http://www.legislation.gov.uk/id/ukpga/1994/39/part/V

http://www.legislation.gov.uk/ukpga/1994/39/part/V/crossheading/general

Local Government etc. (Scotland) Act 1994

An Act to make provision with respect to local government and the functions of local authorities; to make amendments in relation to local government finance, local authority accounts and the records of local authorities; to establish a Strathclyde Passenger Transport Authority for the purposes of the Transport Act 1968; to provide for the establishment of new water and sewerage authorities; to provide for the establishment of a council to represent the interests of customers and potential customers of those new authorities; to provide for the vesting in those new authorities of the property, rights and liabilities of the Central Scotland Water Development Board and of such property, rights and liabilities of regional and islands councils as those councils have as water authorities, as providers of sewerage and in relation to dealing with the contents of sewers; to provide for the dissolution of that Board; to cancel certain obligations to contribute towards expenses which have been incurred by local authorities in making provision for sewerage or disposal of sewage in rural localities; to create an office of Principal Reporter and transfer to him the functions of reporters to children’s hearings; to establish a body to facilitate the performance by the Principal Reporter of his functions; to amend the Social Work (Scotland) Act 1968 in relation to children’s hearings; to amend the procedure for making byelaws under section 121 of the Civic Government (Scotland) Act 1982; to transfer to local authorities responsibility for fixing and reviewing polling districts and polling places in Parliamentary elections; to amend section 21 of the Self-Governing Schools etc. (Scotland) Act 1989; to amend the law relating to roads and the placing of traffic signs on roads; to make amendments in relation to valuation and rating; to abolish the Scottish Valuation Advisory Council; to empower the Strathclyde Passenger Transport Authority to guarantee certain obligations; to empower local authorities to make grants to ethnic minorities; to confer on local authorities the function of promoting economic development; to provide for the establishment of area tourist boards; to make amendments in relation to lieutenancies; all as respects Scotland; and for connected purposes.

1994-11-03

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2023-06-05

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Part V General and Supplementary

General

I1177 Parliamentary disqualification.

1

Schedule 1 to the M1House of Commons Disqualification Act 1975 shall be amended as mentioned in subsections (2) and (3) below.

2

In Part II (bodies of which all members are disqualified for membership of the House of Commons), there shall be inserted at the appropriate places the following entries—

The East of Scotland Water Authority.
;

The North of Scotland Water Authority.
;

The Scottish Children’s Reporter Administration.
;

F1. . .
; and

The West of Scotland Water Authority.

3

In Part III (other disqualifying offices) there shall be inserted at the appropriate places the following entries—

Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994.
;

Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration.
; and

Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.

178 Financial provisions.

1

There shall be paid out of money provided by Parliament—

a

any expenses of the Secretary of State incurred in consequence of the provisions (other than section 84(5)) of this Act; and

b

any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

2

There shall be paid out of the National Loans Fund any sums issued to the Secretary of State under section 84(5) of this Act.

3

There shall be paid into—

a

the National Loans Fund any sums paid to the Secretary of State under section 84(5) of this Act; and

b

the Consolidated Fund any sums paid to the Secretary of State in consequence of any other provision of this Act.

179 Savings.

1

The repeal by this Act of—

a

sections 65, 66 and 67;

b

the words from “; and section 65” to the end in section 76H(8); and

c

the words “, save in sections 64 to 67,” in the definition of “owner” in section 109(1),

of the 1980 Act, shall not affect the operation of the said sections 65, 66 and 67 as respects—

i

any charging order made before 1st April 1996 under subsection (1) or (3) of section 65 (including any charging order so made by virtue of the said section 76H(8));

ii

any order made before that date under subsection (2) of section 66; or

iii

any right conferred by those sections to recover expenditure provided that the expenditure was incurred before that date.

2

The repeal by this Act of the said section 65 shall not affect that section’s application, under subsection (4) of section 75 of the Agricultural Holdings (Scotland) Act 1991, to such charging orders as are mentioned in subsection (2) or (3) of the said section 75.

3

The repeal by this Act—

a

of section 47 of the 1968 Act shall not affect the operation of that section as respects—

i

any charging order made before 1st April 1996 under subsection (1) of that section; or

ii

any right conferred by that section to recover expenditure provided that the expenditure was incurred before that date;

b

of the said sections 65, 66 and 67 shall not affect those sections’ application, under subsection (2) or (3) of the said section 47, to such charging orders as are mentioned in sub-paragraph (i) of paragraph (a) above or, as the case may be, for the purpose of the right of recovery mentioned in sub-paragraph (ii) of that paragraph.

4

Without prejudice to subsection (4) of section 72 of the 1980 Act (certain byelaws to cease to have effect at expiration of a specific period unless extended), or to that subsection as it applies by virtue of section 63(10) of the M2Countryside (Scotland) Act 1967 (byelaws as respects recreational use of waterway or land), a byelaw made by the Board or by any other transferor as water authority, or having effect, immediately before the transfer date, as if so made by virtue of section 73(3) of the 1980 Act (power of Secretary of State to require making of byelaws), shall on and after that date have effect, though only within the area in which it had effect immediately before that date, as if made by the transferee as water authority, with any reference in the byelaws to the transferor being construed, in so far as the context admits, as a reference to the transferee.

5

In subsection (4) above, “transferor” and “transferee” mean the transferor and transferee in a transfer scheme; and for the purposes of that subsection the transferee where the transferor is the Board shall be taken to be the East of Scotland Water Authority only.

6

Section 125 of this Act applies for the interpretation of subsections (1) to (5) above as that section applies for the interpretation of Part II of this Act.