Office of Public Sector Information
PART I continued CHAPTER 7 continued
(10) The requirement to seek consent imposed by this section shall not apply to—
(a) any disposal of land in respect of which the consent of the Secretary of State is required under section 12(7) of the [1987 c. 26.] Housing (Scotland) Act 1987; and
(b) any contract entered into by an existing authority in or in connection with the exercise of the power conferred on them by section 24 of the [1988 c. 9.] Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).
(11) This section applies to any granting of an option to require an existing authority to make a disposal of land or enter into a contract which would require the consent of a successor authority or the Secretary of State as it applies to such a disposal or contract.
(12) In this section “existing authority” means a regional or district council, the Central Scotland Water Development Board, any police authority or joint committee for a police force established under the [1967 c. 77.] Police (Scotland) Act 1967, any fire authority or joint committee for a fire brigade established in Scotland under the [1947 c. 41.] Fire Services Act 1947 and, for the purposes of the matters mentioned in subsection (5) above, includes an islands council.
(1) Subject to the provisions of this section, existing local authorities and assessors shall provide new authorities with such information as the latter may reasonably require for the purpose of carrying out, whether before or after 1st April 1996, any of their functions.
(2) A new authority may not require information to be provided from any existing authority or assessor whose area does not correspond, at least in part, with the area of the new authority.
(3) An assessor shall not be required under subsection (1) above to provide any information to a new authority which he is not required to provide to an existing authority.
(4) In this section—
“assessor” means an assessor appointed under section 116 of the 1973 Act (appointment of assessors);
“existing local authority” includes a joint committee and a joint board; and
“new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.
(1) An existing local authority may do anything which in their opinion is appropriate for the purpose of—
(a) facilitating the transfer of their functions, staff and assets to a new authority; or
(b) facilitating the carrying out by a new authority of their functions on and after 1st April 1996.
(2) Without prejudice to the generality of subsection (1) above, existing local authorities having functions in relation to any part of the area of a new authority may establish, or the Secretary of State may require them to establish, a committee in the area of that new authority to consider any matter which it is expedient they should consider in order to ensure the effective operation of that authority on and after 1st April 1996.
(3) Existing local authorities may establish, or the Secretary of State may direct them to establish, a committee in relation to the areas of any group of new authorities to consider any matter which it is expedient they should consider in order to ensure the effective operation of those authorities on and after 1st April 1996.
(4) A committee established under subsection (2) or (3) above shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.
(5) The Secretary of State may direct an existing local authority to do anything which in his opinion is appropriate for the purpose of putting a new authority in a position to carry out their functions with effect from 1st April 1996.
(6) A direction under subsection (5) above—
(a) may be made subject to such conditions (for example, as to payment by the new authority) as may be specified in it; and
(b) shall be complied with by the authority to which it is made.
(7) Any expenses incurred by a committee established under subsection (2) or (3) above shall be defrayed by the authorities by whom the committee was established in such proportions respectively as may be agreed amongst or between them or, in default of agreement, as may be determined by the Secretary of State.
(8) In this section—
“existing local authority” includes a joint committee and a joint board; and
“new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.
(1) Subject to the provisions of this section, a local authority (a “contracting authority”) may agree with any other local authority (a “supplying authority”) that the supplying authority shall carry out for the contracting authority any activity or service which the contracting authority are required to, or may legitimately, carry out.
(2) An agreement under this section—
(a) may provide for activities or services to be carried out by two or more authorities jointly; and
(b) may include such terms as to payment as the authorities concerned consider appropriate.
(3) Anything requiring to be done by a supplying authority under an agreement under this section shall be treated as one of their statutory functions.
(4) The Secretary of State may by regulations make such provision as he thinks fit in relation to the exercise by local authorities of the power conferred by this section and, without prejudice to the generality of the foregoing, such regulations may include provision—
(a) prohibiting or restricting to such extent as may be prescribed the use of the power in relation to such activities or services, or such class or classes of activities or services, as may be so prescribed;
(b) specifying, either generally or in relation to such activities or services, or such classes of activities or services, as may be so prescribed, which authorities may enter into agreements under this section.
(5) This section is without prejudice to any other power under or by virtue of which a local authority may arrange for the carrying out of any of their activities or services by another authority.
(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) For the purposes of this section “local authority” includes a residuary body and a joint board.
(1) Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Part of this Act shall—
(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Part of this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1996 to, but only to, the area, things or persons to which or to whom it applies before that date;
(b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;
but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.
(2) Subsection (1) above shall have effect subject to the provisions of—
(a) subsection (6) below;
(b) this Part of this Act;
(c) any Act passed after this Act and before 1st April 1996; and
(d) any order made under—
(i) section 181 of this Act; or
(ii) the following provisions of this section.
(3) Any local statutory provision to which this section applies and which relates to functions exercisable by an existing local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1996 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.
(4) Subsection (3) above shall not come into force until 1st April 1996 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Part of this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.
(5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 181 of this Act, the Secretary of State may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—
(a) extend the provision throughout the new local government area in which it is continued in force;
(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;
(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;
(e) transfer to any local authority appearing to the Secretary of State to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 181 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;
(f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State to be expedient.
(6) All local statutory provisions to which this subsection applies shall cease to have effect on 31st December 1999, but the Secretary of State may—
(a) by order exempt any such provision from the foregoing provision of this subsection;
(b) from time to time by order postpone the date on which any local statutory provision applying to the whole or part of any local government area is to cease to have effect under this subsection.
(7) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(8) This section applies to any local statutory provision in force immediately before 1st April 1996 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following local statutory provisions—
(a) a provision of a local Act, the Bill for which was promoted by a local authority;
(b) a provision of an Act confirming a provisional order made on the application of a local authority;
(c) a provision of an order made on such an application which was subject to special parliamentary procedure;
(d) any byelaw; and
(e) any management rule made under section 112 of the [1982 c. 45.] Civic Government (Scotland) Act 1982 (management rules),
not being a provision relating to a statutory undertaking.
(9) In this section—
“existing local authority” means a regional or district council;
“local authority” means an existing local authority, a joint committee, an authority constituted under section 2 of this Act, a joint board and a residuary body; and, for the purposes of subsection (6) above, includes any local authority in existence prior to 16th May 1975;
“local statutory provision” includes—
a provision of a public general Act passed with respect only to the whole or part of an existing local government area;
a provision of an instrument made under such a public general Act;
an instrument in the nature of a local statutory provision made under any other public general Act;
a provision of a local Act or a provision of an instrument made under any such Act;
a provision of an Act confirming a provisional order;
a provision of an order which was subject to special parliamentary procedure;
any byelaw; and
any management rule made under section 112 of the [1982 c. 45.] Civic Government (Scotland) Act 1982 (management rules),
but does not include any enactment or instrument in so far as that enactment or instrument relates to functions mentioned in section 91(1)(b) of this Act nor any order under section 6 of the 1975 Act; and
“statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power or district heating.
Sections 231 (applications to sheriff in cases of difficulty) and 232 (applications to court) of the 1973 Act shall apply in relation to a difficulty arising in the carrying out of this Part of this Act as they apply in relation to a difficulty arising in the carrying out of that Act.
In this Part of this Act, unless the context otherwise requires—
“existing local authority” means a regional, islands or district council;
“records” shall be construed in accordance with section 53 of this Act;
“the 1972 Act” means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;
“the 1992 Act” means the [1992 c. 14.] Local Government Finance Act 1992,
and expressions used in this Part of this Act and in the 1973 Act shall have the same meanings in this Part as in that Act.
Local Government etc (Scotland) Act 1994