Part IS Local Government Areas, Authorities and Elections

New areas and councilsS

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F43A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Election of CouncillorsS

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F76–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Part IIS Changes in Local Government Areas

Proposals by Local Government Boundary Commission for ScotlandS

12 Local Government Boundary Commission for Scotland.S

(1)There shall be a Local Government Boundary Commission for Scotland (in this Part of this Act referred to as “the Boundary Commission”) who shall carry out the functions conferred on them by or under this Act.

(2)The provisions of Schedule 4 to this Act shall have effect with respect to the Boundary Commission.

13 Proposals for changes in local government areas.S

The Boundary Commission may, in consequence of a review conducted by them under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):

(a)the alteration of a local government area;

(b)the constitution of a new local government area;

(c)the abolition of a local government area;

(d)a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed.

14 Duty and power to review local government areas.S

(1)Subject to sections 15 and 16 of this Act, it shall be the duty of the Boundary Commission, not less than [F9eight] nor more than [F10twelve] years after [F111st April 1996] and thereafter at intervals of not less than [F9eight] nor more than [F10twelve] years from the submission of the last report of the Commission on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(2)Without prejudice to subsection (1) above, the Boundary Commission may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3)If the Boundary Commission receive a request from a local authority or from any person that they should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to the Commission to have an interest, the Commission shall consider the request.

(4)In any case where the Secretary of State has made an order under section 1 of the M1New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Boundary Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

15 Powers of Secretary of State in relation to reviews.S

(1)The Secretary of State may by direction given to the Boundary Commission vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.

(2)Subject to section 16 of this Act, the Secretary of State may direct the Boundary Commission to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3)The Secretary of State may direct the Boundary Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas which they have the duty or power to review under section 14 of this Act.

(4)The Secretary of State may give directions to the Boundary Commission for their guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(5)A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(6)The Secretary of State may give directions to the Boundary Commission with respect to the order in which areas are to be reviewed by them under sections 14 and 15(2) of this Act.

16 Substantive changes in electoral arrangements.S

(1)No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2)It shall be the duty of the Boundary Commission not less than [F12eight] nor more than [F13twelve] years after the submission of the report on the [F14first] review of electoral arrangements for a local government area under [F15section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)] and thereafter, so far as is reasonably practicable, at intervals of not less than [F12eight] nor more than [F13twelve] years from the submission of the last report of the Commission under this subsection in relation to that area, to review the electoral arrangements for that area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3)Without prejudice to subsection (2) above, the Boundary Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and the Commission shall formulate any such proposals accordingly.

17 Commission’s reports and their implementation.S

(1)Where the Boundary Commission have—

(a)in accordance with section 14 or 15 of this Act been conducting a review of any area; or

(b)in accordance with section 16 of this Act been conducting a review of electoral arrangements,

on which they have a power or duty to formulate proposals to the Secretary of State, and in either case the Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it, they shall, not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16 of this Act, submit a report to him on the review or that part, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2)The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Boundary Commission, either as submitted to him or with modifications:

(3)If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Boundary Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make a report to him containing revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4)Where, following the submission of any report by the Commission under this section, the Secretary of State decides to make an order thereunder which abolishes or alters the boundaries of any local government area, he shall lay any such report before Parliament together with the order, and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either house of Parliament.

Conduct of ReviewsS

18 Procedure for reviews.S

(1)Where the Boundary Commission propose to conduct a review under the foregoing provisions of this Part of this Act, they shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2)In conducting any such review, the Boundary Commission shall—

(a)consult—

(i)the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to them to be concerned;

(ii)any bodies representative of staff employed by local authorities who have asked the Boundary Commission to consult them; and

(iii)such other persons as they think fit;

[F16(aa)at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision;

(ab)before taking any such steps, take into consideration any representation made to them by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);]

(b)take such steps as they think fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;

(c)in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d)take into consideration any representation made to them within that period.

[F17(2A)The Scottish Ministers may give directions to—

(a)the Boundary Commission,

(b)the council of any local government area affected by a review,

in relation to consultation under subsection (2)(a) above.

(2B)Such directions may be given generally or in relation to particular reviews or particular aspects of reviews.]

(3)Where the Boundary Commission make a report under this Part of this Act they shall—

(a)take such steps as they think fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;

(b)in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to any proposals contained in the report, or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(4)Subject to the foregoing provisions of this section, the procedure of the Boundary Commission in conducting any review under this Part of this Act shall be such as they may determine.

19 Local inquiries.S

(1)The Boundary Commission may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2)Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Boundary Commission.

Supplementary ProvisionsS

20 First review of electoral arrangements.S

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Delegation of functions of Commission.S

(1)The Boundary Commission may appoint one or more members of the Commission—

(a)to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b)to report to the Commission accordingly.

(2)At the request of the Boundary Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3)The appointment of an assistant commissioner under subsection (2) above—

(a)shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b)shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of [F19the Treasury].

22 Restriction on promotion of private legislation for changing local government areas, etc.S

No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

[F2023 Change of name of local government area.S

(1)The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.

[F21(1A)Where a council so change the name of their area into Gaelic, they may also, by a resolution passed in accordance with subsection (1) above and notwithstanding sections 2(3) and 3(1)(a) of the M2Local Government etc. (Scotland) Act 1994, decide that their name shall be “Comhairle” with the addition of the name of their area.

(1B)A council which have so changed their name into Gaelic may, by a resolution passed in accordance with subsection (1) above, change it back into English.]

(2)Notice of any change of name made under this section—

(a)shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and

(b)shall be published in such manner as the Secretary of State may direct.

(3)A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.]

24 Consequential and transitional arrangements relating to Part II.S

(1)The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.

(3)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5)Any such order may also include provision with respect to—

(a)the name of any altered area;

(b)the constitution and election of public bodies in any area affected by the order;

(c)the retiral of existing councillors for electoral [F22wards] which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral [F22wards], and the first election of councillors for any new or altered electoral [F22wards];

(d)without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral [F22wards] in the local government area in question in a case where substantial changes have been made to some of those [F22wards];

(e)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order;

(f)the register of electors to be used at any election of F23. . . councillors for any electoral [F24ward] affected by the order.

(6)In this section and in section 25 of this Act, “public body” means a local authority, joint board or joint committee.

25 Transitional agreements as to property and finance.S

(1)Subject to any regulations made under section 24 of this Act and to the provisions of any order made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2)The agreement may provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c)for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3)In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the M3Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.

(4)Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.

(5)Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.

26 Variation and revocation of orders under Part II.S

(1)The power conferred by section 233 of this Act to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2)When the Secretary of State proposes to make any such varying or revoking order he shall prepare a draft of the order, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.

(3)The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make an order either in the form of the draft or subject to modifications.

(4)The Secretary of State may cause a local inquiry to be held with respect to a draft order under this section.

(5)In this section “supplementary provision” means any such provision as could be made by an order under this part of this Act by virtue of section 24 or 215 of this Act.

27 Consultation with Boundary Commission on schemes for community councils.S

In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult the Boundary Commission on any matter relating to the boundaries of the area of a community council.

28 Supplementary.S

(1)In this Part of this Act—

• “electoral arrangements” means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral [F25wards] into which that area is for the time being divided for the purpose of the election of the councillors [F26, the number of councillors for each electoral ward], and the designation of any electoral [F25ward];

• [F27“local government area” means the area of a local authority;]

• “substantive change” has the meaning assigned to it by section 13(d) of this Act.

(2)In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, [F28or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)] the Secretary of State and the Boundary Commission shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of [F29section 1 of the Local Governance (Scotland) Act 2004 (asp 9)].

(3)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIS General Provisions as to Members of Local Authorities and Proceedings

Qualifications and disqualificationsS

29 Qualifications for nomination, election and holding office as member of local authority.S

(1)A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of [F3118] years, is a [F32qualifying Commonwealth citizen] or a citizen of the Irish Republic [F33or a relevant citizen of the Union] and not subject to any legal incapacity and—

(a)is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or

(b)has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or

(c)his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or

(d)has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.

[F34(1A)A person who has received a severance payment (within the meaning of section 12 of the Local Governance (Scotland) Act 2004 (asp 9)) shall not be so qualified.]

(2)In subsection (1) above,

• [F35“citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a [F36qualifying] Commonwealth citizen or a citizen of the Republic of Ireland; and]

• “owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.

[F37(3)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4)But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]

30 Re-election.S

A person ceasing to hold office to which he is elected under [F38the Local Government etc. (Scotland) Act 1994] shall, unless he is not qualified or is disqualified, be eligible for re-election.

31 Disqualifications for nomination, election and holding office as member of local authority.S

(1)Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—

(a)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or

[F40(ba)he is subject to a bankruptcy restrictions order;]

(c)he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d)he is disqualified for being elected or for being a member of that authority under Part III of the [F41M4Representation of the People Act 1983].

[F42(1A)A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of [F43convener or depute convener] of the board) or other place of profit in the gift or disposal of the board.]

(2)Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—

(a)the sequestration of his estate is recalled or reduced; or

[F44(b)he is discharged under or by virtue of the Bankruptcy (Scotland) Act 1985.]

(3)Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—

(a)if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b)if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and

(c)if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

[F45(3A)A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.]

[F46(3B)In subsection (1)(ba) above, “bankruptcy restrictions order” means—

(a)a bankruptcy restrictions order made under section 56A of the Bankruptcy (Scotland) Act 1985;

(b)a bankruptcy restrictions undertaking entered into under section 56G of that Act;

(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or

(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.]

F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4831ADisqualification of officers, employees etc. from remaining members of local authorityS

(1)A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.

(2)A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.

(3)A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.

(4)In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).

(5)In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).

(6)This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).]

32 Proceedings for disqualification.S

(1)Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election.

(2)Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.

(3)Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.

(4)Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—

(a)make a declaration to that effect and declare that the office in which the person has acted is vacant;

(b)grant interdict against the person so acting;

(c)order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.

(5)Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.

(6)The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.

(7)For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.

33 Validity of acts done by unqualified persons.S

The acts and proceedings of any person elected to an office under [F49the Local Government etc. (Scotland) Act 1994] and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.

[F50 Acceptance of OfficeS

33A Declaration of acceptance of office of councillor.S

(1)A person elected to office as a councillor of a local authority shall not, unless—

(a)he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and

(b)the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,

act in the office except for the purpose of taking such a declaration.

(2)If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3)The declaration shall be made before either—

(a)two members of the local authority to which the declarant is elected; or

(b)the proper officer of the local authority; or

(c)the sheriff; or

(d)a justice of the peace.

(4)Any person before whom a declaration is authorised to be made under this section may take the declaration.]

Resignation and Vacation of OfficeS

34 Resignation.S

A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.

35 Vacation of office by failure to attend meetings.S

(1)Subject to subsections [F51(2) to (4)] below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.

(2)Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3)A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

[F52(4)The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting.]

36 Casual vacancies.S

For the purpose of filling a casual vacancy in any office for which an election is held under [F53the Local Government etc. (Scotland) Act 1994], the date on which the vacancy is to be deemed to have occurred shall be—

(a)in the case of death, on the date of death;

(b)in the case of resignation, the date on which the notice of resignation takes effect;

(c)in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal [F54or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7).] or the date of the determination of any appeal;

(d)in the case of a full number of members of a local authority not being elected at an election, the [F55day on which the poll was held at] the election;

(e)in the case of an election being declared void on an election petition, the date of the decision of the election court;

(f)in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.

37 Filling of casual vacancies.S

(1)On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the [F56day on which the poll is to be held at the] election to fill the vacancy shall be fixed by the returning officer.

(2)Where a casual vacancy in any such office occurs within six months before the [F57relevant] date F58. . . , an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

[F59(2A)For the purposes of subsection (2) above, the “relevant date” is—

(a)the first Thursday in May in the year in which the next ordinary election is to be held; or

(b)where, by virtue of subsection (1)(b) of section 43 of the Representation of the People Act 1983 (c.2), the poll at that election is to be held on another day, that other day.]

(3)A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.

Restrictions on votingS

38 Disability of members of authorities for voting on account of interest in contracts, etc.S

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39Pecuniary interests for purposes of section 38.S

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40General notices and recording of disclosures for purposes of section 38.S

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Removal or exclusion of disability, etc.S

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 Interpretation of sections 39 and 41.S

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meetings and proceedingsS

43 Meetings and proceedings of local authorities.S

The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.

F6544. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Allowances to members of local authorities and other bodiesS

F6645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F6745A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

46 Travelling allowance and subsistence allowance.S

(1)Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [F68or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

F69(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Allowances for attending conferences and meetings.S

(1)The following bodies, that is to say—

(a)F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F71any body] to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of [F72the body] attending any such conference or meeting such [F73allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.

(1A)payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

(a)in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

(b)in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.]

(2)Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75(3A)In relation to any [F76body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities] this section applies to a conference or meeting held [F77inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political)] for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest.]

(4)In relation to any other body to which this section applies, F78. . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

F79(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 Payment of expenses of official and courtesy visits, etc.S

(1)Subject to subsection (2) below, a local authority may—

(a)defray any travelling or other expenses [F80receipted and] reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b)defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2)In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of [F81any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004] if the making of the visit had been an approved duty of that member.

49 Provisions supplementary to sections 45 to 48.S

(1)Sections 45 to 47 of this Act shall apply to the following bodies—

(a)F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;

(d)any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;

(e)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and

F84(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85(1A)Sections 45 to 47 of this Act shall apply to any local valuation panel or valuation appeal committee but as if the payments referred to in those sections were made by the valuation authority.]

[F86(2)In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]

(3)For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a F87. . . body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4)Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act [F88or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

F8949A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

50 Regulations as to allowances.S

(1)The Secretary of State may make regulations as to the manner in which sections 45 to 48 [F90and 49A] of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a)providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b)specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c)providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.

(2)A statutory instrument containing regulations under section 45 [F9149 or 49A] of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F92Part IIIAS Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees

50A Admission to meetings of local authorities.S

(1)A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2)The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3)For the purposes of subsection (2) above, “confidential information” means—

(a)information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b)information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4)A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.

(5)A resolution under subsection (4) above shall—

(a)identify the proceedings, or the part of the proceedings, to which it applies; and

(b)state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.

(6)The following provisions shall apply in relation to a meeting of a local authority, that is to say—

(a)public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b)while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and

(c)where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public [F93electronic communications network, for transmitting the report by means of such a network] at their own expense.

(7)Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(8)This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

50B Access to agenda and connected reports.S

(1)Copies of the agenda for a meeting of a local authority and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the authority in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during consideration of which, in his opinion, the meeting is likely not to be open to the public.

(3)Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection or subsection (1) above requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the authority.

(4)An item of business may not be considered at a meeting of a local authority unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b)by reason of special circumstances, which shall be specified in the minutes, the [F94convener]of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a)every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 7A to this Act, of the exempt information by virtue of which the authority are likely to exclude the public during consideration of the item to which the report relates.

(6)Where a meeting of a local authority is required by section 50A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a local authority and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the authority in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

50C Inspection of minutes and other documents after meetings.S

(1)After a meeting of a local authority the following documents shall be open to inspection by members of the public at the offices of the authority until the expiration of the period of six years beginning with the date of the meeting, namely—

(a)the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of the proceedings during which the meeting was not open to the public as discloses exempt information;

(b)where applicable, a summary under subsection (2) below;

(c)a copy of the agenda for the meeting; and

(d)a copy of so much of any report supplied to members of the authority for the meeting as relates to any item during consideration of which the meeting was open to the public.

(2)Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

50D Inspection of background papers.S

(1)Subject, in the case of section 50C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a local authority are required by section 50B(1) or 50C(1) above to be open to inspection by members of the public—

(a)copies of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b)at least one copy of each of the documents included in that list,

shall also be open to such inspection at the offices of the authority.

(2)Subsection (1) above does not require a copy of the list, or of any document included in the list, to be open for inspection after expiration of the period of four years beginning with the date of the meeting.

(3)Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4)Nothing in this section—

(a)requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b)without prejudice to the generality of subsection (2) of section 50A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5)For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a)disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b)have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

50E Application to committees and sub-committees.S

(1)Sections 50A to 50D above shall apply in relation to—

(a)a committee or sub-committee of a local authority, [F95and]

(b)a committee (not falling within paragraph (a) above) constituted under an enactment specified in section 56(9) below or a sub-committee of such a committtee, [F96and

F96(c)a relevant body, or a committee or sub-committee of such a body,]

as they apply in relation to a local authority.

(2)In the application by virtue of this section of sections 50A to 50D above in relation to a committee [F97, sub-committee or relevant body]—

(a)section 50A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent authority and if the meeting of the committee [F97, sub-committee or relevant body] to which that section so applies is to be held at premises other than the offices of such an authority, at those premises; and

(b)for the purposes of section 50A(6)(c), premises belonging to a constituent authority shall be treated as belonging to the committee [F97, sub-committee or relevant body]; and

(c)for the purposes of sections 50B(1), 50C(1) and 50D(1), offices of any constituent authority shall be treated as offices of the committee [F97, sub-committee or relevant body].

(3)Any reference in subsection (2) above to a constituent authority is a reference to a local authority which (whether alone or with one or more other local authorities) .

[F98(a)in the case of a relevant body or a committee or sub-committee of such a body, appointed the members of the relevant body;

(b)in the case of any other committee, appointed the committee; or

(c)in the case of any other sub-committee, appointed the committee of which that body is a sub-committee.]

50F Additional rights of access to documents for members of local authorities.S

(1)Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of—

(a)the authority or of a committee or sub-committee of the authority; [F99or]

(b)a statutory committee appointed by the authority, or any sub-committee of that committee, [F100; or

F100(c)a relevant body, any member of which was appointed by the authority, or of a committee or sub-committee of such a body]

shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee [F101, sub-committee or relevant body], by any other member of the committee [F101, sub-committee or relevant body].

(2)Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 5, 7, 9, 11, 12 and 14 of Part I of Schedule 7A to this Act, subsection (1) above does not require the document to be open to inspection.

(3)The Secretary of State may by order amend subsection (2) above—

(a)by adding to the descriptions of exempt information to which that subsection refers for the time being; or

(b)by removing any description of exempt information to which it refers for the time being.

(4)Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The rights conferred by this section on a member of a local authority are in addition to any other rights he may have apart from this section.

50G Local authorities to publish additional information.S

(1)A local authority shall maintain a register stating—

(a)the name and address of each member of the authority for the time being and the electoral F102. . . ward which he represents; and

(b)the name and address of every member of each committee or sub-committee of the authority for the time being.

(2)A local authority shall maintain a list—

(a)specifying those powers of the authority which, for the time being, are exercisable from time to time by officers of the authority in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

(b)stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

(3)There shall be kept at the offices of every local authority a written summary of the rights—

(a)to attend meetings of the authority and of committees and sub-committees of the authority, and

(b)to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

(4)The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the authority.

50H Supplemental provisions and offences.S

(1)A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours—

(a)in the case of a document open to inspection by virtue of section 50D(1) above, upon payment of such reasonable fee as may be required for the facility; and

(b)in any other case, without payment.

(2)Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below—

(a)make copies of or extracts from the document,

(b)require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required subject to any provision to the contrary in any other enactment or instrument.

(3)Subsection (2) above does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.

(4)If, without reasonable excuse, a person having the custody of a document which is required by section 50B(1) or 50C(1) above to be open to inspection by the public—

(a)intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extract from, the document, or

(b)refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5)Where any accessible document for a meeting to which this subsection applies—

(a)is supplied to, or open to inspection by, a member of the public, or

(b)is supplied for the benefit of any newspaper, in pursuance of section 50B(7) above,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

(6)Subsection (5) above applies to any meeting of a local authority and any meeting of a committee or sub-committee as is mentioned in paragraph (a) or (b) of section 50E(1) above [F103and any meeting of a relevant body or of a committee or sub-committee of such a body]; and for the purposes of that subsection the “accessible documents” for a meeting are the following—

(a)any copy of the agenda or of an item included in the agenda for the meeting;

(b)any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 50B(7)(b) above;

(c)any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 50B(7)(c) above;

(d)any copy of the whole or part of a report for the meeting;

(e)any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 50D above.

(7)The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

50J Exempt information.S

(1)The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 7A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.

(2)The Secretary of State may by order vary Schedule 7A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3)Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

50K Interpretation and application of Part IIIA.S

(1)In this Part—

• “copy”, in relation to a document, includes a copy made from a copy;

• “exempt nformation” has the meaning given by section 50J above;

• “information” includes an expression of opinion, any recommendations and any decision taken;

• “newspaper” includes—

  (a)

  a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; and

  (b)

  any organisation which is systematically engaged in collecting news—

  (i)

  for sound or television broadcasts; or

  (ii)

  for programmes to be included in a cable programme service which is or does not require to be licensed.

• [F104“relevant body” means–

  (a)

  a joint board; or

  (b)

  the Strathclyde Passenger Transport Authority.]

(2)References in this Part to a committee or sub-committee, in relation to a local authority, shall be construed in accordance with the following provisions—

(a)references to a committee of a local authority are references to a committee appointed under section 57 below by the authority or by two or more local authorities of which one is that authority and references to a sub-committee of a local authority are references to a sub-committee appointed by such a committee under that section; and

(b)references to a statutory committee appointed by a local authority are references to a committee constituted under an enactment specified in section 56(9) below other than a committee constituted under [F105either of the enactments] specified in paragraph (d) of that section and appointed by the authority or by two or more local authorities of which that authority is one and references to a sub-committee of such a statutory committee shall be construed accordingly.

(3)Any reference in this Part to a meeting is a reference to a meeting commenced after the 1st April 1986.]

Part IVS Community Councils

51 Establishment and general purpose of community councils.S

(1)Every local authority F106. . . shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.

(2)In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.

F107(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Schemes.S

(1)Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.

(2)After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—

(a)a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;

(b)where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;

(c)provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;

(d)provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and

(e)such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.

(3)The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.

(4)After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.

(5)The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.

(6)After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.

(7)Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.

53 Amendment of schemes.S

(1)Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.

[F108(2)The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—

(a)the notified proposals; or

(b)those proposals as amended to take account of any such representations:

(3)A decision of the local authority—

(a)to review, under subsection (1) above; or

(b)to amend, under subsection (2) above,

a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.]

F109(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11054. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

55 Assistance to community councils.S

F111. . . [F112councils for local government areas] may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.

Part VS Internal Organisation

Discharge of functionsS

56 Arrangements for discharge of functions by local authorities.S

(1)Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.

[F113(2)Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—

(a)the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and

(b)the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.]

(3)Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a)the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and

(b)that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.

(4)Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

(5)Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a)they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b)any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

[F114(6)A local authority’s functions with respect to—

F115(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;

F115(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)borrowing money,

shall be discharged only by the authority.]

[F116(6A)A local authority's function of determining an application for planning permission for a development of a class mentioned in section 38A(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8) shall be discharged only by the authority.]

(7)A local authority shall not make arrangements under this section for the discharge of any of their functions under [F117the M5Animal Health Act 1981] by any other local authority.

(8)Any enactment, except one mentioned in subsection (9) below, which contains any provision—

(a)which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b)which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9)The following enactments are exempted from subsection (8) above—

(a)F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 19, 20, [F119and 21] of the M6Police (Scotland) Act 1967 (amalgamation schemes);

F120(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121(d)paragraphs 3 and 8 of Schedule 1 to the Children (Scotland) Act 1995 (Children’s Panel Advisory Committees and joint advisory committees);]

(e)section 7 of the M7Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);

(f)section 9 of the said Act of 1972 (superannuation of teachers).

(10)This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

F122(11)–(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(15)Nothing in this section affects the operation of the M8Local Authorities (Goods and Services) Act 1970.

57 Appointment of committees.S

(1)For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—

(a)the authority may appoint a committee of the authority; or

(b)two or more local authorities may appoint a joint committee of those authorities; or

(c)any such committee may appoint one or more sub-committees.

(2)Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3)A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, [F123but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.]

(4)A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a)may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b)may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5)Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

58 Expenses of joint committees.S

The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.

59 Disqualification for membership of committees and joint committees.S

(1)Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.

(2)Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

60 Disability for voting on account of interests in contracts, etc.S

F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Membership of bodies to cease on ceasing to be member of authority.S

Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.

62 Standing orders, etc.S

A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

[F12562A Incorporation of joint committees.S

(1)Where—

(a)arrangements are made (whether under this Act or any other enactment) for two or more local authorities (in this Part of this Act referred to as “the relevant authorities”) to discharge any of their functions, or any functions in any area, jointly;

(b)the relevant authorities have—

(i)appointed, or propose to appoint, a joint committee to discharge those functions; and

(ii)advertised their proposals in accordance with subsection (2) below; and

(c)application is made, in writing, to the Secretary of State by the relevant authorities for the incorporation of that joint committee (or proposed joint committee) as a joint board to carry out those functions,

the Secretary of State may by order establish a joint board in accordance with this section to discharge those functions.

(2)Before applying to the Secretary of State under subsection (1)(c) above, the relevant authorities shall place in at least one daily newspaper circulating in their areas an advertisement—

(a)giving brief details of what they propose to do;

(b)giving an address to which representations about the proposal may be sent; and

(c)fixing a date, being not less than 8 weeks after the date on which the advertisement appears, within which representations may be made,

and they shall include with their application evidence that an advertisement has been placed.

(3)Where any representations are timeously made in response to an advertisement placed in accordance with subsection (2) above, the relevant authorities shall consider them and shall include with their application a statement that they have done so.

(4)An order under subsection (1) above shall delegate to the joint board such of the functions of the relevant authorities as may be specified in the order and may include provision with respect to—

(a)the constitution and proceedings of the joint board;

(b)matters relating to the membership of the joint board;

(c)the transfer to the joint board of any property, rights and liabilities of the relevant authorities;

(d)the transfer to the joint board of any staff of the relevant authorities;

(e)the supply of services or facilities by the relevant authorities to the joint board,

and may, without prejudice to the generality of paragraphs (a) to (e) above, apply (with or without modifications) any of the provisions of Part V of this Act to a joint board as those provisions apply to a joint committee.

(5)A joint board established under this section shall be a body corporate and shall have a common seal.

(6)An order under subsection (1) above shall be in terms agreed by the relevant authorities.

(7)An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

F12662B Power of Secretary of State to establish joint boards.S

(1)Where the Secretary of State considers—

(a)that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and

(b)that arrangements, or satisfactory arrangements, for the joint discharge of those functions—

(i)have not been made by the relevant authorities; or

(ii)have ceased to be in operation,

he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.

(2)Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.

(3)No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

F12762C Further provisions relating to joint boards.S

(1)Where a joint board has been established by order under section 62A or 62B of this Act, the Secretary of State may by order provide—

(a)for excluding any functions, or any functions in any area, from those specified in the order establishing that joint board; and

(b)for the dissolution of the joint board.

(2)An order shall not be made under subsection (1) above unless the Secretary of State has consulted the relevant authorities.

(3)An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The power to make an order under this section or section 62A or 62B of this Act shall include power to make such transitional, incidental, supplemental or consequential provision as the Secretary of State thinks necessary or expedient.

(5)An order under this section or section 62A or 62B of this Act may, for the purpose of making such provision as is mentioned in subsection (4) above—

(a)apply with or without modifications;

(b)extend, exclude or amend; or

(c)repeal or revoke with or without savings,

any enactment or any instrument made under any enactment.

63 Application of foregoing provisions of Part V to police authorities and joint police committees.S

(1)Subsections (2) to (4) below shall have effect for the purposes of the application of the foregoing provisions of this Part of this Act to a local authority in relation to their functions as a police authority

(2)A police authority may not arrange under section 56(1) of this Act for the discharge of any of their functions by another police authority F128. . ..

[F129(2A)The officers who may discharge functions of a police authority in pursuance of arrangements under section 56(1) or (2) of this Act shall include the chief constable of the police force.

(2B)Where, pursuant to arrangements made by virtue of subsection (2A) above, a chief constable may discharge functions of a police authority, he may himself arrange for the discharge of any of the functions in question by a constable of the police force or by a person who is employed by the authority but is not under their direction and control.]

(3)The following provisions of this Part of this Act shall not apply to a police authority—

(a)in section 56, subsections (3), (5) and (10),

(b)section 57(1)(b).

[F130(c)sections 62A to 62C.]

(4)Section 62 of this Act shall not apply in a case where a [F131joint police board] are constituted by or under an amalgamation scheme made under Part I of the M9Police (Scotland) Act 1967.

(5)Subsections (1) and (2) of section 56 of this Act shall apply to a [F131joint police board] as they apply to a local authority except that—

(a)they may not arrange for the discharge of any of their functions by another [F131joint police board] or a police authority F132. . ., or

(b)if the function relates to part only of the combined area in respect of which the [F133board] are exercising functions, they may not arrange for the discharge of that function by any other person.

[F13463A Sections 62A to 62C not to apply to fire authority.U.K.

Sections 62A to 62C of this Act shall not apply to a local authority in relation to their functions as a fire [F135and rescue] authority.]

StaffS

64 Appointment etc. of staff.S

(1)Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.

(2)An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3)Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.

(4)Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

(5)The following enactments are excepted from subsection (4) above—

(a)F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F138(bb)section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);]

F139(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)section 3 of the M10Social Work (Scotland) Act 1968 ([F141chief social work officers]);

F139(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)section 67(3)(b) of the M11Agriculture Act 1970 (agricultural analysts and deputies).

(6)Nothing in this section affects the operation of section 7 of the M12Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M13Local Authorities (Goods and Services) Act 1970.

(7)Nothing in subsections (1) and (2) above affects the operation of section 9 of the M14Police (Scotland) Act 1967 (employees other than constables).

65 Placing of staff of local authorities at disposal of other local authorities.S

(1)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2)For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

66 Security to be taken in relation to officers.S

(1)A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2)A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3)A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

[F14267 Members of local authorities not to be appointed as officers etc.S

(1)A person who is a member of a local authority is disqualified from being appointed by the authority to any paid office or employment (other than the office of convener or depute convener) or other place of profit in the gift or disposal of the authority.

(2)A person who has ceased to be a member of a local authority is disqualified—

(a)for a period of 3 months beginning with the day on which the person ceased to be a member of a local authority from being appointed by the authority to any such office, employment or place of profit which is not a politically restricted post;

(b)for a period of 12 months beginning with that day from being appointed by the authority to any such office, employment or place of profit which is a politically restricted post.

(3)A person who—

(a)has ceased to be a member of a local authority; and

(b)at any time during the period of 12 months ending with the day on which the person so ceased, participated directly in the appointing of any person to a politically restricted post,

is, for the period of 12 months beginning on that day, disqualified from being appointed by the authority to any paid office or employment or other place of profit in the gift or disposal of the authority.

(4)A reference to a politically restricted post is—

(a)in subsection (2) above, a reference to a post held by a person who is within any of paragraphs (a) to (g) of subsection (1) of section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42);

(b)in subsection (3) above, a reference to a post held by a person who is within any of paragraphs (a) to (e) of that subsection.]

68 Disclosure by officers of interest in contracts.S

(1)If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.

(2)An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3)Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [F143level 4 on the standard scale].

(4)References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.

Part VIU.K. Miscellaneous Powers of Local Authorities

Subsidiary powersS

69 Subsidiary powers of local authorities.S

(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2)A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(3)Without prejudice to section 53 of the M15Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

F144(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land transactionsS

70 Acquisition of land by agreement. S

(1)For the purposes of—

(a)any of their functions under this or any other enactment, or

(b)the benefit, improvement or development of their area,

a local authority may acquire by agreement any land, whether situated inside or outside their area.

(2)A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.

(3)For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the M16Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M17Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M18Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.

(4)Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.

71 Acquisition of land compulsorily.S

(1)Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.

(2)A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3)Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—

(a)the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

(b)where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4)The M19Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

72 Title to land.S

The title to all land acquired by a local authority shall be taken in the corporate name of the authority.

73 Appropriation of land.S

(1)Subject to Part II of the M20Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.

(2)A local authority may not exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection [F145(3)] below except with the consent of the Secretary of State.

(3)The land to which subsection (2) above applies is [F146land which] is held for use as allotments.

74 Disposal of land. S

(1)Subject to Part II of the M21Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.

(2)Except with the consent of the Secretary of State, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.

F147(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148S

75 Disposal, etc., of land forming part of the common good.S

(1)The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.

(2)Where a local authority desire to dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to dispose of the land accordingly.

(3)The Court of Session or sheriff acting under subsection (2)

above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be disposed of other land to be used for the same purpose for which the former land was used.

76 Special provisions as to land acquired for public recreation from heir of entail.S

Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.

77 Payment of purchase or compensation money by one local authority to another.S

Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.

Buildings, contracts, etc.S

78 Power to erect buildings, etc.S

(1)Subject to subsection (2)below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.

(2)Subsection (1)above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.

79 Provision of offices, etc.S

A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.

80 Interpretation of “functions”.S

For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.

81 Contracts of local authorities.S

(1)A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2)A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3)Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4)A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

(5)In this section the expression “contracts” includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.

Private legislationS

82 Power of local authority to promote or oppose private legislation.S

(1)Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation F149. . ., the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.

(2)A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—

(a)passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and

(b)in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after

[F150(i)] the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 [F150 ; or

(ii)the Bill has been introduced in the Scottish Parliament]

and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.

(3)Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.

(4)In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.

(5)No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.

(6)Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.

(7)In this section—

• “Act of 1936” means the M22Private Legislation Procedure (Scotland) Act 1936;

• “provisional order” means a provisional order under the Act of 1936;

MiscellaneousU.K.

83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised. S

(1)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A local authority may, F154. . . incur expenditure on contributions to any of the following funds, that is to say—

(a)the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b)the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c)any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a [F155convener of a local authority, a convener] of a community council, a lord-lieutenant or by a body of which any of these persons is a member [F156or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972].

F157(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4AA)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84 Powers of local authorities with respect to emergencies or disasters.S

(1)Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—

(a)incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b)make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.

F158(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power conferred by subsection (1)

above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

F159(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85 Acceptance of gifts of property.S

A local authority may accept, hold and administer—

(a)for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose; or

(b)for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

86 Insurance by local authorities against accidents to members.S

(1)A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2)Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.

(3)The provisions of the M23Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of [F160the Financial Services and Markets Act 2000] to be a policy of insurance upon the happening of personal accidents.

(4)In this section, the expression “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

87 Research and the collection of information.S

(1)A [F161local authority] may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to F162. . . any government department or the public.

(2)The appropriate Minister with respect to any matter may require [F163a local authority] to provide him with any information with respect to that matter which is in the possession of, or available to, that [F164local authority] in consequence of the exercise of any power conferred by or under any enactment; F165. . ..

F166(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 Provision of information, etc., relating to matters affecting local government.S

(1)A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities [F167mentioned in subsection (1B) below] or by government departments, or by charities and other voluntary organisations, and other information [F168relating to the functions of the authority].

[F169(1A)A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.]

[F170(1B)The other authorities referred to above are any other local authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local authorities.]

(2)A local authority may—

(a)arrange for the publication within their area of information [F171relating to the functions of the authority]; and

(b)arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c)arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d)prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

[F172(3)A local authority may assist voluntary organisations to provide for individuals—

(a)information and advice concerning those individuals’ rights and obligations; and

(b)assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.]

89 Subscriptions to local government associations.S

A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a)of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b)of any association of officers or members of local authorities which was so formed.

[F17390 Powers of local authority to carry on tourism-related activities.S

(1)A local authority may—

(a)provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;

(b)promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);

(c)organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;

(d)F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to subsection (3) below, a local authority shall not have power to—

(a)encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—

(i)to visit their area for purposes relating to leisure; or

(ii)to hold conferences, trade fairs or exhibitions within their area;

(b)provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;

(c)carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.

(3)A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—

(a)in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or

(b)where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.

(4)A local authority shall not, for the purposes of carrying on activities relating to tourism other than—

(a)those such as are mentioned in paragraphs (a) to [F175(c)] of subsection (1) above; or

(b)by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,

form, acquire or join with any person or body corporate.

(5)Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—

(a)doing anything mentioned in paragraph (a) of that subsection; or

(b)organising and holding a conference, trade fair or exhibition.

(6)A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following [F176modification]—

(a)F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (2), the words from “but” to the end shall be omitted.

(7)A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F17990A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180S

92 Transfer of securities on alteration of area, etc.U.K.

(1)Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—

(a)if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

(b)if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c)if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.

(2)In this section, the expression—

• “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

• F181. . .

[F182(3)“Securities” means—

(a)shares;

(b)instruments creating or acknowledging indebtedness;

(c)government and public securities;

(d)instruments giving entitlements to investments;

(e)certificates representing securities;

(f)units in a collective investment scheme;

(g)rights to, or interests in, any security of the kind mentioned in paragraphs (a) to (f);

(h)rights (whether actual or contingent) to money lent to, or deposited with—

(i)a society registered under the Industrial and Provident Societies Act 1965, or

(ii)a building society within the meaning of the Building Societies Act 1986.

(4)Subsection (3) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

Part VIIS Finance

Funds, revenue and expensesS

93 General fund.S

(1)Every local authority shall have a general fund and, subject to subsection (2) below—

(a)all sums received by or on behalf of the authority shall be paid into that fund;

(b)all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;

and all sums payable by the authority shall be paid out of that fund.

(2)Subsection (1)

above shall not apply to sums received or payable—

(a)which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;

[F183(b)which relate to the common good of the council;]

(c)with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.

[F184(d)with respect to which regulations made by the Scottish Ministers provide that they be paid into or out of a fund (other than the general fund) established by the local authority for the purposes of this paragraph.]

[F185(3)A statutory instrument containing regulations under subsection (2)(d) above shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

94 Capital expenses.S

F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95 Financial administration.S

Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.

Accounts and auditS

96 Accounts and audit.S

(1)Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.

(2)All accounts of a local authority shall be made up in respect of each financial year.

(3)Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.

(4)The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either [F187a member of the staff of Audit Scotland] or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.

[F188(5)The financial year of a local authority shall be the period of twelve months ending with 31st March F189. . .; and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.

(6)The Secretary of State may by order make provision amending, repealing or revoking, with or without savings, any enactment which is inconsistent with or superseded by subsection (5) above; but no order under this subsection shall have effect unless it is approved by a resolution of each House of Parliament.]

97 Establishment of Commission for Local Authority Accounts in Scotland.S

(1)There shall be established a body, to be known as the [F190Accounts Commission for Scotland] (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than [F191twelve]or less than [F191six], as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities F192. . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate.

(2)The Commission shall have the following functions, that is to say—

(a)securing the audit of all accounts of

[F193(i)]local authorities

[F194F195(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in accordance with the provisions of this Part of this Act;]

(b)considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;

(c)making recommendations to the Secretary of State and to local authorities F197. . . in accordance with the said provisions; . . . F198

(d)advising the Secretary of State on any matter relating to the accounting of local authorities F199. . . which he may refer to them for advice [F200and

(e)functions conferred by sections 97A and 97B of this Act.]

[F201(2AA)Any function of the Commission may be exercised on behalf of the Commission by any person (whether or not a member of the staff of Audit Scotland) authorised by the Commission to do so.

(2AB)Subsection (2AA) above does not apply in relation to the following functions—

(a)considering reports in pursuance of subsection (2)(b) above,

(b)appointing an auditor under subsection (6) below,

(c)deciding who is to audit any account, or class of account, in pursuance of this Part of this Act,

(d)deciding whether to undertake or promote a study under section 97A or 105A of this Act.

(2AC)Subsections (2AA) and (2AB) above do not affect the responsibility of the Commission for the exercise of their functions.]

F202(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may, after consultation with the Commission, with such associations of local authorities F204. . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions and the Commission shall give effect to any direction so given.

(4)There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State F205. . ..

[F206(4AA)The Controller of Audit shall, by virtue of appointment as such, be a member of the staff of Audit Scotland unless that person is also the Auditor General for Scotland.]

(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F208(4E)The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.]

(5)The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.

(6)In this Part of this Act “auditor” includes [F209(a)] the Controller of Audit, [F209(b)][F210members of the staff of Audit Scotland], being professional accountants, and [F209(c)] . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, F211 . . . F212. . .

F213(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F214(7)A person shall not be appointed as auditor by the Commission under subsection (6) above unless–

(a)he is eligible for appointment as a [F215statutory auditor under Part 42 of the Companies Act 2006] ; or

[F216(b)he is a member of a body of accountants established in the United Kingdom or another EEA State.]]

[F217(7A)In subsection (7) above, “EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.]

[F21897A Studies for improving economy etc. in services.S

(1)The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for

[F219(a)the securing by local authorities of best value;

(b)]improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and

[F220(c)] improving the financial or other management of such authorities or other bodies.

[F221(1A)In subsection (1)(a) above, the references to best value and the securing of it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the securing of it in accordance with that section.]

(2)The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section F222. . .

(3)Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate F223. . .]

97B Furnishing of information and documents to Commission.S

(1)Without prejudice to any other provision of this Part of this Act, the Commission may require

[F224(a)] any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body [F225;

(b)any person who, by arrangement or agreement with any such body, is discharging any function of the body,]

to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.

(2)Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

98 Expenses and accounts of Commission.S

(1)The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and [F226such expenses shall be met by Audit Scotland]—

F227(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99 General duties of auditors.S

[F228(1)]In auditing the accounts of any local authority F229. . .under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—

(a)the accounts have been prepared in accordance with regulations made under section 105 of this Act F230. . . and comply with the requirements of all other enactments and instruments applicable to the accounts; and comply with the requirements of all other enactments and instruments applicable to the accounts;

(b)proper accounting practices have been observed in the preparation of the accounts.

[F231(c)that the local authority F229. . . has made proper arrangements for securing [F232best value and is complying with its duties under sections 15 to 17 (community planning) of the Local Government in Scotland Act 2003 (asp 1).]][F233and

F233(d)in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.]

[F234(2)In subsection (1) above, the references to best value and arrangements for securing it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the arrangements for securing it which are to be made under that section.]

100 Auditor’s right of access to documents.S

(1)An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority F235. . . as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority F235. . .or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.

[F236(1A)In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.]

[F237(1B)Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority F238. . .whose accounts are required to be audited in accordance with this Part of this Act [F239and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body] to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation [F240or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose.]]

(2)Without prejudice to [F241subsections (1) and (1B)] above, every local authority F242. . .shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts [F243and every person who, by arrangement or agreement with a local authority, is discharging any function of the authority shall make that provision for the purpose of the auditing of the authority’s accounts.]

(3)If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) [F244or (1B)] above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F245level 3 on the standard scale]. . ..

101 Right of interested person to inspect and object to accounts: completion of audit. S

[F246(1)At each audit under this Part of this Act of a local authority’s accounts, any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.]

(2)Any person interested may object to the accounts of a local authority or to any part of those accounts by—

(a)sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and

(b)sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.

(3)Where any person objects under subsection (2)

above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.

(4)Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.

F247(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F248101A Reference of social security matters to Secretary of State.S

The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.]

102 Reports to Commission by Controller of Audit.S

[F249(1)The Controller of Audit may and, if so required by the Commission, shall make reports to the Commission with respect to—

(a)the accounts of local authorities audited under this Part of this Act;

(b)any matters arising from the accounts of any of those authorities or from the auditing of those accounts being matters that the Controller considers should be considered by the local authority or brought to the attention of the public;

(c)the performance by a local authority of their duties under Part 1 (best value and accountability) and Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).

(2)The Controller of Audit shall send a copy of a report made under subsection (1) above to—

(a)any local authority named in the report; and

(b)any other person the Controller thinks fit.]

[F250(2A)A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection (1) or (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.]

(3)Without prejudice to subsection (1)

above, if the Controller of Audit, having considered [F251any matter arising out of the auditing] under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit—

(a)is of the opinion—

(i)that any item of account is contrary to law, or

(ii)that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or

(iii)that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or

(b)is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and

(c)is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;

he [F252may] make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.

[F253(3A)No such special report shall, however, be so made unless—

(a)the authority; and

(b)any person named or referred to in the report—

(i)as being to blame in connection with an item of account being contrary to law; or

(ii)whose failure, negligence or misconduct is a subject of the report,

has been given a copy of the proposed report and an opportunity to make representations to the Controller on the proposed report and on any of the matters dealt with in it.]

(4)The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—

(a)to that authority;

(b)to any officer of the authority who may be concerned;

(c)if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection;

(d)to any other person who in his opinion may be affected thereby.

F254(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103 Action by Commission on reports by Controller of Audit.S

(1)F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F257103A Publication of special reportsS

The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.]

[F258103B Action by Commission on receipt of special reportsS

(1)On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—

(a)direct the Controller to carry out further investigations;

(b)hold a hearing;

(c)state a case on any question of law arising on the special report for the opinion of the Court of Session;

(d)subject to subsections (2) and (3) below, do none of the above.

(2)The Commission shall hold a hearing if requested to so in writing by—

(a)the local authority which was sent a copy of the report under section 102(3A) of this Act;

(b)any person, named or referred to in the report—

(i)as being to blame in connection with an item of account being contrary to law;

(ii)whose failure, negligence or misconduct is a subject of the report; or

(iii)who was sent a copy of the report under section 102(3A) of this Act.

(3)The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.]

[F259103C Hearings on special reportsS

(1)Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.

(2)The Commission may, at any one hearing, consider—

(a)allegations of blame, in connection with an item of account being contrary to law, against; and

(b)failures, negligence or misconduct by,

more than one officer or member of a local authority.

(3)A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.

(4)Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.

(5)The following—

(a)an officer or member—

(i)as to whom the question of blame in connection with an item of account being contrary to law is; or

(ii)whose alleged failure, negligence or misconduct is being considered by a hearing, is; and

(b)the local authority are,

entitled to be heard at the hearing.

(6)An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.

(7)The members of the Commission conducting a hearing may—

(a)require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;

(b)administer oaths.

(8)A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

(9)A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10)The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.

(11)A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.

(12)In this section, “documents” includes information held by means of a computer or in any other electronic form.]

[F260103D Findings of hearingsS

The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—

(a)any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;

(b)the local authority;

(c)any other person the Commission considers should, under this paragraph, receive such a copy; and

(d)any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.]

[F261103E Action by local authorities on receipt of findings under section 103DS

(1)A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.

(2)The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.

(3)Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—

(a)whether to accept any or all of those recommendations;

(b)what, if any, action to take in response to those recommendations.

(4)A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—

(a)states the time and place of the meeting;

(b)indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and

(c)describes the nature of those findings and of any such recommendations.

(5)The local authority shall, as soon as practicable after that meeting—

(a)notify the Commission of any decisions made in pursuance of subsection (3) above; and

(b)publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.

(6)A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—

(a)under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but

(b)in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.

(7)This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.]

[F262103F Action on finding of failure, negligence or misconductS

(1)Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—

(a)any item of account is contrary to law;

(b)there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;

(c)any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;

(d)any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,

they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.

(2)The sanctions which may be imposed under subsection (1) above are—

(a)censuring, but otherwise taking no action against, an officer or member of the authority;

(b)suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—

(i)all meetings of the local authority;

(ii)all meetings of one or more committees or sub-committees of the local authority;

(iii)all meetings of any other body on which the member is a representative or nominee of the local authority;

(c)suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;

(d)disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.

(3)In the case of a local authority, the Commission may—

(a)make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;

(b)include in its findings any recommendations arising from those findings which the Commission think fit.

(4)A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.

(5)Disqualification imposed under subsection (2)(d) above—

(a)has the effect of vacating the member’s office; and

(b)extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.

(6)The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.

(7)Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(8)A local authority shall give effect to any direction to them made in an order under subsection (7) above.]

[F263103G Interim reports on investigations and action thereonS

(1)The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.

(2)On receiving an interim report, the Commission, if it is satisfied—

(a)that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or

(b)that otherwise it would be in the public interest to impose that sanction,

then it may impose that sanction.

(3)That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.

(4)The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.

(5)The Commission shall put its decision under this section in writing and shall give a copy to—

(a)the member;

(b)the authority; and

(c)any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.

(6)A period of suspension imposed under this section ends upon—

(a)the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;

(b)the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,

(c)a decision by the Commission under section 103B of this Act not to hold a hearing.

(7)A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.

(8)If, however, the member is re-elected at that election, the Commission may re-impose the suspension.

(9)The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.

(10)On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.

(11)Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.

(12)In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).]

[F264103H Protection from actions of defamationS

(1)For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.

(2)In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).]

[F265103J Appeals from CommissionS

(1)An officer or member of a local authority—

(a)who is the subject of a finding under section 103F(1) of this Act;

(b)on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;

(c)who has been suspended under section 103G(2) of this Act,

may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.

(2)An appeal—

(a)under subsection (1)(a) above may be made on one or more of the following grounds—

(i)that the Commission’s finding was based on an error of law;

(ii)that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;

(iii)that the Commission has acted unreasonably in the exercise of its discretion;

(iv)that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b)under subsection (1)(b) above may be made on one or more of the following grounds—

(i)that the sanction imposed was excessive;

(ii)that the Commission has acted unreasonably in the exercise of its discretion;

(c)under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

(3)An appeal under subsection (1) above shall be lodged within 21 days of—

(a)the sending of the finding under section 103F(1) of this Act to the officer or member;

(b)the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,

(c)the imposition of suspension under section 103G(2) of this Act.

(4)A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(5)The sheriff principal may—

(a)in an appeal under subsection (1)(a) above—

(i)confirm the finding under section 103F(1) of this Act;

(ii)quash the finding;

(iii)quash the finding and remit the matter to the Commission to reconsider its decision;

(b)in an appeal under subsection (1)(b) above—

(i)confirm the sanction;

(ii)quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c)in an appeal under subsection (1)(c) above, quash the suspension;

(d)award expenses.

(6)The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51).

(7)In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.

(8)The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.]

F266104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F267104A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

105 Regulations as to accounts. S

(1)The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—

(a)the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;

(b)the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;

(c)the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;

(d)the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such [F268accounts and other documents], and the steps to be taken by a local authority for informing persons of those rights;

(e)the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.

(2)Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.

(3)If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding [F269level 3 on the standard scale], and, in the case of a second or subsequent offence, to a fine not exceeding [F269level 3 on the standard scale].

(4)A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F270105A Studies of benefit administration at request of Secretary of State.S

(1)The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

(2)In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

(3)If the Commission require—

(a)any local authority included in a study; or

(b)any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(4)If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(5)Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

(6)In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

(7)The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

(8)Any report of a study may be published by the Secretary of State in conjunction with the Commission.

(9)The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.]

106 Application of ss. 93 to 105 to bodies other than local authorities and to officers. S

(1)The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say—

(a)any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;

(b)the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;

[F271(ba)a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);]

F272(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect:

(2)Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.

F273(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RatingS

107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F274S

108–108C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F275S

F276109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F277110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F278110A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

111 Secretary of State may make regulations with respect to rates.S

(1)The Secretary of State may, after consultation with such associations of local authorities as appear to him to be concerned, make regulations—

F279(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F279(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)making provision for any matter with respect to which he is empowered or obliged by this Act, or by any other enactment, to make provision in regulations under this section;

F279(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)providing for the payment of interest, at such rate as may be prescribed, by a local authority to another local authority, to a committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities, F280. . . in a case where any amount due in respect of a requisition made under any enactment is not paid on or before such date as may be prescribed.

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F281

(2)A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

112—114.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F282S

115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283S

ValuationS

116

F284(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F285(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F286S

MiscellaneousS

118 Local financial returns. S

(1)Subject to subsection (3) below, every authority to which this section applies shall make a return to the Secretary of State in respect of each financial year F287. . . of their revenue and expenses.

F288(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Returns under this section shall be in such form, shall contain such particulars, shall be authenticated in such manner, and shall be submitted to the Secretary of State by such date, as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

(3)If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by an authority under any other enactment, he may exempt that authority from all or any of the requirements of this section so far as they relate to that matter.

(4)The Secretary of State shall, in respect of each year, cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under subsection (3) above and shall lay that summary before both Houses of Parliament.

(5)In this section references to an authority to which this section applies are references to a local authority, any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities [F289or any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)]F290. . .or any river purification board within the meaning of section 135 of this Act.

119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291S

[F292120 Rate support grant.S

(1)Rate support grant orders under section 3 of the M24Local Government (Scotland) Act 1966 shall be made in advance for a period of one year, instead of for successive periods of two years, and accordingly—

(a)in section 3(3) of that Act, for the words from “successive periods” to the end of the subsection there shall be substituted the words “a period of one year”;

(b)a rate support grant order made before the passing of this Act shall, in so far as it was made in respect of the year 1974-75, cease to have effect.

(2)If in the exercise of the power conferred on him by section 4 of the said Act of 1966 the Secretary of State at any time after 15th May 1975 redetermines for the year 1974-75 the amount and portion mentioned in paragraphs (a) and (b) of section 2(2) of the said Act of 1966, he may by an order made under the said section 4, instead of increasing to any extent the amount fixed by the rate support grant order made in respect of that year as the aggregate amount of the rate support grants and any element of those grants for that year, increase to that extent the amount fixed by the rate support grant order made in respect of the year 1975-76 as the aggregate of the rate support grants and any element of those grants for the last-mentioned year.

(3)Expressions used in this section and in sections 2 to 4 of the said Act of 1966 have the same meanings in this section as in those sections.]

121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293S

122 Miscellaneous amendments of enactments relating to finance.S

Schedule 9 to this Act shall have effect for making amendments and modifications of enactments relating to local government finance which are not replaced by the foregoing provisions of this Part of this Act.

122A Duty of local authority to use resources efficiently.S

F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIIIU.K. Functions

EducationS

[F295123 Education authorities.S

The education authority for the purposes of the M25Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.]

[F296124 Membership of committees appointed by education authorities.S

(1)Where an education authority appoint a committee whose purposes include—

(a)advising the authority on any matter relating to the discharge of their functions as education authority; or

(b)discharging any of those functions of the authority on their behalf,

the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.

(2)Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—

(a)at least half of the persons appointed by them to be members of such committee are members of the authority; and

(b)the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.

(3)Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.

(4)The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—

(a)one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;

(b)in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and

(c)one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there.

(5)Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “ one-half ”.]

F297125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

[F298126 Disqualification for membership of committees appointed by education authorities.S

Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—

(a)a committee such as is mentioned in subsection (1) of section 124 of this Act;

(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.]

F299127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

128 Educational endowments.S

(1)Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table.

(2)Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above.

(3)Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.

(4)Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.

(5)In this section, unless the context otherwise requires, expressions used in Part VI of the M26Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.

(6)Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.

F301129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

HousingS

130 Housing.S

(1)Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) [F302Act 1987] shall be [F303a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F304(2)Before any local authority exercise outwith their area any power under Part I of the M27Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.]

X1(3)The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.

F305131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F306132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

The environmentS

133 Roads.S

F307(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the M28Local Government (Scotland) Act 1889 shall be transferred to and vested in the [F308local roads authority].

134 Building.S

F309(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X2(2)The M29Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.

F310135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F311135A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

[F312136 Deposit of poisonous waste.S

(1)The local authority for the purposes of the M30Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “ islands councils and district ”.

(2)In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.

(3)In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “ “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council. ”]

137 Flood prevention and flood warning systems.S

F313(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

138 Coast protection.S

F315(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X3(2)In the said Act of 1949 the following amendments shall be made—

(a)for section 1(1) (coast protection authorities), there shall be substituted the following subsection—

“(1)The council of a region any part of which adjoins the sea or of an islands area shall be the coast protection authority for that region or area, as the case may be.”;

(b)in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “ district ”;

(c)in section 22 (power to use for incidental purposes land acquired for coast protection)—

(i)in subsection (2), for the words “burgh or county” there shall be substituted the words “ region or islands area ”.

(ii)in subsection (3), for the reference to the M31Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973;

(d)in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—

“(4)This section shall not apply to Scotland.”;

(e)in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “ or in Scotland the council of a region, islands area or district ”;

(f)in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “ subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;

(g)in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—

“(b)for references to the London Gazette and to a county or county district there shall be substituted respectively references to the Edinburgh Gazette and to a region, islands area or district”.

F316139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F317140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

141 Public conveniences.S

The local authority for the purposes of section 5 of the M32Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “ 1973 ”.

F318142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F319143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

144X4†Diseases of animals, and plant health.S

F320(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A competent authority under the M33Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.

145 Ordnance Survey.S

(1)The M34Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section.

(2)An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the [F321local authority], and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the [F322authority] to whose proper officer the application was made.

F323(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)(a)References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the [F324local authority].

(b)References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the [F324local authority].

(5)References in the 1841 Act to a county shall be construed as references to [F325the area of a local authority], including the electoral areas thereof and other places therein.

Miscellaneous functionsU.K.

146 Police.U.K.

(1)The M35Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.

X5(2)For section 1(1) of that Act (police areas) there shall be substituted the following subsection—

“(1)Subject to the provisions of any amalgamation scheme, a police force shall be maintained for every region and for every islands area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.”

X5(3)In section 2(1) (police authorities), for the words from the beginning to “police authority” there shall be substituted the words “ For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority ”.

X5(4)Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975.

X5(5)Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows—

(a)in subsection (1) for the words from “Scotland” to “Dumfries” there shall be substituted the words “ any one of the border [F326areas] of Scotland, that is to say, the counties of Northumberland or Cumbria, or the [F326areas] of the Borders or Dumfries and Galloway ”, and after the word “counties” or “county” wherever it occurs there shall be inserted respectively the words “ or [F326areas] ” or “ or [F326area] ”;

(b)in subsection (2) for paragraph (b) there shall be substituted the following paragraph—

“(b)references to the [F326area] of the Borders or Dumfries and Galloway shall be construed as including references to a combined area within the meaning of this Act comprising either of those [F326areas].”

X5(6)In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973.

F327(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X5(8)For section 23 of that Act there shall be substituted the following section—

“23 Chief constables affected by amalgamations or local government reorganisations.

(1)If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—

(a)chief constable of the new force, or

(b)constable of any rank in any other police force which exists on that date,

he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.

(2)While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of assistant chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist.

(3)A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act, cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.

(4)The provision to be made by regulations under section 24 of the Superannuation Act 1972 or section 219 of the Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the Police Pensions Act 1948 had the first-mentioned police force been combined with another force by an amalgamation scheme under the Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the Police Pensions Act 1948 shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is allected by this section.

(5)The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.

(6)In this section—

• “new force” has the same meaning as it has for the purposes of Schedule 2 to this Act;

• “relevant authority” means the police authority or, as the case may be, the joint police committee responsible for the appointment of the chief constable of the relevant new force;

• “relevant new force” means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.”

X5(9)In section 51 (1) (general interpretation), in the definition of “amalgamation scheme”, for the words “or section 20” there shall be substituted the words “ section 20 or section 21A ”.

(10)Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.

147 Fire services.S

F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

148 Water.S

F329(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F330(2)–(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.

F330(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F331149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

[F332150 Schedule 18 to continue to have effect.S

Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.]

F333151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F334152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

153 Ferries.S

(1)All rights which are presently vested in [F335regional or islands councils] in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the F336. . . council within whose area the ferry is situated.

(2)A F337. . . council or any two or more F338. . . councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but F338. . . a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained.

(3)A F339. . . council or any two or more F340. . . councils acting in combination may

(a)incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above;

(b)lease or hire a ferry to or from another person on such conditions as they think fit;

(c)enter into arrangements with another person for the operation of a ferry by that person on their behalf; and

(d)from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area.

(4)If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement.

(5)In this section [F341—]

• [F341“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and]

• “ferry” includes all rights pertaining thereto (including rights of access) and all boats, vessels, landing stages, plant and apparatus used in connection with the ferry, but does not include a harbour transferred by virtue of section 154 of this Act.

154 Piers and Harbours.S

(1)F342. . ., all rights which are presently vested in [F343regional, islands or district councils] in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which [F344regional, islands or district councils] are subject in that connection, are hereby transferred to the F345. . . council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule.

(2)Where a harbour is situated partly within the area of one F346. . . council and partly within the area of another F346. . . council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.

(3)A F347. . .council or any two or more F348. . . councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily—

(a)land for the purpose of constructing, re-constructing, extending or improving a marine work;

(b)any harbour whose acquisition is considered by the council to be desirable in the interests of their area and

(i)whose maintenance is to be discontinued by its owner, or

(ii)which is considered by the council to be in a poor state of repair,

and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections.

F349(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F349(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If a local authority so elects and notifies the Secretary of State accordingly, Part III of the M36Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work.

(5)A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do.

(6)Where provisions of the M37Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated.

(7)In this section [F350—]

• [F350“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and]

• “harbour authority” and “marine work” have the same meanings as in section 57(1) of the M38Harbours Act 1964 and so has “harbour” except that it does not include a ferry within the meaning of section 153(5) of this Act

F351154A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F352154B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

155 Factories.S

F353(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X6(2)In section 46(6) (bye-laws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, where it twice occurs, there shall be substituted the word “ 1973 ”.

X6(3)In section 47(1) (means of escape), the word “either” and the words from “or, where” to the end shall cease to have effect.

F354(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X6(5)In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.

X6(6)Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.

X6(7)In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words “county and town” there shall be substituted the words “ islands and district ”.

156 Offices, shops and railway premises.S

F355(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X7(2)In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.

X7(3)In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “ (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

F356157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F357158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F358159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F359160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F360161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F361162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

163 Public libraries, museums and art galleries.S

F362(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A local authority F363. . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

F364(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

F365164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

165 Spray irrigation.S

The functions of river purification boards under the M39Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “ authority ” and “ authorities ”.

166 Registration of births, deaths and marriages.S

F366(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8(2)Accordingly the following amendments shall be made in that Act—

F367(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in section 6(4) (local inquiries), for the words from “subsections” to “1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;

(c)in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect;

(d)in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “ sections 56 to 58 of the Local Government (Scotland) Act 1973 ”;

F367(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F367(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F368167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F369168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

169 Burial grounds, churchyards etc.S

(1)The functions of [F370islands or district councils] under the M40Burial Grounds (Scotland) Act 1855 and the M41Cremation Acts 1902 M42 and 1952 shall be transferred to and vest in [F371councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2)The functions of councils under the M43M44Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

170 War memorials.S

(1)The local authority for the purposes of the M45War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the M46Local Government Act 1948 shall be a [F372local authority within the meaning of this Act]; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.

X9(2)In consequence of subsection (1) above the said section 133(3) shall have effect as if—

(a)after the word “modifications” there were inserted the following head—

“(ia)in section 1, for the words “within their district” there shall be substituted the words “ whether within or outside their area ”;”

(b)for head (ii) there were substituted the following head—

“(ii)“local authority” means a regional, islands or district council.”

[F373 Heating and electricityS

170A Production and supply of heat and electricity etc. by local authorities.S

(1)Subject to subsections (2) and (3) of this section, a local authority may—

(a)produce heat or electricity or both;

(b)establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;

(c)buy or otherwise acquire heat;

(d)use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;

(e)without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.

(2)Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3)Except in such cases as may be prescribed, [F374or in cases where it is produced from waste,] a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

(4)A local authority may—

(a)construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

(b)contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

(5)Parts I and II of Schedule 3 to the M47Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

F375(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; [F376and

(c)for any reference to [F377Scottish Water] there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.]

(6)It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.

(7)In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.

(8)Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.

(9)Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

170B Provisions supplementary to s. 170A.S

(1)A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a)with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b)for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c)providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.

(2)Subsections (1) to (7) of section 38 of the M48Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of [F378Scottish Water]F379. . .) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to [F380Scottish Water] there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a)for [F381paragraphs (aa) to (ac)] there were substituted the following paragraph—

“(a)for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”;

(b)for the words from “this Act” onwards in paragraph (b) there were substituted the words “ byelaws in force by virtue of section 170B of the M49Local Government (Scotland) Act 1973 ”; and

(c)for the words “this Act” in paragraphs (c) and (d) there were substituted the words “ section 170A of that Act ”.

(3)Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.

(4)An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(6)The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.]

171 Miscellaneous functions, etc.S

F382(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F382(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F384Part XVIIIAS Economic Development

171A Functions to include promotion of economic development.S

F385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

171B Restrictions on promotion of economic development.S

F386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

171C Exercise of certain powers to be subject to provisions of sections 171A and 171B.S

F387. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Part IXS Planning

Planning authorities and plansS

172 Planning authorities.S

(1)The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be—

(a)in the case of regional planning functions, a general planning authority or a regional planning authority; and

(b)in the case of district planning functions, a general planning authority or a district planning authority,

and the district of the planning authority shall be the region, islands area or the district, as the case may be.

(2)In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted.

(3)In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, [F388or unless the context otherwise requires] be construed as a reference to a general planning authority and to a district planning authority.

(4)In this Part of this Act—

• “the M50Act of 1972” means the Town and Country Planning (Scotland) Act 1972;

• “regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;

• “district planning functions” are those described as such in Part II of that Schedule or in this Part of this Act, together with those conferred on general or district planning authorities by this Part of this Act;

• “general planning authority” means the council of the Highland region, the Borders region or the Dumfries and Galloway region or of an islands area;

• “regional planning authority” means the council of any other region;

• “district planning authority” means a district council within the region of a regional planning authority.

F389173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F390174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F391175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F392176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F393177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F394S

Development controlS

F395179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F396S

F397181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

MiscellaneousS

F398182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F399183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

184 Amendment of enactments relating to planning etc S

The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.

Part XS Licensing, etc.

185, 186.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F400S

Betting, Gaming and LotteriesS

187 Authorities for purposes of betting, gaming and lotteries, etc.S

The provisions of the M51Betting, Gaming and Lotteries Act 1963 and of the M52Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.

Miscellaneous licensing, registration and related mattersS

[F401188 Part III of Schedule 24 to continue to have effect.S

Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.]

Part XIS General Provisions as to Local Authorities

Legal Proceedings, Notices, etc.S

189 Legal proceedings.S

(1)Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.

(2)Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.

190 Service of legal proceedings, notices, etc., on local authorities.S

Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or [F402convener] of a local authority, shall be addressed to the local authority or to the proper officer or [F402convener] as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.

191 Claims in sequestrations and liquidations.S

The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.

192 Service of notices, etc., by local authority.S

(1)Any documents to which this section applies may be served—

(a)by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:

(b)in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or

(c)where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or

(d)where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him—

(i)by name, if his name is known; or

(ii)if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;

and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

(2)Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

(3)Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.

(4)Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.

(5)For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding [F403level 1 on the standard scale].

(6)This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

[F404(7)Without prejudice to subsections (1) to (6) above, a rating authority may use the method specified in subsection (8) below or that specified in subsection (9) below in order to—

(a)issue a demand note under section 237 of the 1947 Act F405;

(b)supply information which requires to be supplied when such a demand note is issued.

(8)The method specified in this subsection is to send the demand note or information by electronic communication to an address notified to the authority for the purposes of this subsection by the recipient of the demand note or information, and an electronic communication under this subsection must be—

(a)capable of being accessed by the recipient;

(b)legible in all other material respects; and

(c)sufficiently permanent to be used for subsequent reference.

(9)The method specified in this subsection is to publish the demand note or information on a website in a case where—

(a)the rating authority have agreed with a person that demand notes or information will be issued or supplied to that person by this method;

(b)the demand note or information falls within the terms of that agreement; and

(c)the authority notify that person, in a manner agreed between them of—

(i)the address of the website on which the demand note or information has been published; and

(ii)the place on the website where the demand note or information may be accessed and how it may be accessed.

(10)In subsection (8)(b) above, “legible in all other material respects” means that the information contained in the electronic communication shall be available to the recipient to no lesser extent than it would be if that information had been contained in a document in printed form.

(11)Unless the contrary is proved—

(a)a demand note issued under subsection (8) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which the electronic communication containing it was sent;

(b)a demand note issued under subsection (9) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which notification was given under paragraph (c) of that subsection.

(12)A person who has notified an address for the purposes of subsection (8) above may subsequently give notice to the rating authority of a different address for those purposes and such a notice shall take effect from the date specified in it, being a date not less than three working days after the date on which the notice is given.

(13)Where a person has agreed to receive demand notes or information by a method specified in subsection (8) or (9) above, that person may at any time withdraw from that agreement by giving notice to the rating authority and such a notice shall take effect from the date specified in it, being a date not less than seven working days after the date on which the notice is given.

(14)In this section—

• “address”, in relation to electronic communications, means any number or address used for the purposes of such communications;

• “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000; and

• “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 F406, a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.]

193 Authentication of documents.S

(1)Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.

(2)Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.

(3)Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

F407194 Execution of deeds by local authority and use of seal.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council:

195 Public notices.S

Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a)by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and

(b)by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and

(c)in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.

196 Misnomers, etc., not to affect validity of notices, etc.S

No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.

197 Inspection and deposit of documents.S

F408(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.

(3)Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.

(4)If a person having the custody of any such document—

(a)obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b)refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding [F409level 1 on the standard scale].

(5)A local authority may remit any fee chargeable under this section.

198 Photographic copies of documents.S

(1)Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2)Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3)A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

199 Reports and returns.S

Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.

F410200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

ByelawsS

F411201 Byelaws for good rule and government.S

(1)A local authority may make byelaws for the good rule and government of the whole or any part of the [F412their area], and for the prevention and suppression of nuisances therein.

(2)The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3)Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

202 Procedure, etc., for byelaws. S

(1)F413. . . The following provisions of this section shall apply to byelaws to be made by a local authority—

(a)under this Act,

(b)under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or

(c)under any enactment which incorporates or applies any of the following enactments—

(i)section 57 of the M53Local Government (Scotland) Act 1889;

[F414(ii)the M54Civic Government (Scotland) Act 1982;]

(iii)F415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)sections 301 to 303 of the 1947 Act.

F416(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.

(3)The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.

(4)At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(5)For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

(6)The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7)Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.

(8)Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.

(9)Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the [F417M55Civic Government (Scotland) Act 1982] shall be held by the sheriff.

(10)The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

(11)The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(12)A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.

F418(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.

(15)In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:

[F419202A Review of byelaws. S

A local authority shall, not later than 10 years from whichever is the later of the following times—

(a)the coming into force of a byelaw which they have the power to revoke or amend;

(b)the coming into force of this section;

review that byelaw and do so thereafter at intervals of not more than 10 years.]

202B Register of byelaws. S

(1)A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.

(2)The register kept under subsection (1)

above shall contain—

(a)a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;

(b)the date or dates when the byelaws and any amendments to them were confirmed;

(c)the date or dates when the byelaws and any amendments to them came or come into operation; and

(d)the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.

(3)The register kept under subsection (1)

above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.

(4)No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.

(5)The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.

202C Revocation of byelaws by resolution. S

(1)Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.

(2)At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.

(3)The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.

(4)Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.

(5)It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.

(6)It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.

203 Offences against byelaws. S

Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of [F420level 2 on the standard scale], and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

204 Evidence of byelaws. S

The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a)that the byelaw was made by the authority;

(b)that the copy is a true copy of the byelaw;

(c)that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d)the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Miscellaneous provisionsS

205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F421S

206 Admission of honorary freemen.S

(1)[F422A local authority] may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the [F422authority] the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of [F423their area] persons of distinction and any persons who have rendered eminent service to [F423their area].

(2)An officer designated for the purpose by [F424local authority] shall keep a roll containing the names of persons admitted to be freemen under this section.

207 Limitation of rights of freemen.S

Nothing in this Part of this Act shall—

(a)confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or

(b)confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.

208 Provisions as to Sundays etc.S

(1)Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.

(2)Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:

Part XIIS Miscellaneous, General and Transitional

MiscellaneousS

209 Removal or relaxation of controls affecting certain local authority functions.S

(1)For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.

(2)Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(3)An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(4)A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(5)In this section “local authority” includes a Passenger Transport Executive.

210 Power to direct inquiries.S

(1)Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act F425. . ., or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2)Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.

(3)The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.

(4)For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths:

(a)no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b)nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5)Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding [F426level 1 on the standard scale] or to imprisonment for a term not exceeding three months, or to both.

(6)The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.

[F427(7)The Minister may make orders as to the expenses incurred—

(a)by the Minister in relation to—

(i)the inquiry;

(ii)arrangements made for an inquiry which does not take place; and

(b)by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A)What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a)there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b)there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B)The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a)the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b)expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(c)any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d)any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.]

[F428(8)Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.]

(9)This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.

[F429210A Recovery of expenses of local inquiry.S

(1)The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry— section 129(1)(d) of the M56Road Traffic Regulation Act 1984 (expenses of inquiry under that Act), any other statutory provision to which this section is applied by order of the Minister.

(2)What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a)there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b)there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(3)The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.

(4)The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a)the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b)expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(c)any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d)any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5)An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.]

211 Provision for default of local authority.S

(1)If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.

(2)If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

[F430(2A)If the Secretary of State or appropriate Minister—

(a)is about to make an order under subsection (2) above; and

(b)is satisfied that the failure to which the order relates has continued or recurred,

he may, in that order and without any local inquiry, declare the authority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

(2B)The Secretary of State or appropriate Minister may, in an order under subsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.]

(3)If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

[F431(3A)If—

(a)a local authority have been notified under subsection (2B) above; and

(b)there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates,

the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.]

(4)Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

[F432(5)The provisions of this section shall apply to a joint board as they apply to a local authority.]

[F433(6)In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).]

212 Limitation of liability of certain owners.S

Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he—

(a)is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and

(b)has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.

213 Tweed Fisheries Commissioners.U.K.

F434(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X10(3)The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

GeneralS

214 Consequential and minor modifications and amendments.S

(1)As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2)As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

215 Consequential and supplementary provisions. S

(1)The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him—

(a)to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b)to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.

F435(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

216 Transfer of officers.S

(1)An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F436

(3)Any such order or regulations as is or are referred to in subsection (1) . . . F437above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a)so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and

(b)the said new terms and conditions are such that—

(i)so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii)the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F436

217 Continuity of employment in cases of voluntary transfer.S

(1)This section applies to a person if—

(a)at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and

(b)had he continued until 16th May 1975 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.

(2)Where this section applies to a person, then for the purposes of [F438paragraph 10 of Part II of Schedule 1 to the M57Trade Union and Labour Relations Act 1974] (qualifying period for protection from unfair dismissal) and [F439section 49 of the M58Employment Protection (Consolidation) Act 1978] (minimum periods of notice)—

(a)the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b)the change of employment shall not break the continuity of the period of employment.

218—221.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F440S

F441222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F442223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F443224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

225 Local Acts and instruments.S

(1)Subject to subsections (2)

and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a)notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b)have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2)Subsection (1)

above shall have effect subject to the provisions of—

(a)this Act, other than Part I of Schedule 27;

(b)any Act passed after this Act and before 16th May 1975; and

(c)any order made under section 215 of this Act or the following provisions of this section.

(3)Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4)Subsection (3)

above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5)Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a)extend the provision throughout the new local government area in which it is continued in force;

(b)provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c)make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d)repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e)transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f)with prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(6)[F444Subject to sections 134(2), 135 and 137 of the M59Civic Government (Scotland) Act 1982 and any order under these sections,] All local statutory provisions to which this subsection applies shall cease to have effect at the end of [F4451984], but—

(a)the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;

(b)the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(7)An instrument containing an order under subsection (5)

or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect:

(9)This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions—

(a)a provision of a local Act, the Bill for which was promoted by a local authority;

(b)a provision of an Act confirming a provisional order made on the application of a local authority;

(c)a provision of an order made on such an application which was subject to special parliamentary procedure;

not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.

(10)In subsection (9)

above “local authority” means—

(a)a council of a county, county of city, burgh or district;

(b)any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above;

and “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

F446226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

227 Abolition of Dean of Guild Court.S

On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.

228 Abolition of fiars courts for counties, etc.S

(1)The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.

(2)Subject to the provisions of section 12 of the M61Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.

(3)In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.

(4)Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.

F447(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “the appointed day” means the day appointed under section 238 of this Act for the coming into operation of this section.

F448229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F449230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

231 Application to sheriff in cases of difficulty.S

(1)Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.

(2)Subject to any order made by the sheriff, all expenses incurrred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.

232 Provisions regarding applications to court.S

(1)Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.

(2)Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

(3)Where any application is presented to two or more sheriffs principal under this Act and they are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.

233 Orders, rules and regulations.S

(1)Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), [F450210(7)] 211 or 221 shall be exercisable by statutory instrument.

(2)Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.

(3)An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.

234 Expenses.S

There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by any Minister under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

235 General provisions as to interpretation.S

(1)In this Act, except where the context otherwise requires—

• “appropriate Minister”, with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

• F451. . .

• F451. . .

• “education authority”, “educational establishment”, “further education” and “school” have the same meanings as in [F452the M62Education (Scotland) Act 1980];

• F451. . .

• [F453“electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;]

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• “existing”, in relation to any authority, means that authority as they existed immediately before the passing of this Act;

• “financial year” has [F454, except in section 98,] the meaning assigned to it by section 96(5) of this Act;

• “joint board” means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• “joint committee” means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• “land” includes land covered with water and any interest right or servitude in or over land;

• [F455“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• “new”, in relation to any authority, means that authority as established by or under this Act;

• “1947 Act” means the M63Local Government (Scotland) Act 1947;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “rating authority” [F456shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994];

• F457. . .

(2)Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.

(3)Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4)In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

236 Savings.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F458

(2)F459. . . Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—

(a)The Burial Grounds Acts;

(b)The Military Lands Acts 1892 to 1903;

(c)The M64Cremation Act 1902;

(d)The Housing (Scotland) [F460Act 1987];

F461(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)The Education (Scotland) Acts 1939 to 1973;

(g)The M65Police (Scotland) Act 1967;

(h)Any local Act.

(3)Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.

237 Repeals.S

(1)The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2)Without prejudice to [F462section 17(2) of the M66Interpretation Act 1978], where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

238 Short title, commencement and extent.S

(1)This Act may be cited as the Local Government (Scotland) Act 1973.

(2)This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.

(3)This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 F463. . . extends to Scotland only.

SCHEDULES

F464SCHEDULE 1S

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

F465SCHEDULE 2S

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

SCHEDULE 3S

F4671S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4682—18.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46919S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47020—23.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12.

SCHEDULE 4S Constitution and Proceedings of the Local Government Boundary Commission for Scotland

1(1)The Boundary Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.S

(2)The members of the Commission 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 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.

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

2(1)There shall be paid to each member of the Boundary Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State F471. . ..S

(2)The Commission may pay such pension, allowance or gratuity to or in respect of any member of the Commission on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, F471. . . determine.

(3)If a person ceases to be a member of the Commission, 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, F471. . . require the Commission to pay to that person a sum of such amount as the Secretary of State may F471. . . determine.

F4723S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4(1)The Secretary of State may appoint, to assist and advise the Boundary Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.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 [F473the Treasury].

5SAt any meeting of the Boundary Commission three shall be the quorum.

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

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 the Boundary Commission at and in connection with their meetings shall be such as they may from time to time determine.

Officers and servants, remuneration and expensesS

8(1)The Secretary of State may appoint a secretary to the Boundary Commission and such other officers and servants of the Commission as he may F474. . . determine.S

(2)Before appointing a person to be secretary to the Commission, the Secretary of State shall consult with the Commission.

(3)The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State F474. . ..

(4)The Commission may, with the approval of the Secretary of State F474. . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

(5)The Commission 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.

9SThe expenses of the Boundary Commission 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 the Commission, 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 the Commission,

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by F475[the Scottish Ministers].

Proof of documentsS

10(1)Every document purporting to be an instrument made or issued by the Boundary Commission and to be duly sealed with the seal of the Commission 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 the Commission.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 the Commission to be a true copy of the instrument.

F476F476SCHEDULE 5S

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

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 the Boundary Commission 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 [F479, the number [F480calculated 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.

[F481but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.]

2SThe strict application of the rule stated in paragraph 1(2) F482. . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.

Section 97.

SCHEDULE 7S Meetings and Proceedings of Local Authorities

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 [F483convener] 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.

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 F484. . . 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 F484. . . 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 [F485and 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.

3(1)At a meeting of a council the [F486convener], if present, shall preside.S

[F487(2)If the [F486convener] is absent from a meeting of the council, the [F486depute convener] shall preside.

(3)If the [F486convener] and [F486depute 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 [F488and to any provisions of standing orders relating to the suspension of such orders][F489or 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 [F488of a member of the council] to any particular office or committee, in which case the decision shall be by lot.

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

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.

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.

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.

10S[F490(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 [F491recorded under paragraph 6 above as having been] present at the meeting shall be deemed to have been duly qualified.

[F492SCHEDULE 7AS Access to Information: Exempt Information

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 relating to the supervision or residence of any particular child in accordance with a supervision requirement made in respect of that child under the M68Social Work (Scotland) Act 1968.

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—

[F493(a)the Companies Acts (as defined in section 2(1) of the Companies Act 2006);]

(b)the M69 Friendly Societies Act 1974;

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

(d)the M70Building 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 M71Trade 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, [F494within 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;

(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 [F495or 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; [F496and]

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

(i)any local authority [F497or 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 [F497or 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.]

Section 97.

SCHEDULE 8S Provisions as to the [F498Accounts Commission for Scotland]

1SThe [F499Accounts 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.

[F5003ASThere may be paid to any member of the Commission F501. . . such salary or fees and allowances as may be approved by the Secretary of State][F502; and such salary, fees and allowances shall be paid by Audit Scotland].

4(1)At any meeting of the Commission [F503, including any hearing under section 103 of this Act,] the quorum shall be [F504four] 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.

F5055S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5066S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F507. . .

Section 122.

X11SCHEDULE 9S Amendments with respect to Finance

M73The Local Government (Scotland) Act 1947S

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.”

F5083—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.

F5098S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F51011S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F51113—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 M74Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the M75Housing (Scotland) Act 1966”.

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 M76Local Government Act 1948S

F51237S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M77Rating and Valuation (Scotland) Act 1952S

F51340S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51441S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51542S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51643S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M78Valuation and Rating (Scotland) Act 1956S

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.

F51745, 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 M79Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958S

52SSection 8 shall cease to have effect.

The M80Local Government (Financial Provisions) (Scotland) Act 1963S

F51853S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”; F519. . ..

(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.

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 M81Local Government (Development and Finance) (Scotland) Act 1964S

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 M82Rating Act 1966S

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.

F52064S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M83Local Government (Scotland) Act 1966S

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.

F52173S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M84Post Office Act 1969S

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.”

F522SCHEDULE 10S

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

F530SCHEDULE 11S

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

Section 130.

X12SCHEDULE 12S Amendment of Enactments Relating to Housing

F5311S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5322S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M85Housing and Town Development (Scotland) Act 1957S

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 M86Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.

F5334S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5345S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5356—10.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53611S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53712—19.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M87Housing Subsidies Act 1967S

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”.

F53821, 22.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53923S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54024S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F541Schedule 13S

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

F544Schedule 14S

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

Section 134.

X13SCHEDULE 15S Amendment of Enactments Relating to Building

F565Part IS The M95Building (Scotland) Act 1959

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Part IIS Other Enactments

F56625S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56726S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56827S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56928S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29SIn the M97Thermal 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 M98Building (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”.

30SF570. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 135.

X14Schedule 16S Amendment of Enactments Relating to River Purification

M99Rivers (Prevention of Pollution) (Scotland) Act 1951S

F5711S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5722S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5733S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5744S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5755S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F5767S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5778S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5789S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57910S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 148.

X15SCHEDULE 17U.K. Amendment of Enactments relating to Water

GeneralS

[F5801(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 M100Water (Scotland) Act 1967) F581. . . shall be construed respectively as a reference to a water authority or to the limits of supply of such an authority F581. . .;

(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

F5822S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5833—63.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F584 The Water Act 1973]U.K.

[F58564U.K.In the Water Act M1011973 any reference to a regional water board shall be construed as a reference to water authority.]

Section 150.

X16SCHEDULE 18S Amendment of certain Enactments Relating to Transport

Part IS Amendment of the M102Transport Act 1968

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

F586(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”;

F586(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F587(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F58810, 11.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F58918S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.”.

F59020S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F591(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 M103Light Railways Act 1896S

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 M104Road Traffic Act 1930S

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 M105Transport Charges Etc. (Miscellaneous Provisions) Act 1954S

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”.

F59226S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59327, 28.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M106Local 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”.

F59430—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

X17Schedule 19S Amendment of Enactments Relating to Piers, Harbours, Etc.

The M107Harbours, Docks and Piers Clauses Act 1847S

F5951S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M108General Pier and Harbour Act 1861, Amendment Act 1862S

F5965S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M109Congested Districts (Scotland) Act 1897S

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 M110Harbours, Piers and Ferries (Scotland) Act 1937S

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.”

F5978S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M111Highlands and Islands Shipping Services Act 1960S

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 M112Harbours Act 1964S

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”.

F598SCHEDULE 20S

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Section 163.

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

The M113Public Libraries Consolidation (Scotland) Act 1887S

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.

X182SFor 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.”.

X193SIn 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”.

X204SIn 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.

X215SIn 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”;

X226SFor 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.”

X237SIn 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.

The M114Public Libraries (Scotland) Act 1920S

X248SThe whole Act shall cease to have effect.

The M115Public Libraries (Scotland) Act 1955S

X259SSection 3 (revocation of decision to adopt the principal Act) shall cease to have effect.

X2610SIn 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”.

The M116Education (Scotland) Act 1962S

X2711SIn 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”.

The M117Education (Scotland) Act 1969S

X2812SIn 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”.

F600SCHEDULE 22S

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

Section 184.

X29Schedule 23S Amendment of Enactments Relating to Planning

F6051S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M118Caravan Sites and Control of Development Act 1960S

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

F606(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 M119Town and Country Planning (Scotland) Act 1947S

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 M120Town and Country Planning (Scotland) Act 1959S

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”;

F607(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 M121Civic Amenities Act 1967S

F6086S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M122New Towns (Scotland) Act 1968S

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”.

F60914S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61015S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M123Town and Country Planning (Scotland) Act 1972S

F61116S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61217S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61318S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61419S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61520S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61621S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61722S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61823S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61924S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62025S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62126S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62227S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62328S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62429S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62530U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62631S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62732S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62833S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62934S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 186, 187, 188.

X30Schedule 24S Amendment of Enactments Relating to Licensing, etc.

Part IS

F6301—24.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIS Betting, Gaming and Lotteries

The M124Betting, Gaming and Lotteries Act 1963S

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;”;

(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,

F63128, 29.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M125Gaming Act 1968S

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

F63233S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M126Performing Animals (Regulation) Act 1925S

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.

F63335S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M127Methylated Spirits (Sale by Retail) (Scotland) Act 1937S

36SF634. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M128House to House Collections Act 1939S

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;”

The M129War Charities Act 1940S

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 ””;

The M130Pet Animals Act 1951S

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 M131Hypnotism Act 1952S

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 M132Animal Boarding Establishments Act 1963S

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 M133Riding Establishments Act 1964S

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 M134Local Government (Scotland) Act 1966S

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 ”.

M135Sale of Venison (Scotland) Act 1968S

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 M136Theatres Act 1968S

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 M137Vehicle and Driving Licences Act 1969S

F63546S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M138Poisons Act 1972S

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.

X31Schedule 25S Relaxation of Controls

The M139Roads and Bridges (Scotland) Amendment Act 1892S

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

The M140Burgh Police (Scotland) Act 1892S

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 M141Burgh Police (Scotland) Act 1903S

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 M142Milk and Dairies (Scotland) Act 1914S

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

The M143Performing Animals (Regulation) Act 1925S

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 M144Roads Improvement Act 1925S

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

The M145Slaughter of Animals (Scotland) Act 1928S

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 M146Bridges Act 1929S

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 M147Road Traffic Act 1930S

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.

F63615S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M148Harbours, Piers and Ferries (Scotland) Act 1937S

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

The M149Methylated Spirits (Sale by Retail) (Scotland) Act 1937S

17SF637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63818—23S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63924S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M150Highways (Provision of Cattle-Grids) Act 1950S

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 M151Pet Animals Act 1951S

26SIn section 1(2) (licensing of pet shops), the words “ not exceeding £2 ” shall cease to have effect.

The M152Food and Drugs (Scotland) Act 1956S

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.

F64029—31.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M153Animal Boarding Establishments Act 1963S

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

The M154Riding Establishments Act 1964S

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 ”.

F64134—38.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64239S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M155Countryside (Scotland) Act 1967S

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 M156Social Work (Scotland) Act 1968S

F64341S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M157Transport Act 1968S

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 M158Town and Country Planning (Scotland) Act 1972 .S

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.

X32Schedule 26U.K. Amendments of the M159Tweed Fisheries Act 1969

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

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.

X33Part IIS Minor and Consequential Amendments

The M160Jury Trials (Scotland) Act 1815S

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 M161Riotous Assemblies (Scotland) Act 1822S

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 M162Jurors (Scotland) Act 1825S

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”.

F6446, 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 M163Court of Session Act 1868S

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

The M164Explosives Act 1875S

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 M165Militia Act 1882S

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

F64513, 14.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64615S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M166Allotments (Scotland) Act 1892S

16SIn section 2(1) (duty to acquire land for allotments), the following amendments shall be made—

(a)for the words from “the case of a burgh” to “that parish” there shall be substituted the words “ their area ”;

(b)for the words “the burgh or parish” there shall be substituted the words “ the area ”;

(c)for the words “such burgh or in such parish” there shall be substituted the words “ their area ”;

(d)for the words “the said burgh or the said parish” there shall be substituted the words “ their area ”;

(e)for the words “the said burgh or parish” there shall be substituted the words “ their area ”.

17SIn section 6(2) (management of allotments), for the words “the burgh or parish” there shall be substituted the words “ their area ”.

18SIn section 8(2) (recovery of rent), for the words from “the burgh” to “provided” there shall be substituted the words “ their area ” and for the words “the burgh or parish” (in both places where they subsequently occur) there shall be substituted the words “ their area ”.

19SIn section 14 (register of tenancies), for the words “the burgh or the parish” there shall be substituted the words “ their area ”, for the words “such burgh or parish” there shall be substituted the words “ such area ” and for the words “burgh or parish” (where last occurring) there shall be substituted the word “ area ”.

20SIn section 16 (definitions), in the definition of “local authority”, for the words from “in” (where first occurring) onwards there shall be substituted the words “ an islands or a district council ”.

The M167Local Government (Scotland) Act 1894S

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 M168 Merchant Shipping Act 1894S

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 M169Public Health (Scotland) Act 1897S

26SF647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27SF648. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28SF649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29SF650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65130S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65231S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65332S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33SF654. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34SF655. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35SF656. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36SF657. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65837S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65938S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39SF660. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40SF661. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41SF662. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42SF663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43SF664. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44SF665. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45SF666. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46SF667. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47SF668. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48SF669. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67049S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67150S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M170Milk and Dairies (Scotland) Act 1914S

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 M171Police, Factories &c. (Miscellaneous Provisions) Act 1916S

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 M172Land Settlement (Scotland) Act 1919S

54SIn section 18(2) (powers regarding allotments), for the words “town councils” and “town council” there shall be substituted respectively the words “ local authorities ” and “ local authority ”.

F67255S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M173Celluloid and Cinematograph Film Act 1922S

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 ”.

The M174Allotments (Scotland) Act 1922S

58SIn section 7 (common pasture), for the words “the burgh or parish” (wherever they occur) there shall be substituted the words “ their area ”.

59SIn section 10(1) (powers of entry), for the words “town council or parish council” there shall be substituted the words “ local authority ”.

60Sin section 19(1) (interpretation), in the definition of “local authority”, for the words “a town council or parish” there shall be substituted the words “ an islands area or a district ”.

The M175Milk and Dairies (Amendment) Act 1922S

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 M176Church of Scotland (Properly and Endowments) Act 1925S

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 ”.

F67368S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M177Agricultural Produce (Grading and Marking) Act 1928S

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 M178Slaughter of Animals (Scotland) Act 1928S

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

The M179Petroleum (Consolidation) Act 1928S

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 M180Local Government (Scotland) Act 1929S

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 M181Reservoirs (Safety Provisions) Act 1930S

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 M182Agricultural Land (Utilisation) Act 1931S

F67478S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M183Church of Scotland (Property and Endowments) Amendment Act 1933S

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 M184Private Legislation Procedure (Scotland) Act 1936S

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 M185Children and Young Persons (Scotland) Act 1937S

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.”,

The M186Air-Raid Precautions Act 1937S

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 M187Civil Defence Act 1939S

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 M188Public Health (Scotland) Act 1945S

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 M189Civic Restaurants Act 1947S

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 ”.

F67587S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M190Local Government Act 1948S

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

The M191National Assistance Act 1948S

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. ”.

F67690S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M192Civil Defence Act 1948S

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 M193Finance Act 1949S

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”.

F67797, 98.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M194Criminal Justice (Scotland) Act 1949S

99SIn section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.

The M195National Parks and Access to the Countryside Act 1949S

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 ”.

F678101S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M196Allotments (Scotland) Act 1950S

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 M197Rag Flock and Other Filling Materials Act 1951S

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 M198Prisons (Scotland) Act 1952S

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 M199 (Scotland) Act 1967 it means a joint police committee ”.

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 M200Post Office Act 1953S

F679112S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M201Emergency Laws (Miscellaneous Provisions) Act 1953S

113SIn section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.

F680114S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F681115S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M202Slaughterhouses Act 1954S

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 M203Long Leases (Scotland) Act 1954S

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 M204Army Act 1955S

118SIn section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M205Air Force Act 1955S

119SIn section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M206Crofters (Scotland) Act 1955S

120SIn section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.

The M207Food and Drugs (Scotland) Act 1956S

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 M208Agriculture (Safety, Health and Welfare Provisions) Act 1956S

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 M209Clean Air Act 1956S

F682128S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F683129—131.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M210Coal-Mining (Subsidence) Act 1957S

F684132S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M211Land Drainage (Scotland) Act 1958S

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 M212Disabled Persons (Employment) Act 1958S

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 M213Matrimonial Proceedings (Children) Act 1958S

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 M214Trading Representations (Disabled Persons) Act 1958S

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 ”.

F685140S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M215Opencast Coal Act 1958S

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 M216Adoption Act 1958S

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 M217Deer (Scotland) Act 1959S

F686143S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M218Radioactive Substances Act 1960S

F687144S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M219Public Bodies (Admission to Meetings) Act 1960S

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 ”.

The M220Noise Abatement Act 1960S

146SIn section 1(5)(a) (noise or vibration nuisance), for the words “a county or town council” there shall be substituted the words “ the islands or district council ”.

147SIn section 2(5)(b) (restriction of operation on highways etc. of loudspeakers), for the words “a county council, town council” there shall be substituted the words “ the islands ”.

148SIn section 4 (saving for byelaws), for the words “subsection (5) of section 300 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ section 201(3) of the Local Government (Scotland) Act 1973 ”.

F688149, 150.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M221Flood Prevention (Scotland) Act 1961S

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;”

F689(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M222Building Societies Act 1962S

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 M223Local Government (Development and Finance) (Scotland) Act 1964S

F690153S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

F691156, 157.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M224Gas Act 1965S

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 ”;

F692(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F693159S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M225Highlands and Islands Development (Scotland) Act 1965S

[F694160SIn 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 ”.

F695162S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F696163S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M226Local Government (Scotland) Act 1966S

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 ”.

F697165S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M227Forestry Act 1967S

166SIn section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M228Slaughter of Poultry Act 1967S

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 ”.

F698168S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F699169, 170.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M229Countryside (Scotland) Act 1967S

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 M230Capital Allowances Act 1968S

173SIn section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.

The M231Trade Descriptions Act 1968S

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 M232Weights 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 M233Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The M234Health Services and Public Health Act 1968S

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 M235Sewerage (Scotland) Act 1968S

179SIn section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.

F700180S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.”.

F701182S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M236Social Work (Scotland) Act 1968S

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”.

F702185S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, ”.

F703187S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F704188—190.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M237Medicines Act 1968S

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 M238Mines and Quarries (Tips) Act 1969S

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 M239Post Office Act 1969S

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 M240Development of Tourism Act 1969S

F705194S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M241Local Authorities (Goods and Services) Act 1970S

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 M242 Agriculture Act 1970S

F706197S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M243Fire Precautions Act 1971S

200SF707. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F708201S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M244Island of Rockall Act 1972S

202SIn section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.

The M245National Health Service (Scotland) Act 1972S

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 M246Gas Act 1972S

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 M247Agriculture (Miscellaneous Provisions) Act 1972S

205SF709. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

F710207S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M248Employment Agencies Act 1973S

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 M249Hallmarking Act 1973S

209SIn section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the M250Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The M251Badgers Act 1973S

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 M252Breeding of Dogs Act 1973S

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 ”.

F711Schedule 28S

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

Section 237.

X34Schedule 29S Repeals