Statutory Instrument 1996 No. 323 (C.6) (S.23)

The Local Government etc. (Scotland) Act 1994 (Commencement No.7 and Savings) Order 1996

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© Crown Copyright 1996

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1996 No. 323 (C.6) (S.23)

LOCAL GOVERNMENT, SCOTLAND

WATER SUPPLY, SCOTLAND

The Local Government etc. (Scotland) Act 1994 (Commencement No.7 and Savings) Order 1996

The Secretary of State, in exercise of the powers conferred on him by section 184(2) and (3) 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.7 and Savings) Order 1996.

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

Days appointed and savings
    2.—(1)  Subject to paragraph (2) below, 19th February 1996 is the day appointed for the coming into force of—
 (a) section 46 of the Act (licensing boards);
 (b) section 180 of the Act, so far as it relates to the provisions in Schedules 13 and 14 to the Act specified in sub-paragraphs (c) and (d) below;
 (c) in Schedule 13 to the Act, paragraph 176(2), (10), (12)(b) and (16)(a) to (c); and
 (d) in Schedule 14 to the Act, the repeals of the following provisions of the Local Government Finance Act 1992^[2]:—
 (i) in section 93(1)(a) the words "regional, islands or district" and "as appropriate";
 (ii) section 97(2);
 (iii) section 112(2)(d);
 (iv) in Schedule 2, in paragraph 8(5)(b), the words "or where the authority is a regional council, each amount set under section 93 of this Act", and, in paragraph 12(2), sub-sub-paragraph (b) and, in sub-sub-paragraphs (e) and (f), the word "levying"; and paragraph 19(7)(b); and
 (v) in Schedule 11, Parts I and II and paragraphs 26 and 27.

    (2)  In the period until 1st April 1996, the provisions of the Local Government Finance Act 1992 which are amended or repealed by the provisions of the Act brought into force by paragraph (1)(b) to (d) above shall continue to apply (without amendment or repeal) in relation to any financial year which began prior to that date.

    3.    31st March 1996 is the day appointed for the coming into force of—
 (a) section 180 of the Act, so far as it relates to the provision in Schedule 13 to the Act specified in paragraph (b) below, and
 (b) in Schedule 13 to the Act, paragraph 100(9)(h).

    4.—(1)  Subject to paragraph (2) below, 1st April 1996 is the day appointed for the coming into force of—
 (a) 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);
 (b) section 180 of the Act, so far as it relates to the provisions in Schedules 13 and 14 to the Act specified in sub-paragraphs (c) and (d) below;
 (c) in Schedule 13 to the Act, paragraphs 1, 2, 4 (so far as not already in force), 5, 6, 8 to 26, 27 (so far as not already in force), 28 to 33, 35 to 37, 38(1) and (8), 39 to 56, 58, 59, 60 (so far as not already in force), 61, 63 to 66, 67 (so far as not already in force), 68 to 70, 71 (so far as not already in force), 72 (so far as already not in force), 73, 74, 75 (so far as not already in force), 76 to 84, 85(1), (2) and (3)(b)(ii) and (c), 86 to 91, 92 (other than sub-paragraphs (34), (35) and (48) and so far as not already in force), 93(1) and (3), 94, 95(3), (5) to (7) and (10), 96 to 99, 100(6) to (8) and (9)(a) to (i) (so far as not already in force), 101 to 115, 116(1) to (5), 117, 118, 119 (other than sub-paragraph (54)(a)(ii) and (h)(iii) and so far as not already in force), 120 to 128, 129 (so far as not already in force), 130 to 148, 150 to 155, 156 (so far as not already in force), 157 to 161, 163 to 166, 167 (other than sub-paragraphs (2), (4), (5), (7) and (9)), 168 to 175, 176 (so far as not already in force) and 178 to 184; and
 (d) the repeals in Schedule 14 to the Act specified in Schedule 2 to this Order.

    (2)  The commencement, by virtue of paragraph (1)(d) above, of Schedule 14 to the Act so far as relating to the repeal of section 223 of the Local Government (Scotland) Act 1973^[3] shall not affect the continuing operation of that section in relation to the councils constituted under section 2 of the Act for the areas of Orkney Islands, Shetland Islands and Western Isles.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

9th February 1996

[1] 1994 c. 39. back

[2] 1992 c. 14. back

[3] 1973 c. 65. back

Explanatory Note