SCHEDULES

F1SCHEDULE 1S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2SCHEDULE 2S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3S

F41S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52—18.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F619S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F720—23.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12.

SCHEDULE 4S [F8Constitution and proceedings of Boundaries Scotland]

1(1)[F9Boundaries Scotland] shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.S

(2)The members of [F10Boundaries Scotland] 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 [F11Boundaries Scotland] 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 [F11Boundaries Scotland] 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 [F12Boundaries Scotland] shall be authenticated by the signature of a member of [F12Boundaries Scotland] or of some other person authorised in that behalf by [F12Boundaries Scotland].

2(1)There shall be paid to each member of [F13Boundaries Scotland] such salary or fees and allowances as may from time to time be determined by the Secretary of State F14. . ..S

(2)[F15Boundaries Scotland] may pay such pension, allowance or gratuity to or in respect of any member of [F15Boundaries Scotland] on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, F14. . . determine.

(3)If a person ceases to be a member of [F16Boundaries Scotland], 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, F14. . . require [F16Boundaries Scotland] to pay to that person a sum of such amount as the Secretary of State may F14. . . determine.

F173S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4(1)The Secretary of State may appoint, to assist and advise [F18Boundaries Scotland] in the exercise of [F19its] functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to [F20Boundaries Scotland].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 [F21the Treasury].

5SAt any meeting of [F22Boundaries Scotland] three shall be the quorum.

6SAll acts done at a meeting of [F23Boundaries Scotland] shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of [F24Boundaries Scotland], 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 [F25Boundaries Scotland] at and in connection with [F26its] meetings shall be such as [F27it] may from time to time determine.

Officers and servants, remuneration and expensesS

8(1)The Secretary of State may appoint a secretary to [F28Boundaries Scotland] and such other officers and servants of [F29Boundaries Scotland] as he may F30. . . determine.S

(2)Before appointing a person to be secretary to [F31Boundaries Scotland], the Secretary of State shall consult with [F31Boundaries Scotland].

(3)The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State F30. . ..

(4)[F32Boundaries Scotland] may, with the approval of the Secretary of State F30. . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

(5)[F33Boundaries Scotland] 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 [F34Boundaries Scotland] 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 [F35Boundaries Scotland], 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 [F36Boundaries Scotland],

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by [F37the Scottish Ministers.]

Proof of documentsS

10(1)Every document purporting to be an instrument made or issued by [F38Boundaries Scotland] and to be duly sealed with the seal of [F39Boundaries Scotland] 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 [F39Boundaries Scotland].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 [F40Boundaries Scotland] to be a true copy of the instrument.

F41F41SCHEDULE 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 [F44Boundaries Scotland] 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 [F45, the number [F46calculated 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.

[F47but 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) F48. . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.

Section 29(8)

[F49SCHEDULE 6AU.K.Candidacy Rights of Foreign Nationals

List of countries for the purposes of section 29(8)U.K.

1This is the list of countries referred to in section 29(8)—

• [F50Denmark]

• Luxembourg

• Poland

• Portugal

• Spain.

Amendment of list of countriesU.K.

2The Scottish Ministers must by regulations add a country to the list in paragraph 1 where—

(a)the United Kingdom and the country intend to become parties to a relevant treaty, and

(b)section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.

3The Scottish Ministers may by regulations remove a country for the time being listed in paragraph 1 where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.

4Regulations under paragraph 2 or 3—

(a)may include incidental, supplementary, consequential, transitional, transitory or saving provision,

(b)are subject to the negative procedure.

5In this schedule—

• “ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010,

• “relevant treaty” means a treaty containing provision relating to eligibility to stand as a candidate at local government elections,

• “treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).]

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 [F51convener] 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 F52. . . 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 F52. . . 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 [F53and 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 [F54convener], if present, shall preside.S

[F55(2)If the [F54convener] is absent from a meeting of the council, the [F54depute convener] shall preside.

(3)If the [F54convener] and [F54depute 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 [F56and to any provisions of standing orders relating to the suspension of such orders][F57or 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 [F56of 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[F58(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 [F59recorded under paragraph 6 above as having been] present at the meeting shall be deemed to have been duly qualified.

[F60SCHEDULE 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 [F61where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.]

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—

[F62(a)the Companies Acts (as defined in section 2(1) of the Companies Act 2006);]

(b)the M2 Friendly Societies Act 1974;

(c)the Industrial and Provident Societies Acts 1965 to 1978; or

(d)the M3Building 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 M4Trade 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, [F63within 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 [F64or 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; [F65and]

(b)in the case of a committee or sub-committee, to—

(i)any local authority [F66or 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 [F66or 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 [F67Accounts Commission for Scotland]

1SThe [F68Accounts 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.

[F693ASThere may be paid to any member of the Commission F70. . . such salary or fees and allowances as may be approved by the Secretary of State][F71; and such salary, fees and allowances shall be paid by Audit Scotland].

4(1)At any meeting of the Commission [F72, including any hearing under section 103 of this Act,] the quorum shall be [F73four] 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.

F745S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F756S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F76. . .

Section 122.

X1SCHEDULE 9S Amendments with respect to Finance

M6The 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.”

F773—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.

F788S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F7911S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12SIn section 252, the words from “whether such expenses” to “county council” shall cease to have effect.

F8013—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 M7Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the M8Housing (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 M9Local Government Act 1948S

F8137S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M10Rating and Valuation (Scotland) Act 1952S

F8240S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8341S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8442S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8543S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M11Valuation 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.

F8645, 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 M12Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958S

52SSection 8 shall cease to have effect.

The M13Local Government (Financial Provisions) (Scotland) Act 1963S

F8753S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”; F88. . ..

(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 M14Local 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 M15Rating 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.

F8964S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M16Local 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.

F9073S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M17Post 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.”

F91SCHEDULE 10S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99SCHEDULE 11S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 130.

X2SCHEDULE 12S Amendment of Enactments Relating to Housing

F1001S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1012S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M18Housing 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 M19Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.

F1024S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1035S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1046—10.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10511S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10612—19.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M20Housing 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”.

F10721, 22.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10823S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10924S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110Schedule 13S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Schedule 14S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 134.

X3SCHEDULE 15S Amendment of Enactments Relating to Building

F134Part IS The M28Building (Scotland) Act 1959

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIS Other Enactments

F13525S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13626S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13727S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13828S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29SIn the M30Thermal 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 M31Building (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”.

30SF139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 135.

X4Schedule 16S Amendment of Enactments Relating to River Purification

M32Rivers (Prevention of Pollution) (Scotland) Act 1951S

F1401S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1412S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1423S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1434S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1445S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F1457S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1468S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1479S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14810S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 148.

X5SCHEDULE 17U.K. Amendment of Enactments relating to Water

GeneralS

[F1491(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 M33Water (Scotland) Act 1967) F150. . . shall be construed respectively as a reference to a water authority or to the limits of supply of such an authority F150. . .;

(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

F1512S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1523—63.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F153 The Water Act 1973]U.K.

[F15464U.K.In the Water Act M341973 any reference to a regional water board shall be construed as a reference to water authority.]

Section 150.

X6SCHEDULE 18S Amendment of certain Enactments Relating to Transport

Part IS Amendment of the M35Transport Act 1968

1SIn section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—

F155(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”;

F155(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”.

F156(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.

F15710, 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.

F15818S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.”.

F15920S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F160(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 M36Light 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 M37Road 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 M38Transport 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”.

F16126S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16227, 28.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M39Local 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”.

F16330—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

X7Schedule 19S Amendment of Enactments Relating to Piers, Harbours, Etc.

The M40Harbours, Docks and Piers Clauses Act 1847S

F1641S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M41General Pier and Harbour Act 1861, Amendment Act 1862S

F1655S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M42Congested 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 M43Harbours, 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.”

F1668S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M44Highlands 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 M45Harbours 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”.

F167SCHEDULE 20S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 163.

SCHEDULE 21S Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries

The M46Public 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.

X82SFor 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.”.

X93SIn 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”.

X104SIn 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.

X115SIn 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”;

X126SFor 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.”

X137SIn 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 M47Public Libraries (Scotland) Act 1920S

X148SThe whole Act shall cease to have effect.

The M48Public Libraries (Scotland) Act 1955S

X159SSection 3 (revocation of decision to adopt the principal Act) shall cease to have effect.

X1610SIn 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 M49Education (Scotland) Act 1962S

X1711SIn 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 M50Education (Scotland) Act 1969S

X1812SIn 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”.

F169SCHEDULE 22S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 184.

X19Schedule 23S Amendment of Enactments Relating to Planning

F1741S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M51Caravan Sites and Control of Development Act 1960S

2SIn section 32(1) (application of Part I to Scotland), the following amendments shall be made—

F175(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 M52Town 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 M53Town 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”;

F176(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 M54Civic Amenities Act 1967S

F1776S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M55New 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”.

F17814S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17915S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M56Town and Country Planning (Scotland) Act 1972S

F18016S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18117S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18218S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18319S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18420S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18521S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18622S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18723S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18824S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18925S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19026S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19127S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19228S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19329S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19430U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19531S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19632S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19733S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19834S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 186, 187, 188.

X20Schedule 24S Amendment of Enactments Relating to Licensing, etc.

Part IS

F1991—24.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIS Betting, Gaming and Lotteries

The M57Betting, 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,

F20028, 29.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M58Gaming 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

F20133S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M59Performing 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.

F20235S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M60Methylated Spirits (Sale by Retail) (Scotland) Act 1937S

36SF203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M61House to House Collections Act 1939S