ” and the word “ other ” where it second occurs.

In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155 and 177, the word “ magistrate ” and the word “ magistrates ” in each place where either of them occurs.

Section 28.

In section 31, the words “ or of their sanitary inspector ”.

In section 32(2), the words from “ but, in the case ” onwards.

In section 36(1), the words “ or from a representation by a parish council ”.

In section 37, in subsection (1), the words from “ by the county ” to “ any district ”, and the words “ such county council or ”, and in subsection (2), the words from “ and for the purpose ” onwards.

In section 39, in the first paragraph, the words “ within such special scavenging district ”.

In section 42, the words “ in any special scavenging district ” in both places where they occur.

In section 94, the words from “ but in the case ” onwards.

Section 118.
Section 121.

In section 146, in subsection (1), the words “ or for a parish council ”, and “ of the county ”, and in subsection (2), the words “ or for any parish council ”.

In section 157, the words “ magistrate or ”.

In section 158, the words “ or magistrates ”.

In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs.

Section 191.
Section 192.
60 & 61 Vict. c. 53.The Congested Districts (Scotland) Act 1897.

In section 10, the words “ and crofting parish ”.

62 & 63 Vict. c. 5.The Public Libraries (Scotland) Act 1899.The whole Act.
62 & 63 Vict. c. 19.The Electric Lighting (Clauses) Act 1899.

In the Schedule, in section 1, the definition of “ county council ”.

63 & 64 Vict. c. 49.The Town Councils (Scotland) Act 1900.The whole Act.
3 Edw. 7. c. 33.The Burgh Police (Scotland) Act 1903.

In section 6, the words “ of the town clerk or other public office ”.

In section 8, the words “ may from time to time appoint ”.

In section 9,

(a) the words from “ to the dean ” to “ such court ”,

(b) the words from “ or dean ” to “ may be ”, and

(c) the words from “ and any deliverance ” onwards.

Section 13.

In section 16, the words “ dean of guild court or ”.

In section 31, the words from “ and may further ” onwards.

Section 37.
Section 39.

In section 41, in subsection (1), in paragraph (a), the words from “ or the dean ” to “ may be ”, in paragraph (b) the words “ the dean of guild court ”, and in paragraph (c), the words from “ or the dean ” to “ may be ”; in subsection (2), the words “ the dean of guild court ”; in subsection (3), the words “ dean of guild court, as the case may be ”; and in subsection (4) the words from “ or where ” to “ it out ”.

Section 43.
Section 56.
Section 57.
In section 93, paragraph (12).
Section 97.

In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words

Section 99.
Section 101.

In section 103(12), the word “ Guild ” and in sub-paragraph (1) the words “ dean of guild court ”.

8 Edw. 7. c. 62.The Local Government (Scotland) Act 1908.Sections 3 to 5.
Sections 10 and 11.
Section 13.
Section 15.
Sections 19 to 22.
Sections 26 to 28.
9 Edw. 7. c. 30.The Cinematograph Act 1909.Sections 5 and 8(3) and (4).
9 Edw. 7. c. 47.The Development and Road Improvement Funds Act 1909.

In section 16, the words from “ References to a county ” to “ respective powers and duties ”.

1 & 2 Geo. 5. c. 51.The Burgh Police (Scotland) Amendment Act 1911.

In section 1, in subsection (4), the words from “ and, where ” onwards, and, in subsection (6), the words “ or under section seventy six of the Licensing (Scotland) Act, 1903, ”.

1 & 2 Geo. 5. c. 53.The House Letting and Rating (Scotland) Act 1911.The whole Act.
3 & 4 Geo. 5. c. 32.The Ancient Monuments Consolidation and Amendment Act 1913.

In section 23(2), the words from “ references to a borough ” to “ county council and ”.

4 & 5 Geo. 5. c. 46.The Milk and Dairies (Scotland) Act 1914.

In section 28, the words “ subject to the consent of the Board ”.

5 & 6 Geo. 5. c. 88.The Street Collections Regulation (Scotland) Act 1915.The whole Act.
9 & 10 Geo. 5. c. 97.The Land Settlement (Scotland) Act 1919.Section 18(1).

In section 24, the definition of “ parish council ”.

9 & 10 Geo. 5. c. 100.The Electricity (Supply) Act 1919.

In section 21, the words “ (including a county council) ”.

10 & 11 Geo. 5. c. 8.The House Letting and Rating (Scotland) Act 1920.The whole Act.
10 & 11 Geo. 5. c. 45.The Public Libraries (Scotland) Act 1920.The whole Act.
12 & 13 Geo. 5. c. 52.The Allotments (Scotland) Act 1922.Section 16.
15 & 16 Geo. 5. c. 33.The Church of Scotland (Property and Endowments) Act 1925.

In section 22(4), the words “ continue to ”.

In section 32, subsection (3), and in subsection (4), the words “ or other local authority ” in each place where they occur.

15 & 16 Geo. 5. c. 38.The Performing Animals (Regulation) Act 1925.

In section 1, in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur and in subsection (7), the words “ subject to payment of the prescribed fee ”.

In section 5(3), the words from “ and the fee ” onwards.

In section 6(a), the words from “ and any expenses ” onwards.

15 & 16 Geo. 5. c. 68.The Roads Improvement Act 1925.In section 5, in the proviso, paragraph (a).

In section 7, the words “ between any of them respectively ”.

Section 8.
15 & 16 Geo. 5. c. 82.The Roads and Streets in Police Burghs (Scotland) Act 1925.The whole Act.
16 & 17 Geo. 5. c. 51.The Electricity (Supply) Act 1926.In Schedule 6, the item relating to section 21 of the Electricity (Supply) Act 1919.
18 & 19 Geo. 5. c. 19.The Agricultural Produce (Grading and Marking) Act 1928.

In section 4, in subsections (1), (2)(bb) and (2)(c), the words “ or county borough ”.

In section 5, the words “ or county borough ”, in each place where they occur, the words “ in the case of a county council ”, the words from “ and in the case ” to “ borough rate ” and the words “ and county boroughs ”.

18 & 19 Geo. 5. c. 29.The Slaughter of Animals (Scotland) Act 1928.

In section 2(5), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ”.

In section 7(a), the words “ and “local authority” ”.

19 & 20 Geo. 5. c. 25.The Local Government (Scotland) Act 1929.Sections 1 to 3.
Sections 5 and 6.
Sections 10 and 11.