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Link to original content: http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/paragraph/92/data.xml

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/paragraph/92Local Government etc. (Scotland) Act 1994An 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.1994-11-03texttext/xmlenStatute Law Database2023-06-05Expert Participation2023-04-01 SCHEDULE 13 Minor and Consequential Amendments The Local Government (Scotland) Act 1973 (c.65)921The 1973 Act shall be amended in accordance with this paragraph.2In section 14(1) (duty of the Boundary Commission to review local government areas), for—a“ten”, in both places where it occurs, substitute “ eight ”;b“fifteen”, in both places where it occurs, substitute “ twelve ”; andc“16th May 1975” substitute “ 1st April 1996 ”.3In section 16(2) (duty of the Boundary Commission to review electoral arrangements), for—a“ten”, in both places where it occurs, substitute “ eight ”;b“fifteen”, in both places where it occurs, substitute “ twelve ”; andc“initial” substitute “ first ”.4For section 20 (initial review of areas and electoral arrangements) substitute— First review of electoral arrangements.20Schedule 5 to this Act shall have effect with respect to the first review of electoral arrangements for local government areas after 1st April 1996..5For section 23 (change of name of local government area) substitute— Change of name of local government area.231The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.2Notice of any change of name made under this section—ashall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; andbshall be published in such manner as the Secretary of State may direct.3A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name..6In section 24(5) (provision which may be included in orders under Part II)—ain each of paragraphs (c) and (d), for “areas”, wherever it occurs, substitute “ wards ”; andbin paragraph (f)—ithe words “regional, islands or district” shall cease to have effect; andiifor “area” substitute “ ward ”.7In section 28 (supplementary provision to Part II)—ain subsection (1)—iin the definition of “electoral arrangements”, for “areas” and, where it fourthly occurs, “area” substitute “ wards ” and “ward” respectively; andiifor the definition of “local government area” substitute—“local government area” means the area of a local authority;; andbin subsection (2), for the words “this Act”, where they thirdly occur, substitute “ the Local Government etc. (Scotland) Act 1994. ”.8In section 31 (disqualification for nomination etc.)—afor the words “chairman or vice-chairman”, in both places where they occur, substitute “ convener or depute convener ”;bafter subsection (3) insert—3AA person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.; andcsubsection (4) shall cease to have effect.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10In section 47 (allowances for attending conferences and meetings)—ain subsection (4), the words “, other than a water development board within the meaning of the Water (Scotland) Act 1980,”; andbsubsection (5),shall cease to have effect.11In section 50B (access to agenda and connected reports), in subsection (4)(b), for the word “chairman” substitute “ convener ”.12In section 50K(2)(b) (interpretation), for “the enactment” substitute “ either of the enactments ”.13In section 55 (assistance to community councils), for “islands and district councils” substitute “ councils for local government areas ”.14In section 56 (arrangements for discharge of functions by local authorities)—ain subsection (6), paragraphs (a) and (c) shall cease to have effect; andbin subsection (9)—iin paragraph (b), for “21 and 21A” substitute “ and 21 ”;iiparagraph (c) shall cease to have effect; andiii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15In section 63 (application of Part V to police authorities)—ain subsection (2) the words “or a district council” shall cease to have effect;bin subsection (3), after paragraph (b) insert—csections 62A to 62C.;cin subsections (4) and (5), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;din subsection (5)(a), the words “or district council” shall cease to have effect; andein subsection (5)(b) for the word “committee” substitute “ board ”.16After section 63 insert— Sections 62A to 62C not to apply to fire authority.63ASections 62A to 62C of this Act shall not apply to a local authority in relation to their functions as a fire authority..17In section 64(5) (excepted enactments for purposes of section 64(4))—aparagraphs (c) and (f) shall cease to have effect; andbin paragraph (e), for “directors of social work” substitute “ chief social work officers ”.18In section 67 (members of authorities not to be appointed as officers), for the words “chairman or vice-chairman” substitute “ convener or depute convener ”.19In section 83 (power of local authorities to incur expenditure for certain purposes)—asubsections (2A) and (2B) shall cease to have effect; andbin subsection (3)(c), for the words “chairman of a regional, islands or district council, a chairman” substitute “ convener of a local authority, a convener ”.20In section 84 (powers of local authorities with respect to emergencies), subsection (2) shall cease to have effect.21In section 87 (research and the collection of information)—ain subsection (1)—ifor “council” substitute “ local authority ”; andiithe words “any other local authority in the area,” shall cease to have effect;bin subsection (2)—ifor “a council” substitute “ a local authority ”;iifor the words from “council or” to “the council”, where they first occur, substitute “ local authority ”; andiiithe words from “and where” to the end shall cease to have effect; andcsubsection (3) shall cease to have effect.22In section 92(2) (meanings of certain expressions for purposes of section), in the definition of “securities”, for the words from “has” to the end substitutemeans— ainvestments falling within any of paragraphs 1 to 6 of Schedule 1 to the Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; orbrights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the Industrial and Provident Societies Act 1965 or any building society within the meaning of the Building Societies Act 1986..23In section 93 (general fund), for subsection (2)(b) substitute—bwhich relate to the common good of the council;.24In section 94 (capital expenses), for subsection (1A) substitute—1AThe provisions of this section shall apply to the Strathclyde Passenger Transport Authority as they apply to a local authority; and the giving of approval by the Strathclyde Passenger Transport Authority to any proposal for expenditure referred to in section 15(1)(c) of the Transport Act 1968 shall be deemed for the purposes of this section to be an incurring of liability by the Authority to meet capital expenses..25In section 100 (auditor’s right of access to documents)—aafter subsection (1A) insert—1BWithout prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority or body whose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation.;bin subsection (2), for “subsection (1)” substitute “ subsections (1) and (1B) ”; andcin subsection (3)—iafter “(1)” insert “ or (1B) ”; andiithe words from “and to an additional fine” to the end shall cease to have effect.26In subsection (3) of section 102 (reports to Commission by Controller of Audit), for the words “the audit” substitute “ any matter arising out of the auditing ”.27In section 103 (action by Commission for local authority accounts), for subsection (6)(b) substitute—bmay require the attendance of members or officers, or former members or officers, of any local authority to give oral evidence to the Commission; andcmay pay to any person attending a hearing under this section such expenses as they think fit..28For section 123 (education authorities) substitute— Education authorities.123The education authority for the purposes of the Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority..29For section 126 (disqualification for membership of education committees etc.) substitute— Disqualification for membership of committees appointed by education authorities.126Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—aa committee such as is mentioned in subsection (1) of section 124 of this Act;ba joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; orcany sub-committee of such a committee or joint committee..30In section 128 (educational endowments), in Table B, in subsection (2), for the words “Chairman of council” substitute “ Convener of council ”.31In section 130 (housing)—ain subsection (1), for “an islands or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; andbfor subsection (2) substitute—2Before any local authority exercise outwith their area any power under Part I of the Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power..32In section 133 (roads), subsection (1) shall cease to have effect.33Section 134(1) (building) shall cease to have effect.34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36Section 137(1) (flood prevention) shall cease to have effect.37Section 138(1) (coast protection) shall cease to have effect.38Section 140 (allotments) shall cease to have effect.39Section 142 (public health) shall cease to have effect.40Sections 143 (transfer of functions under 1968 Act) and 148(1) (transfer of functions of regional water boards to water authorities) shall cease to have effect.41In section 145 (Ordnance Survey)—ain subsection (2)—ifor “regional, islands or district council” substitute “ local authority ”; andiifor “council”, where it secondly occurs, substitute “ authority ”;bin subsection (4), for “regional, islands or district council, as the case may be”, in both places where it occurs, substitute “ local authority ”; andcin subsection (5), for the words from “a region” to “may be” substitute “ the area of a local authority ”.42In section 146(5) (police), for the words “regions” and “region”, in each place where either occurs, substitute respectively “ areas ” and “ area ”.43For section 150 (public transport) substitute— Schedule 18 to continue to have effect.150Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect..44In section 153 (ferries)—ain subsection (1)—ifor “local authorities” substitute “ regional or islands councils ”; andiithe words “regional or islands” shall cease to have effect;bin subsection (2)—ithe words “regional or islands” shall cease to have effect; andiithe word “such”, wherever it occurs, shall cease to have effect;cin subsection (3)—ithe words “regional or islands” shall cease to have effect; andiithe word “such”, where it first occurs, shall cease to have effect; anddin subsection (5), after “this section” insert— “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and.45In section 154 (piers and harbours)—ain subsection (1)—ithe words “Subject to subsection (3A) below” shall cease to have effect;iifor “local authorities” substitute “ regional, islands or district councils ”;iiifor “those authorities” substitute “ regional, islands or district councils ”; andivthe words “regional or islands” shall cease to have effect;bin subsection (2), the word “regional”, in both places where it occurs, shall cease to have effect;cin subsection (3), the words—i“regional or islands”; andii“such”,shall cease to have effect;dsubsections (3A) and (3B) shall cease to have effect; andein subsection (7), after “this section” insert— “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and.46Section 155(1) (district council for purposes of Factories Act 1961) shall cease to have effect.47Section 156(1) (local authority responsible for enforcing provisions of Offices, Shops and Railway Premises Act 1963) shall cease to have effect.48Section 157 (local authority responsible for enforcing provisions of Shops Act 1950) shall cease to have effect.49Section 159 (local authority not subject to requirements of Employers’ Liability (Compulsory Insurance) Act 1969) shall cease to have effect.50In section 163 (public libraries, museums and art galleries)—asubsection (1);bin subsection (2), the words “as aforesaid”; andcsubsection (3),shall cease to have effect.51Section 168 (census) shall cease to have effect.52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53In section 170(1) (war memorials), for “islands or district council” substitute “ local authority within the meaning of this Act ”.54In section 170A(5) (application of certain provisions of the 1980 Act to pipes and works for conveying heat etc.)—aparagraph (a) shall cease to have effect; andbfor paragraphs (c) and (d) substitute—and cfor any reference to a water authority there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person..55In section 170B(2) (provisions supplementary to section 170A)—athe words “or water development boards” where they first occur shall cease to have effect; andb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56Section 171(1) and (2) (local authority for the purposes of certain enactments) shall cease to have effect.57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58For section 188 (miscellaneous licensing, registration and related matters) substitute— Part III of Schedule 24 to continue to have effect.188Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect..59In section 190 (service of legal proceedings), for the word “chairman”, in both places where it occurs, substitute “ convener ”.60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61In section 201(1) (byelaws for good rule and government), for the words from “the region” to “be” substitute “ their area ”.62In section 202 (procedure, etc., for byelaws), subsection (13) shall cease to have effect.63In section 206 (admission of honorary freemen)—ain subsection (1)—ifor “An islands or district council” substitute “ A local authority ”;iifor “council” substitute “ authority ”; andiiifor “the islands area or district”, in both places where it occurs, substitute “ their area ”; andbin subsection (2), for “islands or district council” substitute “ local authority ”.64Section 226 (transitional provision for joint boards existing before 16th May 1975) shall cease to have effect.65Section 230 (transitional establishment of committees of local authorities) shall cease to have effect.66In section 235(1) (interpretation)—athe definitions of “area”, “college council”, “school council” and “education committee” shall cease to have effect;bfor the definition of “electoral area” substitute—“electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;;cfor the definition of “local authority” substitute—“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;; anddin the definition of “rating authority”, for the words from “has” to “Act” substitute “ shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994. ”.67For Schedule 5 (initial review of local government areas and electoral arrangements) substitute—SCHEDULE 5 First review of electoral arrangementsSection 20.1As soon as practicable after 1st April 1996 the Boundary Commission shall—areview the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; andbformulate proposals for those arrangements.2The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—athe Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; andbthe Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications)..68For heads (a) to (c) of paragraph 1(2) of Schedule 6 (electoral arrangements) substitute “ , the number of local government electors shall be, as nearly as may be, the same in every electoral ward of that local government area. ”.69In Schedule 7 (meetings and proceedings of local authorities)—ain paragraphs 1(4), 3(1), 3(2) and 3(3), for the word “chairman” substitute “ convener ”;bin paragraphs 3(2) and (3), for the words “vice-chairman” substitute “ depute convener ”; andcin paragraph 5(1), after “such orders” insert “ or to the procedure for early removal from office of the convener or depute convener ”.70In paragraph 4(1) of Schedule 8 (provision as to Commission for local authority accounts), after “Commission” where it first occurs insert “ , including any hearing under section 103 of this Act, ”.71Schedule 13 (amendments of the Rent (Scotland) Act 1971) shall cease to have effect.72Schedule 14 (amendments of enactments relating to roads) shall cease to have effect.73In Schedule 17, in paragraph 1(1)(a) (general construction of certain references), the words “or to a constituent board” and “or to a constituent water authority” shall cease to have effect.74Schedule 22 (planning functions) shall cease to have effect.Sch. 13 para. 92 partly in force; Sch. 13. para. 92 not in force at Royal Assent see s. 184(2); Sch. 13. para. 92(1)(20)(22)(26)(27)(60)(70) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(vii); Sch. 13 para. 92(25) in force at 1.4.1995 by S.I. 1995/702, art. 3(d)(ii); Sch.13 para. 92 (other than sub-paragraphs (34)(35)(48)) in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)Sch. 13 para. 92(9) repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37(2), Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)1980 c. 45. Sch. 13 para. 92(14)(b)(iii) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5; S.I. 1996/3201, art. 3(7)1986 c. 60. 1965 c. 12. 1986 c. 53. 1968 c. 73. 1980 c. 441987 c. 26. Sch. 13 para. 92(34)(35) repealed (1.2.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2Sch. 13 para. 92(55)(b) repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(g)(vi) (with s. 67); S.S.I. 2002/118, art. 2(3)Sch. 13 para. 92(57) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)Sch. 13 para. 92(60) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(3), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))Sch. 13 para. 92(52) repealed (28.12.2016) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2016/417, reg. 2, sch.