http://www.legislation.gov.uk/id/ukpga/1994/39/schedule/13

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/paragraph/161/1996-04-01

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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Statute Law Database

2023-06-05

1996-04-01

SCHEDULE 13 Minor and Consequential Amendments

The Local Government and Housing Act 1989 (c.42)

161

1

The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph.

2

In section 2(6) (politically restricted posts)—

a

in paragraph (a), the words “or director of education” and the words from “or section” to “1980” shall cease to have effect; and

b

in paragraph (c), for “director of social work” substitute “ chief social work officer ”.

3

In section 4 (designation and reports of head of paid service)—

a

in subsection (5), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and

b

in subsection (6)(b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

4

In section 5(5) (reports of monitoring officer etc.), the words “, or Schedule 10 or 20 to,” shall cease to have effect.

5

In section 8(5)(b) (local authorities to adopt standing orders with respect to staff), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

6

In section 9 (assistants for political groups)—

a

in subsection (8)(b), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and

b

in subsection (11), in the definition of “relevant authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

7

In section 14 (voting rights of members of certain committees: Scotland)—

a

subsections (2) and (3) shall cease to have effect;

b

in subsection (4), for the words “subsections (1) to (3)” substitute “ subsection (1) ”;

c

in subsection (5)(d), after “paragraph 3” insert “ , or a joint advisory committee formed under paragraph 5B ”;

d

for subsection (6) substitute—

6
Nothing in this section shall prevent the appointment as a voting member of—
a
a committee such as is mentioned in subsection (1) of section 124 of the M1Local Government (Scotland) Act 1973 (committees appointed by education authority); or
b
a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
c
any sub-committee of such a committee or joint committee,
of a person such as is mentioned in subsection (4) of the said section 124.

e

in subsection (8), after paragraph (a) insert—

aa
section 124(5);

f

in subsection (9), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

8

In section 21(2) (interpretation of Part I), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

9

In section 31(8) (National Code of Local Government Conduct), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

10

In section 151(4) (power to amend provisions about charges), for paragraphs (b) and (c) substitute—

or
b
it is a charge amounting to local taxation.

11

In section 152(3) (application of certain provisions as respects Scotland)—

a

for paragraphs (a), (b) and (c) substitute—

a
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994

b

for paragraphs (e) and (f) substitute—

and
e
a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

12

In section 155(5) (emergency financial assistance to local authorities)—

a

for paragraphs (a), (b) and (c) substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

b

the letter “(d)” shall cease to have effect.

13

In section 157(6) (commutation of, and interest on, periodic payments of grants etc. to local authorities), for “regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

14

In section 170(9) (authorities empowered to provide services etc. for owners or occupiers of houses as respects certain works), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.