Office of Public Sector Information
SCHEDULE 13 continued
(7) In section 18 (byelaws in relation to recreational, sporting etc. activities)—
(a) in subsection (1)—
(i) for “an islands or district council” substitute “a local authority”; and
(ii) for “council” substitute “authority”;
(b) in subsection (2)(b), for “council” substitute “local authority”; and
(c) in subsection (3), for “council”—
(i) where it first occurs, substitute “local authority”; and
(ii) where it secondly occurs, substitute “authority”.
(8) In section 24(1) (provision of gardening assistance for certain persons), for “An islands or district council” substitute “A local authority”.
(9) In section 25 (local authority’s functions in relation to cleansing of land)—
(a) in subsection (2), for “An islands or district council” substitute “A local authority”; and
(b) in subsection (3), for “islands or as the case may be district council” substitute “local authority”.
(10) In section 26(1) (local authority’s functions in relation to the provision of public conveniences), for “An islands or district council” substitute “A local authority”.
(11) In section 27 (local authority’s functions in relation to provision of a market)—
(a) in subsection (1)—
(i) for “An islands or district council” substitute “A local authority”; and
(ii) in paragraph (b)(i), for “council” substitute “authority”;
(b) in subsection (3), for “An islands or district council” substitute “A local authority”; and
(c) in subsection (4), the words from “Without” to “Act” shall cease to have effect.
(12) In section 28 (local authority’s functions in relation to the provision of clocks)—
(a) for “An islands or district council” substitute “A local authority”; and
(b) in paragraph (b), for “council” substitute “authority”.
(13) In section 30(1), for the words from “an islands” to “may”, where it first occurs, substitute “a local authority may, with the consent of the roads authority”.
(14) In section 67 (interpretation), immediately before the definition of “the 1972 Act” insert—
““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”.
(15) Part I of Schedule 1 (which re-allocates certain functions relating to the countryside) shall cease to have effect.
129 (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”.
130 (1) The Representation of the People Act 1983 shall be amended in accordance with this paragraph.
(2) In section 8 (registration officers), for subsection (3) substitute—
“(3) In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.”.
(3) In section 25 (returning officers: Scotland)—
(a) in subsection (1)—
(i) for “region or islands”, in both places where it occurs, substitute “local government”; and
(ii) for “regional or islands council” substitute “local authority for that area”;
(b) in subsection (2)—
(i) for the words from “The council” where they first occur, to “area”, where it first occurs, substitute “Every local authority”;
(ii) for “that region or islands” substitute “their”; and
(iii) for “council”, where it secondly occurs, substitute “authority”; and
(c) subsection (3) shall cease to have effect.
(4) In section 31(2) (polling districts in Scotland)—
(a) for “regional or islands”, where it first occurs, substitute “local authority”;
(b) for “regional or islands council” substitute “local authority”;
(c) for “division” substitute “ward”; and
(d) the words from “and for” to “polling district”, where it secondly occurs, shall cease to have effect.
(5) In section 52(4)(b) (provision of officers of local authority to assist registration officer), for the words from “the” to “area” substitute “every local authority”.
(6) In section 82(4)(b) (declaration as to election expenses), for “regional, islands or district council” substitute “local authority”.
(7) In section 96(3)(b) (meeting rooms for local election meetings), for the words from “the council” to “district” substitute “a local authority”.
(8) In section 204 (general application to Scotland)—
(a) in the definition of “electoral area”, the words “division or” shall cease to have effect;
(b) for the definition of “local authority” substitute—
““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(c) for the definition of “local government area” substitute—
““local government area” means the area of a local authority;”.
(9) In Schedule 5 (use for parliamentary election meetings of rooms in school premises and of meeting rooms), in paragraph 6(b), for “the council of every islands area and district” substitute “every local authority”.
131 In section 1(11) of the Level Crossings Act 1983 (safety arrangements at level crossings: 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”.
132 (1) The Litter Act 1983 shall be amended in accordance with this paragraph.
(2) In section 4 (consultation and proposals for abatement of litter), for subsection (4) substitute—
“(4) In Scotland, it shall be the duty of each local authority to consult from time to time with such voluntary bodies as the local authority consider appropriate and as agree to participate in the consultations about the steps which the authority and each of the bodies with which they consulted are to take for the purpose of abating litter in the authority’s area; and it shall be the duty of the local authority—
(a) to prepare and from time to time revise a statement of the steps which the authority and each of the bodies agree to take for the purpose,
(b) to take such steps as in their opinion will give adequate publicity in their area to the statement, and
(c) to keep a copy of the statement available at their principal office for inspection by the public free of charge at all reasonable hours.
(4A) In subsection (4) above “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
(3) In section 8(7) (interpretation of sections 7 and 8), 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”.
133 (1) The Telecommunications Act 1984 shall be amended in accordance with this paragraph.
(2) In section 97(3)(b) (contributions by local authorities towards provision of facilities: interpretation), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 98(9) (interpretation of section)—
(a) in the definition of “public sewer”, in paragraph (b), for “regional or islands council” substitute “sewerage authority”;
(b) after that definition insert—
““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and
(c) in the definition of “water authority”, in paragraph (b), for the words from “means” to “1980” substitute “shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994”.
134 (1) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.
(2) In section 19(3)(b) (local authority in Scotland empowered to regulate use of roads by public service vehicles), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(3) In section 26 (arrangements for patrolling school crossings)—
(a) in subsection (2), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;
(b) in subsection (4)—
(i) the letter “(a)”; and
(ii) paragraph (b) and the word “and” immediately before it,
shall cease to have effect; and
(c) in subsection (5)—
(i) the letter “(a)”;
(ii) paragraph (b) and the word “or” immediately before it; and
(iii) the words “or, in Scotland, the district council”,
shall cease to have effect.
(4) In section 32(4)(a) (meaning of certain expressions for purposes of sections 33 to 41), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(5) In section 37(1)(b) (orders made by local authorities in Scotland for purposes of general scheme of traffic control), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(6) In section 44(1)(b) (control of off-street parking), for the words from “regions” to “council” substitute “local authority areas, by the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for the area”.
(7) In section 45(7)(c) (meaning of “local authority” for purposes of sections 45 to 55), for “the regional or islands council” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(8) In section 100(5)(c) (meaning of “local authority” in Scotland for purposes of section), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
(9) In section 121A(4) (traffic authorities), for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
135 (1) The Roads (Scotland) Act 1984 shall be amended in accordance with this paragraph.
(2) In section 9(1)(e) (supplementary orders relating to special roads)—
(a) for “regional council”, in both places where it occurs, substitute “local authority”; and
(b) after “that”, where it secondly occurs, insert “special road”.
(3) In section 55(3) (arrangements for provision of meals etc. on picnic sites), for “regional, islands or district council” substitute “local authority”.
(4) In section 93(3)(a) (protection of road users from dangers near a road), for the words from “ratepayer” to “islands” substitute “person, being a ratepayer or person liable to pay council tax within their”.
(5) In section 95(2) (recovery of expenses by road authority where contravention of section), the words “or by the district council” shall cease to have effect.
(6) In section 97(6) (trading: meanings of certain expressions)—
(a) in the definition of “relevant public market”, in paragraph (b), for “regional, islands, or district council” substitute “local authority”; and
(b) in the proviso to that definition, for “council”, in both places where it occurs, substitute “local authority”.
(7) In section 113(1)(c) (transfer of property and liabilities in connection with special roads etc.), for “regional council” substitute “local authority”.
(8) In section 135 (restriction on powers of authority in which sewers and sewage disposal works are vested), in each of subsections (1) and (2), for “local” substitute “sewerage”.
(9) In section 143(2)(a)(ii) (procedure for orders), after “section 8” insert “113A”.
(10) In section 151 (interpretation)—
(a) in subsection (1)—
(i) in the definition of “local authority”, for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;
(ii) in the definition of “maintenance”, in paragraph (b), for “an islands or district council” substitute “a local authority”;
(iii) in the definition of “roads authority”—
(A) for “regional or islands council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and
(B) for “council”, where it secondly occurs, substitute “local authority”;
(iv) after the definition of “roads authority” insert—
““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and
(v) in the definition of “water authority”, for “3 of the [1980 c. 45.] Water (Scotland) Act 1980” substitute “62 of the Local Government etc. (Scotland) Act 1994”; and
(b) in subsection (3)(c), for “an islands or district council” substitute “a local authority”.
(11) In Schedule 1 (procedures for making or confirming certain orders and schemes)—
(a) in paragraph 3, in the Table—
(i) in entry (i), in column 2, for the words from “The council” to “in which” substitute “Every local authority in whose area”;
(ii) in entry (iii), in column 2, for the words from “The council” to “district” substitute “Every local authority”;
(iii) in entry (v), in column 2, for the words from “The council” to “which” substitute “Every local authority in whose area”; and
(iv) in entry (vii), in column 2, for the words from “The council” to “which” substitute “Every local authority in whose area”; and
(b) in paragraph 10(a), for the words from “the council” to “district” substitute “every local authority”.
136 In section 21(1) of the Foster Children (Scotland) Act 1984 (interpretation), in the definition of “local authority”, for the words from “the” to “area” substitute “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
137 (1) The Rent (Scotland) Act 1984 shall be amended in accordance with this paragraph.
(2) In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.)—
(a) in paragraph (a) for—
(i) “regional, islands or district council”, in both places where it occurs; and
(ii) “an islands or district council”,
substitute “local authority”; and
(b) after paragraph (a) insert—
“(aa) a water authority or sewerage authority;”.
Local Government etc (Scotland) Act 1994