Local Government etc. (Scotland) Act 1994

167 (1) The Environmental Protection Act 1990 shall be amended in accordance with this paragraph.

(2) In section 4(11)(c) (meaning of “local authority” in Scotland for purposes of Part I), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(3) In section 30 (authorities for purposes of Part II), in each of subsections (1)(g), (2)(g) and (3)(c), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(4) In section 36 (procedures to be carried out where proposal to issue waste management licence)—

(a) in subsection (6), the words “(other than an islands council)” shall cease to have effect;

(b) in subsection (6)(a)—

(i) after “(i)” insert “where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles”;

(ii) after sub-paragraph (ii) insert “and”; and

(iii) sub-paragraph (iii) shall cease to have effect;

(c) in subsection (6)(b)—

(i) after “purification authority” insert “or”; and

(ii) the words “or the general planning authority” shall cease to have effect;

(d) in subsection (10)—

(i) after “conservancy body” insert “or”;

(ii) the words “or general planning authority” shall cease to have effect;

(iii) after “the body” insert “or”; and

(iv) the words “or the general planning authority” shall cease to have effect.

(5) In section 39(8) (procedures to be carried out where proposal to accept surrender of licence)—

(a) the words “(not being an islands council)” shall cease to have effect;

(b) for paragraph (a) substitute—

“(a) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, refer the proposal to the river purification authority whose area includes any of the relevant land;”; and

(c) in paragraph (b), the words “or the general planning authority” shall cease to have effect.

(6) In section 45(10) (application to Scotland of certain sections of the 1968 Act for purposes connected with the collection of controlled waste), for paragraphs (a) and (b) substitute—

“(a) the said section 2 conferred a power on a waste collection authority rather than a duty on a sewerage authority;

(b) in the said section 3—

(i) references to a sewerage authority were references to a waste collection authority; and

(ii) in references to public sewers and public sewage works the word “public” were omitted;

(c) in the said section 4, the reference to a sewerage authority were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and

(d) in the said section 41, the reference to a sewerage authority were a reference to a waste collection authority,”.

(7) In section 50(5)(a) (bodies to be consulted where waste disposal plan being prepared), sub-paragraph (iv) shall cease to have effect.

(8) In section 53 (duties of authorities as respects disposal of waste collected: Scotland)—

(a) in subsection (4)—

(i) the words “(other than an islands council)” shall cease to have effect; and

(ii) in paragraphs (a) and (b), for “regional council”, wherever it occurs, substitute “sewerage authority”;

(b) in subsection (5)—

(i) for “regional council”, in both places where it occurs, substitute “sewerage authority”; and

(ii) for “council”, where it thirdly occurs, substitute “sewerage authority”; and

(c) after subsection (5) insert—

“(5A) In this section “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.”

(9) In section 54 (special provisions for land occupied by disposal authorities: Scotland)—

(a) in subsection (4)—

(i) in paragraph (b), for sub-paragraphs (i) to (iv) substitute—

“(i) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, to the river purification authority whose area includes any of the land in question;

(ii) to the Health and Safety Executive; and

(iii) where the authority is not the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles, in the case of a proposal to operate mobile plant, to the river purification authority whose area includes the area of the waste disposal authority;”

(ii) in paragraph (c)—

(a) after “purification authority” insert “or”; and

(b) the words “or the general planning authority” shall cease to have effect; and

(b) in subsection (5)—

(i) for the words from “above” to “(d)” substitute “(d)”; and

(ii) for the words “an islands council” substitute “the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles”.

(10) In section 86 (preliminary provisions relating to litter)—

(a) in subsection (3), for paragraphs (a) and (b) substitute—

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

(b) in subsection (10)—

(i) for “its” substitute “their”; and

(ii) for the words from “the district” to the end substitute “the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(11) In section 88(9) (“litter authorities” for purposes of section)—

(a) in paragraph (a), the words “, a regional council”; and

(b) in paragraph (b), the words “, regional council”,

shall cease to have effect.

(12) In section 90(3) (power to designate litter control areas), the words “, regional council” shall cease to have effect.

(13) In section 92(1) (summary proceedings by litter authorities), the words “, regional council” shall cease to have effect.

(14) In section 93(1) (street litter control notices), the words “, regional council” shall cease to have effect.

(15) In section 95(1) (public registers), the words “, regional council” shall cease to have effect.

(16) In section 99(5)(e) (local authority in Scotland having powers in relation to abandoned trolleys), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(17) In section 149(11) (seizure of stray dogs: interpretation), in the definition of “local authority”, for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.