Office of Public Sector Information
Section 180(1).
1 In section 10 of the Riotous Assemblies (Scotland) Act 1822 (compensation for damage to buildings caused by acts of riotous assemblies etc.), for “regional or islands council” substitute “council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994)”.
2 (1) The Harbours, Docks and Piers Clauses Act 1847 shall be amended in accordance with this paragraph.
(2) In section 7 (deposit of sheriff’s certificate of correction), for “regional or islands council” substitute “council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994)”.
(3) In section 8 (plans to be deposited before works may begin), for “of any region or islands area” substitute “for any local government area (within the meaning of the Local Government etc. (Scotland) Act 1994)”.
3 (1) The Burial Grounds (Scotland) Act 1855 shall be amended in accordance with this paragraph.
(2) In each of sections 4 (proceedings on complaint of danger to health), 9 (meeting of board to be convened where requisitioned) and 10 (provision of suitable burial grounds by board after closure, etc.), for “ratepayers”, wherever it occurs, substitute “persons (being ratepayers or persons liable to pay council tax)”.
(3) In section 10 (provision of suitable burial grounds by board after closure, etc.), the words “any of the Lords Ordinary of” and the words “And provided also, that no land shall be so designated nearer than one hundred yards to any dwelling house without the consent in writing of the owner of such dwelling house;” shall cease to have effect.
(4) In section 11 (consents for new burial grounds), the words from “but no ground” to the end shall cease to have effect.
4 (1) The Explosives Act 1875 shall be amended in accordance with this paragraph.
(2) In section 110 (local authority), in paragraph 1, for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 111 (expenses of local authority), in paragraph (a), for “regional or general rate” substitute “non-domestic rate or the council tax”.
5 For section 2 of the Public Libraries Consolidation (Scotland) Act 1887 (interpretation) substitute—
In this Act, except where the context otherwise requires, “library authority” and “museum and art gallery authority”, for the purposes of this Act, mean a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to such an authority, shall be construed accordingly.”.
6 In section 16 of the Allotments (Scotland) Act 1892 (definitions), in the definition of “local authority”, for “an islands or a district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
7 In section 668 of the Merchant Shipping Act 1894 (Commissioners of Northern Lighthouses)—
(a) in subsection (1)(b), for the words from “chairmen” to “councils” substitute “conveners of the councils for Highland and Argyll and Bute”;
(b) in subsection (3), for the words from “chairman” to “area” substitute “convener of any council whose area includes”; and
(c) after subsection (5) insert—
“(6) In this section “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
8 In section 26 of the Light Railways Act 1896 (application to Scotland), in subsection (2), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
9 In section 12 of the Public Health (Scotland) Act 1897 (local authorities for the purposes of the Act), for “The islands or district council” substitute “A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
10 In section 9 of the Census Act 1920 (application to Scotland), for subsection (2) substitute—
“(2) “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
11 In section 10(1) of the Celluloid and Cinematograph Film Act 1922 (application to Scotland), in the definition of “Local authority”, for the words from “the” to the end substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
12 In section 19(1) of the Allotments (Scotland) Act 1922 (interpretation), for “an island or a district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
13 In section 6(a) of the Performing Animals (Regulation) Act 1925 (definition of “local authority” in application of Act to Scotland), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
14 In section 8 of the Agricultural Produce (Grading and Marking) Act 1928 (application to Scotland), for the words from “region” to “county” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be substituted for references to a council of a county”.
15 In section 24 of the Petroleum (Consolidation) Act 1928 (application to Scotland), for subsection (1) substitute—
“(1) for paragraphs (a) and (c) of section 2(1) of this Act there shall be substituted the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.”.
16 In section 29 of the Local Government (Scotland) Act 1929 (power of councils to expend money on public health propaganda), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
17 (1) The Road Traffic Act 1930 shall be amended in accordance with this paragraph.
(2) In section 108(1) (interpretation), in the definition of “district”, for “a region or islands area” substitute “the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 109(a) (definition of “local authority” in application of the Act to Scotland), for “a regional or islands council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In section 119(3) (special provisions as to Scotland), for the words from “A” to “shall” substitute “A local roads authority shall”.
18 In section 2(2) of the Church of Scotland (Property and Endowments) (Amendment) Act 1933 (transfer of certain churchyards), for the words from “of the” to “which” substitute “constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area”.
19 In section 11(6) of the Private Legislation Procedure (Scotland) Act 1936 (powers of councils under Act), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
20 In section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
21 In section 110(1) of the Children and Young Persons (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
22 (1) The Public Records (Scotland) Act 1937 shall be amended in accordance with this paragraph.
(2) In section 5 (transfer of records to Keeper)—
(a) for subsection (2) substitute—
“(2) Notwithstanding anything contained in any enactment, it shall be lawful for any local authority or any statutory body corporate in Scotland, with the consent of the Keeper, to transmit such of their records as relate exclusively or mainly to Scotland to the Keeper for custody.
(2A) For the purposes of this section, “statutory body corporate” means any body corporate established by or under a statute relating to Scotland other than such bodies, or such classes of such bodies, as may be specified by the Secretary of State in an order made by statutory instrument.
(2B) Nothing in subsection (2) above shall apply to any burgh register of sasines or to any book or public record relating thereto.”.
(3) In subsection (1) of section 14 (interpretation), after the definition of “court records” insert—
“the expression “local authority” means an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and includes a joint board and a joint committee;
the expression “statutory body corporate” shall be construed in accordance with section 5(2A) above.”.
23 In section 6 of the Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
24 In section 62(1A) of the Civil Defence Act 1939 (power of local authority to appropriate lands and buildings for purposes of civil defence etc.), in paragraph (b), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
25 In section 7(1) of the Land Drainage (Scotland) Act 1941 (interpretation), in the definition of “rating authority”, for the words from “like” to “1929” substitute “meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994”.
26 In section 1(8) of the Public Health (Scotland) Act 1945 (local authorities for purposes of enforcement etc. of certain regulations), in the definition of “local authority”, for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
27 (1) The Fire Services Act 1947 shall be amended in accordance with this paragraph.
(2) In section 15(2) (use of water for fire-fighting purposes)—
(a) at the beginning insert “Without prejudice to section 9A of the [1980 c. 45.] Water (Scotland) Act 1980 (prohibition on any charge for water taken to extinguish fires etc.) and”; and
(b) the proviso shall cease to have effect.
(3) In section 36 (application of the Act to Scotland)—
(a) in subsection (2)—
(i) the words “and thirty-six” and “and twenty-three” shall cease to have effect; and
(ii) for the words “joint committee” there shall be substituted the words “joint board”;
(b) subsection (3) shall cease to have effect;
(c) after subsection (3) insert—
“(3A) If it appears to any two or more fire authorities that it is expedient that their areas should be combined for fire-fighting purposes, they may submit to the Secretary of State a scheme in that behalf (in this section referred to as an “administration scheme”) and the Secretary of State may by order approve any such scheme submitted to him.
(3B) A scheme under subsection (3A) above shall make provision with respect to the matters mentioned in paragraphs (c) and (d) of subsection (8A) below.
(3C) The power to make an order under subsection (3A) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”;
(d) in subsection (4)—
(i) for paragraph (a) substitute—
“(a) the dis-establishment of the fire brigades maintained by the several fire authorities, the establishment and maintenance of a combined fire brigade for the combined area, and the appointment, subject to any regulations made under this Act, of a firemaster of that combined brigade;”; and
(ii) for the words “joint committee”, in each place where they occur, there shall be substituted the words “joint board”;
(e) in subsection (5), for the words “joint committee”, in each place where they occur, there shall be substituted the words “joint board”;
(f) after subsection (5) insert—
“(5A) Not later than 3 months before the date on which a scheme approved under subsection (3A) above or, as the case may be, made under subsection (8)(b) below is intended to come into effect, every fire authority in respect of whose area or combined area such a scheme has been approved or made shall prepare and submit to the Secretary of State for his approval an establishment scheme for their area or combined area under section 19 of this Act, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.”;
(g) subsection (6) shall cease to have effect;
(h) for subsection (7) substitute—
“(7) Where an administration scheme has been approved under subsection (3A) above, the fire authorities affected by it may amend or revoke that scheme by a subsequent scheme submitted to the Secretary of State by them jointly and the Secretary of State may by order approve any such subsequent scheme submitted to him.
(7A) A subsequent scheme under subsection (7) above may make provision with respect to any of the matters for which provision is required to be made, or may be made, by virtue of subsections (4), (5), (8)(b) and (8A) of this section.
(7B) The power to make an order under subsection (7) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”;
(i) for subsection (8) substitute—
“(8) The Secretary of State may by order—
(a) vary or revoke an administration scheme;
(b) make a new administration scheme which includes provision—
(i) for the division of the original combined area into any two or more areas, being either areas of fire authorities comprised in such combined area or new combined areas constituted by such scheme;
(ii) for the inclusion in the combined area of any additional areas,
and such an order may make provision with respect to any of the matters for which provision is required to be made, or may be made, by virtue of subsections (4), (5) and (8A) of this section.
(8A) An order under subsection (8) above may make provision with respect to any of the following matters—
(a) the transfer or retransfer to such fire brigade as may be determined by the order of the members of any fire brigade affected by the order;
(b) the transfer or retransfer to such fire authorities as may be determined by the order of any officers, property, rights or liabilities of any fire authority affected by the order;
(c) the payment, by such fire authority and subject to such provisions as may be determined by the order, of compensation to officers employed by any fire authority affected by the order who in consequence of it or of anything done under it suffer direct pecuniary loss by reason of the determination of their appointments or the diminution of their emoluments;
(d) in the case of any person who having immediately before the coming into operation of the order been the firemaster of any fire brigade affected by the order does not on the coming into operation of the order become the firemaster of any fire brigade established in consequence of the order, for the payment, in lieu of compensation under paragraph (c) above, of a pension, gratuity or allowance of such amount, subject to such conditions and by such fire authority as may be specified in the order; and
(e) any other matters incidental to or consequential on any provision contained in the order.
(8B) Before making an order under subsection (8) above which contains provision that two or more local government areas should form a combined area for the provision in the combined area of the services mentioned in section 1 of this Act, the Secretary of State shall—
(a) consult such fire authorities as appear to him to be affected by the order; and
(b) where any such authority submit objections to the order, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.
(8C) The power to make an order under subsection (8) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”;
(j) for subsection (9) substitute—
“(9) An order made by the Secretary of State under this section shall provide for the incorporation of a joint board with a common seal and shall confer on such a board power to hold land and to borrow money.”;
(k) in subsection (10)—
(i) for the words “joint committee” substitute “joint board”; and
(ii) after “this section” insert “or section 147(4) of the [1973 c. 65.] Local Government (Scotland) Act 1973”;
(l) in subsection (11)—
(i) for the words “joint committee” substitute “joint board”; and
(ii) after “this section” insert “or section 147(4) of the Local Government (Scotland) Act 1973”;
(m) in subsection (13)—
(i) for the words “joint committee”, in both places where they occur, substitute “joint board”; and
(ii) for the words from “councils” to “comprised” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 whose area is comprised”;
(n) for subsection (15) substitute—
“(15) For section 4 of this Act there shall be substituted the following section—
Subject to the provisions of this Act, with effect from 1st April 1996 the fire authority shall be a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.”;
(o) in subsection (16)—
(i) for the words from “council” to “comprised” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 whose area is comprised”; and
(ii) for the words “joint committee”, in both places where they occur, substitute “joint board”;
(p) after subsection (16) there shall be inserted—
“(16A) In section 19—
(a) for subsection (3) there shall be substituted the following subsection—
“(3) Every fire authority shall, on such dates as the Secretary of State may by regulations prescribe, notify him of the establishment scheme in force in their area on such dates as he may so prescribe.”; and
(b) after subsection (8) there shall be inserted—
“(8A) Regulations made under subsection (3) above shall be made by statutory instrument; and such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”;” and
(q) in subsection (20)—
(i) for the words “joint committee” there shall be substituted the words “joint board”; and
(ii) after “this section” insert “or section 147(4) of the [1973 c. 65.] Local Government (Scotland) Act 1973”.
(4) In section 38(1) (interpretation), in the definition of “combined area”, after “Act” insert “or section 147 of the [1973 c. 65.] Local Government (Scotland) Act 1973”.
28 In section 7(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (interpretation), in the definition of “local authority”, for the words from “any” to the end substitute “any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
29 (1) The Civil Defence Act 1948 shall be amended in accordance with this paragraph.
(2) After section 4 insert—
(1) Where—
(a) by virtue of any enactment any of the functions of a local authority are exercised by that authority jointly with one or more other local authorities or by a joint board or joint committee; and
(b) by virtue of this Act, an obligation is imposed, or a power conferred, on a local authority in respect of any of these functions,
to the extent that such obligation or, as the case may be, power has a connection with such functions, such obligation shall be performed, or power exercised, by the authorities jointly or, as the case may be, by the joint board or joint committee; and any thing which may, by virtue of this Act, be done by, to or in respect of a local authority may be done by, to or in respect of two or more such authorities or such joint board or joint committee.
(2) In this section “joint board” and “joint committee” have the meanings given by section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973.
(3) This section extends to Scotland only.”.
(3) In section 9(1) (interpretation), in the definition of “local authority”, for the words “a regional, islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
30 In section 145(2) of the Local Government (Scotland) Act 1948 (application of Act to Scotland), 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”.
31 (1) The National Assistance Act 1948 shall be amended in accordance with this paragraph.
(2) In section 33(1) (local authorities for the purposes of Part III), for the words “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 47(12) (appropriate authorities for purposes of section), for the words “the councils of regions and islands areas” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(4) In section 48(4) (councils having duty to provide temporary protection for property of certain persons), for the words from “of the region” to “of which” substitute “constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area”.
(5) In section 50(2) (authorities having duty in respect of burial or cremation of the dead), for “islands and district councils” substitute “councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(6) In section 65(e) (meaning of “local authority” in application of Act to Scotland), for the words “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
32 (1) The Coast Protection Act 1949 shall be amended in accordance with this paragraph.
(2) In section 1 (coast protection authorities), for subsection (1) substitute—
“(1) A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 any part of whose area adjoins the sea shall be the coast protection authority for that area.”.
(3) In section 20(5) (contributions towards expenses of coast protection), the words “or the council of a district in Scotland” shall cease to have effect.
(4) In section 22(2) (power to use for incidental purposes land acquired for coast protection), for “the council of a region or islands area” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(5) In section 45(1) (service of notices and other documents), for “the council of a region, islands area or district” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(6) In the First Schedule (procedure for making orders and provisions as to the validity of orders), in paragraph 8(b)—
(a) after “and to”, where it first occurs, insert “a council of”; and
(b) for the words “region, islands area or district” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
33 In section 99(2) of the National Parks and Access to the Countryside Act 1949 (contributions by local authorities), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
34 In section 73(4) of the Shops Act 1950 (local authorities), for the words from “means” to the end substitute “means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
35 (1) The Allotments (Scotland) Act 1950 shall be amended in accordance with this paragraph.
(2) In section 9(a) (restriction of obligations to provide allotments), for “the council of an islands area or a district” substitute “a local authority”.
(3) In section 13(1)(b) (interpretation), for “an islands council or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
36 In section 7(3) of the Pet Animals Act 1951 (interpretation), for “the council of any islands area or district” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
37 In section 36(3) of the Rag Flock and Other Filling Materials Act 1951 (application of the Act to Scotland), for “an islands or district council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
38 (1) The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with this paragraph.
(2) In section 6 (financial provisions), for “councils of the regions” substitute “local authorities”.
(3) In section 12 (power of river purification board to appoint agents, etc.)—
(a) for subsection (1) substitute—
Local Government etc (Scotland) Act 1994