Statutory Instrument 1994 No. 2850 (C.63) (S.145)

The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994

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© Crown Copyright 1994

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1994 No. 2850 (C.63) (S.145)

LOCAL GOVERNMENT, SCOTLAND

WATER SUPPLY, SCOTLAND

The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994

The Secretary of State, in exercise of the powers conferred on him by sections 182(2) and 184(2) of the Local Government etc. (Scotland) Act 1994^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
    1.—(1)  This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No. 1) Order 1994.

    (2)  In this Order, "the Act" means the Local Government etc. (Scotland) Act 1994.

Days appointed
    2.    8th November 1994 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule).

    3.    4th January 1995 is the day appointed for the coming into force of-
 (a) the provisions of the Act specified in column 1 of Schedule 2 to this Order (which relate to the matters specified in column 2 of that Schedule);
 (b) section 180 of the Act, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (c) and (d) below;
 (c) in Schedule 13 to the Act (minor and consequential amendments)-
 (i) paragraph 3;
 (ii) paragraph 4(1) and (3);
 (iii) paragraph 27(1), (2) and (3)(a)(i);
 (iv) paragraph 60(1) and (3)(a) to (c);
 (v) paragraph 71(1) and (6);
 (vi) paragraph 75(1), (2)(b), (d) and (e), (13)(a)(ii), (14), (17)(d), (18)(c), (19)(b), (20) and (24);
 (vii) paragraph 92(1), (20), (22), (26), (27), (60) and (70);
 (viii) paragraph 95(1) and (2)(a), (b) and (d);
 (ix) paragraph 100(1) and (9)(f) and (g);
 (x) paragraph 119(1), (5)(d), (7)(c)(ii), (34), (36), (42) to (45), (46) (so far as that sub-paragraph relates to the definition of "wholesome" in section 76L(1) of the Water (Scotland) Act 1980^[2]), (51) and (53)(a)(iv) and (vi);
 (xi) paragraph 129(1) and (20)(b);
 (xii) paragraph 156(1), (3) and (4);
 (xiii) paragraph 176(1) and (19)(c) and (d); and
 (xiv) paragraph 177; and
 (d) the repeals in Schedule 14 to the Act specified in Schedule 3 to this Order.

Modifications
    4.—(1)  The relevant provisions (being provisions amended or as the case may be added by provisions in the Act brought into force by article 3 of this Order) shall in the period from 4th January 1995 until 1st April 1996 apply as if modified by the substitution of the word "local" for the word "sewerage" in each place where that word appears in the relevant provisions (those modifications being such as appear to the Secretary of State requisite having regard to the fact that other provisions of Part II of, and Schedule 13 to, the Act are not for the time being in effect).

    (2)  In paragraph (1) above, "the relevant provisions" means-
 (a) sections 1(2) and (4), 3A, 16A, 20(5), 22(2A), 23 and 48 of the Sewerage (Scotland) Act 1968^[3]; and
 (b) section 32(2) of the Control of Pollution Act 1974^[4].

Ian Lang

One of Her Majesty's Principal Secretaries of State
St Andrew's House, Edinburgh

7th November 1994

[1] 1994 c. 39. back

[2] 1980 c. 45; section 76L(1) was added by the Water Act 1989 (c. 15), Schedule 22, paragraph 1. back

[3] 1968 c. 47; the provisions listed are amended or added by way of section 101 of, and paragraph 75(2), (14), (17), (19), (20) and (24) of Schedule 13 to, the Act. back

[4] 1974 c. 40; section 32(2) is substituted by paragraph 95(2)(b) of Schedule 13 to the Act. back

Explanatory Note