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http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/paragraph/129

Local Government etc. (Scotland) Act 1994

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

1994-11-03

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Statute Law Database

2023-06-05

Expert Participation

2023-04-01

Local Government etc. (Scotland) Act 1994

Sch. 13

para. 129(16)

Charities and Trustee Investment (Scotland) Act 2005

sch. 4

para. 11

s. 107(2)

SCHEDULE 13 Minor and Consequential Amendments

The Civic Government (Scotland) Act 1982 (c.45)

I1129

1

The Civic Government (Scotland) Act 1982 shall be amended in accordance with this paragraph.

2

In section 2 (licensing authorities)—

a

in subsection (1), for “each district and islands area” substitute “ the area of each local authority ”; and

b

in each of subsections (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”.

3

In section 45 (control of sex shops)—

a

in subsection (1), for “district or islands council” substitute “ local authority ”; and

b

in subsection (2)—

i

for “district or islands council” substitute “ local authority ”; and

ii

for “council’s” substitute “ authority’s ”.

4

In section 62 (notification of processions)—

a

in subsection (1)—

i

for “regional or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

b

in each of subsections (2), (4), (7), (9) and (11), for “regional or islands council”, wherever it occurs, substitute “ local authority ”;

c

in subsection (6)—

i

for “regional or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly occurs, substitute “ authority ”; and

d

in subsection (12), in the definition of “chief constable”—

i

for “regional or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly occurs, substitute “ authority ”.

5

In section 63 (functions of authorities in relation to processions), in each of subsections (1), (1A)(a), (3) and (4), for “regional or islands council”, wherever it occurs, substitute “ local authority ”.

6

In section 64 (appeals against orders under section 63)—

a

in subsection (4), for “regional or islands council” substitute “ local authority ”;

b

in subsection (6)—

i

in paragraph (a)(i), for “regional or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly and thirdly occurs, substitute “ authority ”; and

c

in subsection (7), for “council” substitute “ authority ”.

7

In section 87 (local authorities’ powers in relation to buildings in need of repair), subsection (6) shall cease to have effect.

8

In section 89 (safety of platforms etc.), subsection (10) shall cease to have effect.

9

In section 90 (lighting of common stairs etc.)—

a

in each of subsections (2), (3), (4), (5), (6), (7), (8) and (9), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

b

in each of subsections (8) and (9), for “council”, where it secondly occurs, substitute “ authority ”.

10

In section 91 (installation of lights in private property)—

a

in subsection (1)—

i

for “district or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly occurs, substitute “ authority ”;

b

in subsection (2), for “district or islands council” substitute “ local authority ”; and

c

in subsection (3)—

i

for “district or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly and thirdly occurs, substitute “ authority ”.

11

In section 92 (cleaning and painting of common stairs etc.)—

a

in each of subsections (2), (3), (4), (6), (7) and (8), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

b

in subsection (8), for “council”, where it secondly and thirdly occurs, substitute “ authority ”.

12

In section 94 (disused petrol containers)—

a

in subsection (2), for “regional or islands council” substitute “ local authority ”; and

b

in subsection (3)—

i

for “regional or islands council” substitute “ local authority ”; and

ii

for “council”, where it secondly occurs, substitute “ authority ”.

13

In section 95 (private open spaces), in each of subsections (2) and (3)(b), for “district or islands council” substitute “ local authority ”.

14

In section 96(1) (statues and monuments)—

a

for “district or island council” substitute “ local authority ”; and

b

for “council”, where it secondly occurs, substitute “ authority ”.

15

In section 97 (street names and house numbers), for “district or islands council” substitute “ local authority ”.

16

In section 119 (regulation of charitable collections)—

a

in each of subsections (1), (3), (4), (5), (6), (7), (8), (9), (10)(a) and (b) and (12), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

b

in subsection (3), for “council”, where it secondly occurs, substitute “ authority ”.

17

In section 120 (savings for Crown and other rights), for “district or islands council” substitute “ local authority ”.

18

In section 121 (control of the seashore, adjacent waters and inland waters)—

a

in each of subsections (1), (3), (4), (5)(a) and (c), (6), (7), (8), (9), (10) and (11), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

b

in subsection (7), for “council”, where it secondly occurs, substitute “ authority ”.

19

In section 122 (power to execute works on seashore)—

a

in each of subsections (1), (3), (4) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

b

in subsection (2)—

i

in paragraph (a), for “council” substitute “ local authority ”; and

ii

in paragraph (b)—

A

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

B

in sub-paragraph (ii), for “the district council” substitute “ any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles ”; and

C

sub-paragraph (iii) and the word “and” immediately preceding it shall cease to have effect;

c

in subsection (5), for “council”, where it secondly occurs, substitute “ local authority ”.

20

In section 123 (interpretation of sections 120 to 122)—

a

in subsection (1), in the definition of “adjacent waters”, in paragraph (b), for “district council” substitute “ local authority ”; and

b

in subsection (2), after the words “purposes of”, where they secondly occur, insert “ giving notice or, as the case may be, ”.

21

In section 133 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

22

In Schedule 2 (control of sex shops)—

a

in each of paragraphs 3, 4, 5(1), (3), (4), (5), (6), (7) and (8), 7(2), (7), (8) and (10) and 8(1), (2), (3), (4), (5), (6), (7) and (8), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

b

in paragraph 6—

i

in sub-paragraph (1), for “district or islands council” substitute “ local authority ”; and

ii

in sub-paragraph (6), for “islands or district council” substitute “ local authority ”;

c

in paragraph 9—

i

in sub-paragraphs (1), (2), (4) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

ii

in sub-paragraphs (3)(g) and (h), for “council”, in each place where it occurs, substitute “ local authority ”;

d

in paragraph 10—

i

in sub-paragraphs (1), (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

ii

in sub-paragraph (3), for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

e

in paragraph 12(1), (2)(b), (3), (4) and (6) for “district or islands council”, wherever it occurs, substitute “ local authority ”;

f

in paragraph 13—

i

in sub-paragraphs (1), (2), (4), (5), (6), (7), (8), (9) and (10), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

ii

in sub-paragraphs (6) and (9), for “council”, where it secondly occurs in each of those paragraphs, substitute “ authority ”;

g

in paragraph 14—

i

in sub-paragraph (1), for “islands or district council” substitute “ local authority ”; and

ii

in sub-paragraphs (2), (3), (4), (5), (6) and (7), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

h

in paragraph 15—

i

in sub-paragraphs (1), (2), (3) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

ii

in sub-paragraph (2)(b), for “council” substitute “ authority ”; and

iii

in sub-paragraph (3), for “council”, where it secondly occurs, substitute “ local authority ”;

i

in paragraph 16(1), (2), (3) and (4), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

j

in paragraph 17—

i

in sub-paragraphs (1), (2) and (4), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

ii

in sub-paragraph (4), for “council”, where it secondly occurs, substitute “ authority ”;

k

in paragraph 18—

i

in sub-paragraphs (1) and (2), for “district or islands council” substitute “ local authority ”;

ii

in sub-paragraph (1), for “council”, where it secondly occurs, substitute “ authority ”; and

iii

in sub-paragraph (2), for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

l

in each of paragraphs 19(8) and 20(1), (3) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

m

in paragraph 22—

i

for “district or islands council” substitute “ local authority ”; and

ii

for “its” substitute “ their ”;

n

in paragraph 23—

i

in sub-paragraphs (1), (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

ii

in sub-paragraph (2), for “council”, where it secondly occurs, substitute “ authority ”; and

iii

in sub-paragraph (4)(c), for “council” substitute “ local authority ”;

o

in paragraph 24—

i

in sub-paragraphs (1), (2)(a), (3), (6), (7) and (9), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

ii

in sub-paragraph (6), for “council”, where it secondly, thirdly and fourthly occurs, substitute “ authority ”; and

iii

in sub-paragraph (9)(b), for “council” substitute “ authority ”; and

p

in paragraph 25(1) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”.