Office of Public Sector Information
PART IV continued
In section 6 of the 1975 Act (valuation by formula of certain lands and heritages), after subsection (5) there shall be inserted the following subsection—
“(5A) An order under this section may provide that the assessor for any specified valuation area shall carry out such functions in relation to the operation of a formula as may be specified in the order, notwithstanding that such functions may include the valuation of lands and heritages in another valuation area.”.
After section 6 of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956 there shall be inserted the following section—
(1) The Secretary of State may by order provide that, for all purposes of the Valuation Acts—
(a) lands and heritages specified in the order which would, apart from the order, be treated as justifying separate entries in the valuation roll shall be treated as justifying only one such entry; and
(b) lands and heritages so specified which would, apart from the order, be treated as justifying only one entry in the valuation roll shall be treated as justifying separate entries,
and an order under paragraph (b) above shall specify which parts of the lands and heritages concerned are to be treated as justifying separate entries.
(2) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.
(1) The Scottish Valuation Advisory Council constituted under section 3 of the Valuation and Rating (Scotland) Act 1956 (“the 1956 Act”) shall cease to exist immediately before 1st April 1996.
(2) In the 1956 Act—
(a) section 3; and
(b) in section 43(1) (interpretation), the definition of “Advisory Council”,
shall cease to have effect.
After section 13 of the [1968 c. 73.] Transport Act 1968 there shall be inserted the following section—
The Authority may guarantee any obligation entered into by the Executive with the approval of the Authority.”.
(1) Section 83 of the 1973 Act (power of local authorities to incur expenditure not otherwise authorised) shall be amended in accordance with this section.
(2) In subsection (1)—
(a) after the words “in the interests of” there shall be inserted the words “and will bring direct benefit to”;
(b) after the words “incur any expenditure” there shall be inserted “(a)”; and
(c) at the end there shall be added the words— “nor
(b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.”.
(3) Subsection (3A) shall cease to have effect.
(4) For subsection (4) substitute—
“(4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—
(a) £3.80, or such other sum as may from time to time be specified in an order made by the Secretary of State; by
(b) the relevant population of the authority’s area.
(4AA) For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State.”.
(5) For subsections (5) and (6) substitute—
“(5) A statutory instrument containing an order or regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
(1) The Secretary of State may by regulations made with the consent of the Treasury make provision with respect to the powers of authorities—
(a) to borrow and lend money; and
(b) to establish and operate loans funds.
(2) Regulations under this section may make different provision in respect of different authorities and may include such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.
(3) Without prejudice to the generality of the powers conferred by subsections (1) and (2) above, regulations under this section may—
(a) specify the purposes for which an authority may borrow money;
(b) place limits on amounts which an authority may borrow;
(c) specify the means by which an authority may borrow;
(d) make provision for—
(i) the means by which money borrowed by an authority may be secured; and
(ii) the protection of persons borrowing from an authority;
(e) specify from whom an authority may borrow or to whom they may lend;
(f) specify the terms on which an authority may lend;
(g) make provision as to what assets and liabilities may be paid or transferred into or out of a loans fund and on what terms;
(h) provide for investigations to be carried out at the instance of the Secretary of State into the administration of a loans fund;
(i) place requirements on an authority to obtain such consent as may be prescribed before taking prescribed actions; and
(j) where an authority have failed to comply with the regulations, provide for the Secretary of State to apply to the Court of Session for an order ordaining compliance, and for the court to grant such an application if they think fit.
(4) Where it appears to the Secretary of State to be necessary or expedient, in the light of any regulations made under this section, to amend any reference in any enactment, whether passed before or after the coming into force of this section—
(a) to a loans fund; or
(b) to any provision in Schedule 3 to the 1975 Act,
he may by regulations make such amendment.
(5) Regulations under this section shall be made by statutory instrument, but shall not be made unless a draft of any such statutory instrument has been laid before and approved by resolution of each House of Parliament.
(6) For the purposes of this section “authority” means a local authority, a joint board, a river purification board or the Strathclyde Passenger Transport Authority.
For section 11 of the [1966 c. 51.] Local Government (Scotland) Act 1966 substitute—
(1) Subject to the provisions of this section, the Secretary of State may pay to local authorities which in his opinion are required to make special provision in the exercise of any of their functions in consequence of the presence within their area of persons belonging to ethnic minorities whose language or customs differ from those of the rest of the community, grants of such amounts as he may, with the consent of the Treasury, determine on account of expenditure in respect of the employment of staff.
(2) No grant shall be paid under this section in respect of expenditure incurred before 1st April 1993.”.
After section 108 of the [1992 c. 14.] Local Government Finance Act 1992 insert—
(1) The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a “special grant”) in accordance with this section to a local authority.
(2) Where the Secretary of State proposes to make a special grant to one authority he shall, before making the grant, make a determination stating—
(a) the authority to which the grant is to be paid;
(b) the purpose for which the grant is to be paid; and
(c) the amount of the grant which is to be paid or the manner in which that amount is to be calculated.
(3) Where the Secretary of State proposes to make special grants to more than one authority he shall, before making the grants, make a determination stating—
(a) to which authorities they are to be paid;
(b) the purpose for which they are to be paid; and
(c) either—
(i) the amount which he proposes to pay to each authority or the manner in which the amount is to be calculated; or
(ii) the total amount which he proposes to distribute among the authorities and the basis upon which he proposes to distribute that amount.
(4) A determination under subsection (2) or (3) above shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation of the main features of the determination as the Secretary of State considers to be desirable.
(5) A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable thereafter, the Secretary of State shall send a copy of it to any authority to which he proposes to make a special grant in accordance with the determination.
(6) No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons.
(7) A special grant report may specify conditions which the Secretary of State may with the consent of the Treasury impose on the payment of, or of any instalment of, any special grant to which the report relates; and the conditions may—
(a) require the provision of returns or other information before a payment is made to the authority concerned; or
(b) relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid.
(8) Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine.”.
(1) After section 15 of the 1975 Act there shall be inserted the following section—
(1) A local authority may establish, in accordance with the provisions of this section, Direct Labour Organisation/Direct Services Organisation Funds (to be known as “DLO/DSO funds”) for the purpose of dealing with surpluses and deficits which may occur in respect of—
(a) any revenue account kept by the authority under section 10(1) (accounts relating to construction or maintenance work) of the [1980 c. 65.] Local Government, Planning and Land Act 1980; or
(b) any account kept by the authority under section 9(2) (accounts) of the [1988 c. 9.] Local Government Act 1988.
(2) Any interest earned on money transferred to a reserve fund established under subsection (1) above may be credited to that fund.
(3) Any surplus credited to a fund established under subsection (1) above and which is, in the opinion of the authority, not required for the purpose of dealing with deficits in any such fund, may be transferred by them to the general fund maintained by them under section 93 of the Act of 1973 (general fund).
(4) This section is without prejudice to any specific limitation imposed by or under any enactment as to the manner in which money may be paid into or out of any specific account.”.
(2) Paragraphs 22(1)(c) and 24A of Schedule 3 to the 1975 Act shall cease to have effect.
(1) The Secretary of State may by regulations require any authority defined for the purposes of section 1(1) of the Local Government Act 1988 (“the 1988 Act”) to publish a statement, to be known as a statement of support services costs (hereinafter referred to as a “statement”), of the cost to the authority of each of the activities to which this section applies.
(2) This section applies to—
(a) any activity which is a defined activity within the meaning of section 2(2) of the 1988 Act;
(b) any other prescribed activity.
(3) A statement shall—
(a) show the cost to the authority of the activity to which it applies, whether or not that activity, or any part of it, is carried out by employees of the authority; and
(b) show how that cost is allocated amongst the public services provided by the authority.
(4) A statement shall—
(a) be in such form;
(b) be published on or by reference to such date;
(c) contain such information:
(d) be made available for inspection by the public in such manner; and
(e) be supplied to the public on such terms as to payment,
as may be prescribed, and different provision may be made in relation to the matters mentioned above in relation to different authorities.
(5) Such of the information contained in the statement as may be prescribed shall be included within the annual abstract of accounts (or any equivalent to such an abstract) produced by an authority.
(6) For the purposes of this section the cost of any activity shall be calculated in such manner and by reference to such factors as may be prescribed.
(7) In this section—
“activity”, where it is an activity such as is mentioned in—
subsection (2)(a) above, has the meaning given to it by or under the 1988 Act; and
subsection (2)(b) above, has such meaning as may be prescribed;
“prescribed” means prescribed in regulations under this section; and
“public services” means such services provided by the authority as may be prescribed.
(8) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
After section 122 of the 1973 Act there shall be inserted the following section—
It shall be duty of each local authority to make proper arrangements for securing economy, efficiency and effectiveness in their use of resources.”.
After section 171 of the 1973 Act there shall be inserted—
(1) Subject to section 171B of this Act, the functions of a local authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area.
(2) Subject to the said section 171B, and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for—
(a) the setting up or expansion of any commercial, industrial or public undertaking—
(i) which is to be or is situated in the authority’s area; or
(ii) the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area; and
(b) the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking, opportunities for employment with which have been or appear likely to be made available to persons living in that area.
(3) For the purposes of this section, the cases in which a local authority shall be treated as providing financial assistance to any person shall include the cases where they do or agree to do any of the following, that is to say—
(a) make a grant to that person;
(b) make a loan to that person or provide him with any further form of credit;
(c) guarantee the performance of any of that person’s obligations;
(d) indemnify that person in respect of any liability, loss or damage;
(e) invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise;
(f) provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which is less than the best that could reasonably be obtained;
(g) join with any other person in doing anything falling within paragraphs (a) to (f) above.
(4) The power conferred on a local authority under subsection (1) above includes power for such authority to engage in activities outside their area for the purpose of promoting the economic development of their area.
(5) Where, in any financial year, a local authority propose to engage in activities such as are mentioned in subsection (4) above outside the United Kingdom, they shall, before the beginning of that financial year—
(a) prepare a document setting out their proposals for engagement in such activities; and
(b) submit that document to the Secretary of State for approval.
(6) Where the Secretary of State approves the proposals set out in any document submitted under subsection (5) above, he may make his approval subject to such conditions as he considers necessary or expedient.
(7) At any time during the financial year to which a document such as is mentioned in subsection (5) above relates—
(a) a local authority may submit to the Secretary of State amendments of the proposals contained in that document; and
(b) subsection (6) above shall apply in relation to those amendments as it applies in relation to proposals submitted in pursuance of subsection (5) above.
(8) The exercise by a local authority of any of their powers under this section shall be subject to the provisions of section 90 of this Act.
(1) The powers of a local authority by virtue of section 171A above, and their powers by virtue of any of the other provisions of this or any other enactment, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State.
(2) Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions (including conditions requiring consultation by the local authority of such persons as may be prescribed), and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a local authority by virtue of the said section 171A or any other enactment.
(3) The Secretary of State may by order impose such a financial limit as may be specified in or determined under the order on expenditure which—
(a) is, or is of a description, so specified or determined; and
(b) is, by virtue of section 171A above or a provision of this or any other enactment, incurred in any financial year for the purpose of promoting the economic development of their area by a local authority so specified or determined.
(4) A statutory instrument containing regulations under subsection (1) or (2) above or an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Regulations under subsection (1) or (2) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.
The exercise by a local authority of any power which they have—
(a) under section 7 of the [1964 c. 67.] Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);
(b) under section 102 (power to acquire compulsorily certain land) or 109 (power to acquire certain land by agreement) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972; or
(c) under section 70, 74 or 78 of this Act,
is subject to the provisions of sections 171A and 171B of this Act.”.
(1) The Secretary of State shall, in accordance with the provisions of this section and not later than 1st April 1996, by order make schemes for the establishment for such areas as may be specified in the order of area tourist boards (hereafter referred to as “boards”).
(2) The principal function of a board shall be to carry on activities relating to tourism.
(3) A scheme under this section shall—
(a) make provision for the constitution of a board;
(b) specify the area for which the board is established;
(c) provide that the board shall be a body corporate with a common seal;
(d) provide that the Secretary of State shall appoint the first members of the board and, from among those members, the first members of the controlling body of the board; and thereafter the members of such controlling body shall be appointed by the board;
(e) contain provision stating that it shall not, without the express or general consent given in writing of the Secretary of State (or such body as he may direct the board to consult), carry on activities relating to the promotion of tourism outside the United Kingdom; and
(f) make, where applicable and to such extent as the Secretary of State considers appropriate, transitional provision such as is mentioned in subsection (5) below.
(4) A scheme under this section may—
(a) for the purposes of enabling a board to carry on its principal function, confer additional functions and powers on a board, including power to hold property and to employ staff;
(b) subject to the provisions of this section, provide who may be appointed to be members of the board;
(c) make provision for the payment of remuneration, allowances, pensions and gratuities to members of the board;
(d) subject to the provisions of this section and such conditions as may be specified in the scheme, enable a board to form or acquire a company;
(e) make provision for the board to regulate its own procedure;
(f) make provision for the board to appoint committees (including committees composed of persons who are not members of the board) and for the payment to persons appointed to such committees of such remuneration and allowances as the board may determine;
(g) make provision enabling the board to delegate any of its duties to any of its members who or committees which are authorised (generally or specifically) for the purpose;
(h) make provision as to the method of authentication of documents by the board; and
(i) make provision for such other matters as the Secretary of State thinks fit.
(5) The transitional provision mentioned in paragraph (f) of subsection (3) above is provision for—
(a) the revocation of any scheme made under section 90A of the 1973 Act (schemes for formation of area tourist organisations etc.) by an islands or district council whose area lies wholly or partly within the area of the proposed board;
(b) the winding up and dissolution of any area tourist organisation (whether a body corporate or not) formed by or for the purposes of any scheme made under the said section 90A;
(c) the transfer of any staff of any such area tourist organisation to such board established under this section as may be specified in the order; and
(d) the transfer to and, with effect from the date on which the scheme under this section takes effect, vesting in such board or boards established under this section as may be specified in the order of such property, rights and liabilities of any such tourist organisation as may be so specified.
(6) The number of persons representative of a local authority appointed as members of the controlling body of a board (in this section referred to as “local authority members”) shall not exceed the number of subscribing members appointed as members of such a controlling body; and where local authority members are appointed the total number of voting rights accorded to them shall not exceed the total number of voting rights accorded to subscribing members.
(7) For the purposes of subsection (6) above, a subscribing member is a member of a board who—
(a) is such member of the board by reason of his—
(i) being resident, or carrying on business, in the area of the board; and
(ii) carrying on, or having an interest in, activities relating to tourism in the area of the board; and
(b) pays a membership subscription to the board,
and includes, where the subscribing member is a body corporate, a person representative of that body corporate.
(8) A board shall not—
(a) be regarded as a servant or agent of the Crown;
(b) have any status, immunity or privilege of the Crown; or
(c) be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local,
and its property shall not be regarded as property of, or held on behalf of, the Crown.
(9) A board shall not—
(a) form or promote, or join with any other person in forming or promoting, any body corporate (including a company (within the meaning of the [1985 c. 6.] Companies Act 1985)); or
(b) acquire the majority of the voting rights in such a body corporate,
unless the constitution of any such body corporate contains a provision stating that it shall not, without the express or general consent given in writing of the Secretary of State (or such body as he may direct the board to consult), carry on activities relating to the promotion of tourism outside the United Kingdom.
(10) Before making a scheme under this section the Secretary of State shall consult—
(a) the Scottish Tourist Board; and
(b) any—
(i) district or islands council; and
(ii) new local authority,
whose area lies wholly or partly within the area of the proposed board.
(11) A scheme made by an order under this section shall not take effect before 1st April 1996 except in relation to—
(a) the constitution of a board;
(b) the carrying out by that board of any functions necessary to bring the scheme into operation on that date; and
(c) the winding up of an existing board.
(12) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(13) In this section and in sections 173 and 174 of this Act “new local authority” means a council constituted under section 2 of this Act.
(1) The Secretary of State may by order amend or revoke a scheme made under section 172 of this Act and the provisions of the said section 172 shall, so far as applicable, have effect in relation to any such amending or revoking scheme, subject to any necessary modifications and to the provisions of this section.
(2) Without prejudice to the generality of the provisions of subsection (1) above, provision may be made in an amending or revoking scheme—
(a) for altering the area for which a board (hereafter referred to as the “original board”) is constituted under the scheme, whether or not that board is dissolved by virtue of the subsequent scheme;
(b) for the dissolution and winding up of an original board;
(c) for the transfer to such board as may be specified in the subsequent scheme of staff employed by the original board;
(d) for the transfer to and, with effect from the date on which the subsequent scheme takes effect, vesting in such board or boards as may be specified in that scheme of such property, rights and liabilities of the original board as may be so specified;
(e) for any other matters incidental to or consequential on the provisions of such scheme.
(3) The power conferred on the Secretary of State by subsection (1) above may be exercised in relation to an amending or revoking scheme made or, as the case may be, approved by order under this section or section 174 of this Act.
(4) Before making a scheme under this section the Secretary of State shall consult—
(a) the bodies mentioned in section 172(10)(a) and (b)(ii) of this Act; and
(b) where the subsequent scheme alters the area of the original board, any new local authority whose area lies wholly or partly within such altered area.
(5) An order under this section shall be made by statutory instrument; and such instrument shall, where it contains provision such as is mentioned in subsection (2)(a) above, be subject to annulment in pursuance of a resolution of either House of Parliament.
Local Government etc (Scotland) Act 1994