Local Government and Planning (Scotland) Act 1982

6 Effect of specific power or duty to incur expenditure at one tier of local government on exercise of general such power at different tier

In section 83 of the [1973 c. 65.] 1973 Act (which provides a local authority with a general power to incur certain expenditure which it is not explicitly empowered to incur)—

(a) in subsection (2), after the word "that", where it occurs for the first time, there shall be inserted the words " , subject to subsection (3A) below, "; and

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

“(3A) Where one of any two local authorities is a regional council and the other a district council, neither authority shall under the foregoing provisions of this section—

(a) incur; or

(b) unless invited to do so by the other authority, contribute towards defraying,

expenditure which the other authority are, either unconditionally or subject to any limitation or to the satisfaction of any condition, expressly authorised (or required) to incur by or by virtue of any enactment other than this section.”