Law
Local Government etc. (Scotland) Act 1994
United Kingdom · statute
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In force since 2023-04-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Contents: 202 provisions
- Title and introductory text
- 1 Local government areas in Scotland.
- 2 Constitution of councils.
- 3 Orkney, Shetland and Western Isles.
- 4 Convener and depute convener.
- 5 Elections and term of office of councillors.
- 6 Date of elections.
- 7 Establishment of new local authorities and supplementary provisions.
- 8 Transfer of employees.
- 9 Effect of section 8 on contracts of employment.
- 10 Continuity of employment.
- 11 Remuneration of employees of local authorities.
- 12 Staff commission.
- 13 Compensation for loss of office or diminution of emoluments.
- 14 Employment by new authorities.
- 15 Transfer of property.
- 16 Property held on trust.
- 17 Educational endowments.
- 18 Residuary bodies.
- 19 Property commission.
- 20 Joint committees and joint boards.
- 21 Application of section 211 of the 1973 Act to joint boards.
- 22 Community councils.
- 23 Duty to prepare decentralisation schemes.
- 24 Transitional provisions: finance.
- 25 Financing of new authorities prior to 1st April 1996.
- 26 Valuation lists.
- 27 Valuation areas and authorities and appointment of assessors etc.
- 28 Valuation rolls.
- 29 Valuation appeal panels and committees.
- 30 Rating authorities.
- 31 Education.
- 32 Co-operation between education authorities.
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 Reorganisation of police areas.
- 35 Amalgamation schemes.
- 36 Fire services.
- 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38 Roads.
- 39 Roads authority for boundary bridges.
- 40 Establishment etc. of Strathclyde Passenger Transport Authority.
- 41 Amendment of section 13 of Transport Act 1968.
- 42 Power to secure management of traffic control system.
- 43 Guidance as to exercise of traffic powers.
- 44 Restriction on order-making powers of existing authorities.
- 45 Chief social work officer.
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 47 Proceedings in district courts: transitional provisions.
- 48 Amendment of District Courts (Scotland) Act 1975.
- 49 Justices of the peace.
- 50 Stipendiary magistrates.
- 51 Registration of births, deaths and marriages.
- 52 Tweed Fisheries Commissioners.
- 53 Records held by local authorities.
- 54 Use, acquisition and disposal of records.
- 55 Restriction on disposal of assets and entering into contracts by existing authorities.
- 56 Duty of existing authorities and assessors to provide information to new authorities.
- 57 Power and duty of existing local authorities to assist new authorities.
- 58 Further provision as to discharge of functions by authorities.
- 59 Local Acts and instruments.
- 60 Applications to sheriff in cases of difficulty.
- 61 Interpretation of Part I.
- 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 65 General duties of Secretary of State and of new authorities.
- 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 67 Scottish Water and Sewerage Customers Council.
- 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 101 Authorisation of construction of certain private sewers etc.
- 102 Emptying of septic tanks.
- 103 Register as respects trade effluents.
- 104 Disapplication of restrictions on disclosure of information.
- 105 Restriction on references to Secretary of State of questions regarding water supply.
- 106 Removal of restriction on supply of water to premises outwith water authority’s limits of supply.
- 107 Supply of water for use outwith Scotland.
- 108 Further provision as regards removal of restrictions on supply of water outwith limits of supply.
- 109 Right of objection to proposed laying of mains.
- 110 Vesting of certain supply pipes.
- 111 Duty of water authority to keep map showing water mains etc.
- 112 Simplification of provisions as respects opting for water supply by meter.
- 113 Actings of Secretary of State on default of water authority.
- 114 Publication and provision of information as respects quality of private supplies of water.
- 115 Regulations as to certain procedures.
- 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 127 The Principal Reporter.
- 128 The Scottish Children’s Reporter Administration.
- 129 Appeal against dismissal of Principal Reporter and other officers.
- 130 Annual report of Principal Reporter.
- 131 Delegation of Principal Reporter’s functions.
- 132 Duty of Administration to provide accommodation etc. for children’s hearings.
- 133 Ancillary powers of Administration.
- 134 Directions by the Secretary of State.
- 135 Government grants to the Administration.
- 136 Reports, accounts etc. of the Administration.
- 137 Staff: application of Chapter 2 of Part I.
- 138 Property etc.: application of Chapter 3 of Part I.
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 140 Power of local authorities to provide assistance to voluntary organisations.
- 141 Byelaws under section 121 of Civic Government (Scotland) Act 1982.
- 142 Organisation of polling districts.
- 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 Denominational schools: proposals under section 22D of Education (Scotland) Act 1980.
- 145 Provision of school transport and other facilities.
- 146 Definition of “road”.
- 147 Provisions consequential on making of special road order.
- 148 Toll orders.
- 149 Road works register.
- 150 Traffic signs.
- 151 Exclusion from valuation roll of fishings and fish counters
- 152 Amendment of definition of “lands and heritages”.
- 153 Power of Secretary of State to prescribe amount of non-domestic rate.
- 154 Rating of unoccupied lands and heritages.
- 155 Rating of lands and heritages partly unoccupied for a short time.
- 156 Remission of rates on account of hardship.
- 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 158 Grants in respect of certain rate rebates.
- 159 Rating of enterprise zone.
- 160 Further provision as to valuation by formula.
- 161 Power of Secretary of State to combine and divide lands and heritages.
- 162 Abolition of Scottish Valuation Advisory Council.
- 163 Guarantees by Strathclyde Passenger Transport Authority.
- 164 Calculation of limits on spending.
- 165 Powers of authorities to borrow and lend money.
- 166 Grants in relation to ethnic minorities.
- 167 Special grants.
- 168 Direct Labour Organisation/ Direct Services Organisation Accounts.
- 169 Statements of support services costs.
- 170 Effective use of resources.
- 171 Functions to include promotion of economic development.
- 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 176 Powers to carry on tourism-related activities.
- 177 Parliamentary disqualification.
- 178 Financial provisions.
- 179 Savings.
- 180 Minor and consequential amendments and repeals
- 181 Consequential and supplementary provisions
- 182 Further transitional provisions.
- 183 Interpretation and amendment of statutory references
- 184 Short title, commencement and extent
- SCHEDULE 1 New Local Government Areas
- SCHEDULE 2 Establishment of New Local Authorities
- SCHEDULE 3 Residuary Bodies
- SCHEDULE 4
- SCHEDULE 5 Strathclyde Passenger Transport Authority
- SCHEDULE 6 Entry relating to new Scottish local authority to be inserted in Schedule 1 to the Tweed Fisheries Act 1969
- SCHEDULE 7
- SCHEDULE 8
- SCHEDULE 9
- Schedule 9A
- SCHEDULE 10
- SCHEDULE 11
- SCHEDULE 13 Minor and Consequential Amendments
- SCHEDULE 14 Repeals
Proposed changes to this act
No one has proposed a change to this act yet.
202 provisions
158 Grants in respect of certain rate rebates.
In section 69 of the Local Government, Planning and Land Act 1980 (grants in respect of rebates under the Rating (Disabled Persons) Act 1978)— (a) after subsection (1) insert— (1A) Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995. (1B) A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995. ; and (b) after subsection (2) insert— (2A) Subsections (1A) and (1B) above extend to Scotland only. .
Propose a change159 Rating of enterprise zone.
(1) Schedule 32 to the Local Government, Planning and Land Act 1980 shall be amended in accordance with this section. (2) In paragraph 33(2) (meaning of exempt lands and heritages for purpose of paragraph 33)— (a) paragraph (a) shall cease to have effect; and (b) for paragraph (b) substitute— (b) the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages), . (3) In paragraph 34 (grants to compensate rating authorities for loss of revenue)— (a) in sub-paragraph (1)— (i) at the beginning insert the words “ For the financial year 1995-96, ”; and (ii) after “revenue” insert the words “ in respect of the non-domestic sewerage rate ”.
Propose a change160 Further provision as to valuation by formula.
In section 6 of the 1975 Act (valuation by formula of certain lands and heritages), after subsection (5) there shall be inserted the following subsection— (5A) An order under this section may provide that the assessor for any specified valuation area shall carry out such functions in relation to the operation of a formula as may be specified in the order, notwithstanding that such functions may include the valuation of lands and heritages in another valuation area. .
Propose a change161 Power of Secretary of State to combine and divide lands and heritages.
After section 6 of the Valuation and Rating (Scotland) Act 1956 there shall be inserted the following section— Power of Secretary of State to combine and divide lands and heritages. 6A (1) The Secretary of State may by order provide that, for all purposes of the Valuation Acts— (a) lands and heritages specified in the order which would, apart from the order, be treated as justifying separate entries in the valuation roll shall be treated as justifying only one such entry; and (b) lands and heritages so specified which would, apart from the order, be treated as justifying only one entry in the valuation roll shall be treated as justifying separate entries, and an order under paragraph (b) above shall specify which parts of the lands and heritages concerned are to be treated as justifying separate entries. (2) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. .
Propose a change162 Abolition of Scottish Valuation Advisory Council.
(1) The Scottish Valuation Advisory Council constituted under section 3 of the Valuation and Rating (Scotland) Act 1956 (“the 1956 Act”) shall cease to exist immediately before 1st April 1996. (2) In the 1956 Act— (a) section 3; and (b) in section 43(1) (interpretation), the definition of “Advisory Council”, shall cease to have effect.
Propose a change163 Guarantees by Strathclyde Passenger Transport Authority.
After section 13 of the Transport Act 1968 there shall be inserted the following section— Guarantees by Authority. 13A The Authority may guarantee any obligation entered into by the Executive with the approval of the Authority. .
Propose a change164 Calculation of limits on spending.
(1) Section 83 of the 1973 Act (power of local authorities to incur expenditure not otherwise authorised) shall be amended in accordance with this section. (2) In subsection (1)— (a) after the words “in the interests of” there shall be inserted the words “ and will bring direct benefit to ”; (b) after the words “incur any expenditure” there shall be inserted “ (a) ”; and (c) at the end there shall be added the words— nor (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred. . (3) Subsection (3A) shall cease to have effect. (4) For subsection (4) substitute— (4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying— (a) £3.80, or such other sum as may from time to time be specified in an order made by the Secretary of State; by (b) the relevant population of the authority’s area. (4AA) For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State. . (5) For subsections (5) and (6) substitute— (5) A statutory instrument containing an order or regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. .
Propose a change165 Powers of authorities to borrow and lend money.
(1) The Secretary of State may by regulations made with the consent of the Treasury make provision with respect to the powers of authorities— (a) to borrow and lend money; and (b) to establish and operate loans funds. (2) Regulations under this section may make different provision in respect of different authorities and may include such incidental, supplemental and consequential provision as the Secretary of State considers appropriate. (3) Without prejudice to the generality of the powers conferred by subsections (1) and (2) above, regulations under this section may— (a) specify the purposes for which an authority may borrow money; (b) place limits on amounts which an authority may borrow; (c) specify the means by which an authority may borrow; (d) make provision for— (i) the means by which money borrowed by an authority may be secured; and (ii) the protection of persons borrowing from an authority; (e) specify from whom an authority may borrow or to whom they may lend; (f) specify the terms on which an authority may lend; (g) make provision as to what assets and liabilities may be paid or transferred into or out of a loans fund and on what terms; (h) provide for investigations to be carried out at the instance of the Secretary of State into the administration of a loans fund; (i) place requirements on an authority to obtain such consent as may be prescribed before taking prescribed actions; and (j) where an authority have failed to comply with the regulations, provide for the Secretary of State to apply to the Court of Session for an order ordaining compliance, and for the court to grant such an application if they think fit. (4) Where it appears to the Secretary of State to be necessary or expedient, in the light of any regulations made under this section, to amend any reference in any enactment, whether passed before or after the coming into force of this section— (a) to a loans fund; or (b) to any provision in Schedule 3 to the 1975 Act, he may by regulations make such amendment. (5) Regulations under this section shall be made by statutory instrument, but shall not be made unless a draft of any such statutory instrument has been laid before and approved by resolution of each House of Parliament. (6) For the purposes of this section “authority” means a local authority, a joint board . . ., the Strathclyde Passenger Transport Authority or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005.
Propose a change166 Grants in relation to ethnic minorities.
For section 11 of the Local Government (Scotland) Act 1966 substitute— Grants for certain expenditure in relation to ethnic minorities. 11 (1) Subject to the provisions of this section, the Secretary of State may pay to local authorities which in his opinion are required to make special provision in the exercise of any of their functions in consequence of the presence within their area of persons belonging to ethnic minorities whose language or customs differ from those of the rest of the community, grants of such amounts as he may, with the consent of the Treasury, determine on account of expenditure in respect of the employment of staff. (2) No grant shall be paid under this section in respect of expenditure incurred before 1st April 1993. .
Propose a change167 Special grants.
After section 108 of the Local Government Finance Act 1992 insert— Special grants. 108A (1) The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a “special grant”) in accordance with this section to a local authority. (2) Where the Secretary of State proposes to make a special grant to one authority he shall, before making the grant, make a determination stating— (a) the authority to which the grant is to be paid; (b) the purpose for which the grant is to be paid; and (c) the amount of the grant which is to be paid or the manner in which that amount is to be calculated. (3) Where the Secretary of State proposes to make special grants to more than one authority he shall, before making the grants, make a determination stating— (a) to which authorities they are to be paid; (b) the purpose for which they are to be paid; and (c) either— (i) the amount which he proposes to pay to each authority or the manner in which the amount is to be calculated; or (ii) the total amount which he proposes to distribute among the authorities and the basis upon which he proposes to distribute that amount. (4) A determination under subsection (2) or (3) above shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation of the main features of the determination as the Secretary of State considers to be desirable. (5) A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable thereafter, the Secretary of State shall send a copy of it to any authority to which he proposes to make a special grant in accordance with the determination. (6) No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons. (7) A special grant report may specify conditions which the Secretary of State may with the consent of the Treasury impose on the payment of, or of any instalment of, any special grant to which the report relates; and the conditions may— (a) require the provision of returns or other information before a payment is made to the authority concerned; or (b) relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid. (8) Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine. .
Propose a change168 Direct Labour Organisation/ Direct Services Organisation Accounts.
(1) After section 15 of the 1975 Act there shall be inserted the following section— Direct Labour Organisation/ Direct Services Organisation Accounts. 15A (1) A local authority may establish, in accordance with the provisions of this section, Direct Labour Organisation/Direct Services Organisation Funds (to be known as “DLO/DSO funds”) for the purpose of dealing with surpluses and deficits which may occur in respect of— (a) any revenue account kept by the authority under section 10(1) (accounts relating to construction or maintenance work) of the Local Government, Planning and Land Act 1980; or (b) any account kept by the authority under section 9(2) (accounts) of the Local Government Act 1988. (2) Any interest earned on money transferred to a reserve fund established under subsection (1) above may be credited to that fund. (3) Any surplus credited to a fund established under subsection (1) above and which is, in the opinion of the authority, not required for the purpose of dealing with deficits in any such fund, may be transferred by them to the general fund maintained by them under section 93 of the Act of 1973 (general fund). (4) This section is without prejudice to any specific limitation imposed by or under any enactment as to the manner in which money may be paid into or out of any specific account. . (2) Paragraphs 22(1)(c) and 24A of Schedule 3 to the 1975 Act shall cease to have effect.
Propose a change169 Statements of support services costs.
(1) The Secretary of State may by regulations require any authority defined for the purposes of section 1(1) of the Local Government Act 1988 (“the 1988 Act”) to publish a statement, to be known as a statement of support services costs (hereinafter referred to as a “statement”), of the cost to the authority of each of the activities to which this section applies. (2) This section applies to— (a) any activity which is a defined activity within the meaning of section 2(2) of the 1988 Act; (b) any other prescribed activity. (3) A statement shall— (a) show the cost to the authority of the activity to which it applies, whether or not that activity, or any part of it, is carried out by employees of the authority; and (b) show how that cost is allocated amongst the public services provided by the authority. (4) A statement shall— (a) be in such form; (b) be published on or by reference to such date; (c) contain such information: (d) be made available for inspection by the public in such manner; and (e) be supplied to the public on such terms as to payment, as may be prescribed, and different provision may be made in relation to the matters mentioned above in relation to different authorities. (5) Such of the information contained in the statement as may be prescribed shall be included within the annual abstract of accounts (or any equivalent to such an abstract) produced by an authority. (6) For the purposes of this section the cost of any activity shall be calculated in such manner and by reference to such factors as may be prescribed. (7) In this section— “activity”, where it is an activity such as is mentioned in— subsection (2)(a) above, has the meaning given to it by or under the 1988 Act; and subsection (2)(b) above, has such meaning as may be prescribed; “prescribed” means prescribed in regulations under this section; and “public services” means such services provided by the authority as may be prescribed. (8) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change170 Effective use of resources.
After section 122 of the 1973 Act there shall be inserted the following section— Duty of local authority to use resources efficiently. 122A It shall be duty of each local authority to make proper arrangements for securing economy, efficiency and effectiveness in their use of resources. .
Propose a change171 Functions to include promotion of economic development.
After section 171 of the 1973 Act there shall be inserted— Part XVIIIA Economic Development Functions to include promotion of economic development. 171A (1) Subject to section 171B of this Act, the functions of a local authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area. (2) Subject to the said section 171B, and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for— (a) the setting up or expansion of any commercial, industrial or public undertaking— (i) which is to be or is situated in the authority’s area; or (ii) the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area; and (b) the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking, opportunities for employment with which have been or appear likely to be made available to persons living in that area. (3) For the purposes of this section, the cases in which a local authority shall be treated as providing financial assistance to any person shall include the cases where they do or agree to do any of the following, that is to say— (a) make a grant to that person; (b) make a loan to that person or provide him with any further form of credit; (c) guarantee the performance of any of that person’s obligations; (d) indemnify that person in respect of any liability, loss or damage; (e) invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise; (f) provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which is less than the best that could reasonably be obtained; (g) join with any other person in doing anything falling within paragraphs (a) to (f) above. (4) The power conferred on a local authority under subsection (1) above includes power for such authority to engage in activities outside their area for the purpose of promoting the economic development of their area. (5) Where, in any financial year, a local authority propose to engage in activities such as are mentioned in subsection (4) above outside the United Kingdom, they shall, before the beginning of that financial year— (a) prepare a document setting out their proposals for engagement in such activities; and (b) submit that document to the Secretary of State for approval. (6) Where the Secretary of State approves the proposals set out in any document submitted under subsection (5) above, he may make his approval subject to such conditions as he considers necessary or expedient. (7) At any time during the financial year to which a document such as is mentioned in subsection (5) above relates— (a) a local authority may submit to the Secretary of State amendments of the proposals contained in that document; and (b) subsection (6) above shall apply in relation to those amendments as it applies in relation to proposals submitted in pursuance of subsection (5) above. (8) The exercise by a local authority of any of their powers under this section shall be subject to the provisions of section 90 of this Act. Restrictions on promotion of economic development. 171B (1) The powers of a local authority by virtue of section 171A above, and their powers by virtue of any of the other provisions of this or any other enactment, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State. (2) Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions (including conditions requiring consultation by the local authority of such persons as may be prescribed), and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a local authority by virtue of the said section 171A or any other enactment. (3) The Secretary of State may by order impose such a financial limit as may be specified in or determined under the order on expenditure which— (a) is, or is of a description, so specified or determined; and (b) is, by virtue of section 171A above or a provision of this or any other enactment, incurred in any financial year for the purpose of promoting the economic development of their area by a local authority so specified or determined. (4) A statutory instrument containing regulations under subsection (1) or (2) above or an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Regulations under subsection (1) or (2) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate. Exercise of certain powers to be subject to provisions of sections 171A and 171B. 171C The exercise by a local authority of any power which they have— (a) under section 7 of the Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings); (b) under section 102 (power to acquire compulsorily certain land) or 109 (power to acquire certain land by agreement) of the Town and Country Planning (Scotland) Act 1972; or (c) under section 70, 74 or 78 of this Act, is subject to the provisions of sections 171A and 171B of this Act. .
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Propose a change176 Powers to carry on tourism-related activities.
For section 90 of the 1973 Act there shall be substituted the following section— Powers of local authority to carry on tourism-related activities. 90 (1) A local authority may— (a) provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes; (b) promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise); (c) organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions; (d) participate in the area tourist board whose area includes the area of that authority. (2) Subject to subsection (3) below, a local authority shall not have power to— (a) encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)— (i) to visit their area for purposes relating to leisure; or (ii) to hold conferences, trade fairs or exhibitions within their area; (b) provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area; (c) carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify. (3) A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above— (a) in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or (b) where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing. (4) A local authority shall not, for the purposes of carrying on activities relating to tourism other than— (a) those such as are mentioned in paragraphs (a) to (d) of subsection (1) above; or (b) by virtue of subsection (3) above, those such as are mentioned in subsection (2) above, form, acquire or join with any person or body corporate. (5) Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person— (a) doing anything mentioned in paragraph (a) of that subsection; or (b) organising and holding a conference, trade fair or exhibition. (6) A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following modifications— (a) references to “another local authority” shall be construed as if they were references to an area tourist board; and (b) in subsection (2), the words from “but” to the end shall be omitted. (7) A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) In this section— (a) “area tourist board” means a board established by virtue of an order made or, as the case may be, approved under section 172, 173 or 174 of the Local Government etc. (Scotland) Act 1994; (b) “participate” means participation in any one or more of the following ways— (i) a local authority or any person representative of a local authority being a member of the area tourist board whose area includes the area of that authority; (ii) provision by a local authority to such a board of financial assistance for the purposes of the board’s carrying out activities relating to tourism; (iii) provision by a local authority to such a board of staff; and (c) section 171A(3) of this Act shall apply to this section with the substitution for any references to a person of references to an area tourist board. .
Propose a change177 Parliamentary disqualification.
(1) Schedule 1 to the House of Commons Disqualification Act 1975 shall be amended as mentioned in subsections (2) and (3) below. (2) In Part II (bodies of which all members are disqualified for membership of the House of Commons), there shall be inserted at the appropriate places the following entries— The East of Scotland Water Authority. ; The North of Scotland Water Authority. ; The Scottish Children’s Reporter Administration. ; . . . ; and The West of Scotland Water Authority. . (3) In Part III (other disqualifying offices) there shall be inserted at the appropriate places the following entries— Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994. ; Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration. ; and Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994. .
Propose a change178 Financial provisions.
(1) There shall be paid out of money provided by Parliament— (a) any expenses of the Secretary of State incurred in consequence of the provisions (other than section 84(5)) of this Act; and (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment. (2) There shall be paid out of the National Loans Fund any sums issued to the Secretary of State under section 84(5) of this Act. (3) There shall be paid into— (a) the National Loans Fund any sums paid to the Secretary of State under section 84(5) of this Act; and (b) the Consolidated Fund any sums paid to the Secretary of State in consequence of any other provision of this Act.
Propose a change179 Savings.
(1) The repeal by this Act of— (a) sections 65, 66 and 67; (b) the words from “; and section 65” to the end in section 76H(8); and (c) the words “, save in sections 64 to 67,” in the definition of “owner” in section 109(1), of the 1980 Act, shall not affect the operation of the said sections 65, 66 and 67 as respects— (i) any charging order made before 1st April 1996 under subsection (1) or (3) of section 65 (including any charging order so made by virtue of the said section 76H(8)); (ii) any order made before that date under subsection (2) of section 66; or (iii) any right conferred by those sections to recover expenditure provided that the expenditure was incurred before that date. (2) The repeal by this Act of the said section 65 shall not affect that section’s application, under subsection (4) of section 75 of the Agricultural Holdings (Scotland) Act 1991, to such charging orders as are mentioned in subsection (2) or (3) of the said section 75. (3) The repeal by this Act— (a) of section 47 of the 1968 Act shall not affect the operation of that section as respects— (i) any charging order made before 1st April 1996 under subsection (1) of that section; or (ii) any right conferred by that section to recover expenditure provided that the expenditure was incurred before that date; (b) of the said sections 65, 66 and 67 shall not affect those sections’ application, under subsection (2) or (3) of the said section 47, to such charging orders as are mentioned in sub-paragraph (i) of paragraph (a) above or, as the case may be, for the purpose of the right of recovery mentioned in sub-paragraph (ii) of that paragraph. (4) Without prejudice to subsection (4) of section 72 of the 1980 Act (certain byelaws to cease to have effect at expiration of a specific period unless extended), or to that subsection as it applies by virtue of section 63(10) of the Countryside (Scotland) Act 1967 (byelaws as respects recreational use of waterway or land), a byelaw made by the Board or by any other transferor as water authority, or having effect, immediately before the transfer date, as if so made by virtue of section 73(3) of the 1980 Act (power of Secretary of State to require making of byelaws), shall on and after that date have effect, though only within the area in which it had effect immediately before that date, as if made by the transferee as water authority, with any reference in the byelaws to the transferor being construed, in so far as the context admits, as a reference to the transferee. (5) In subsection (4) above, “transferor” and “transferee” mean the transferor and transferee in a transfer scheme; and for the purposes of that subsection the transferee where the transferor is the Board shall be taken to be the East of Scotland Water Authority only. (6) Section 125 of this Act applies for the interpretation of subsections (1) to (5) above as that section applies for the interpretation of Part II of this Act.
Propose a change180 Minor and consequential amendments and repeals
(1) Schedule 13 to this Act, which contains minor amendments and amendments consequential upon the provisions of this act, shall have effect. (2) The enactments mentioned in Schedule 14 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
Propose a change181 Consequential and supplementary provisions
(1) The Secretary of State may at any time, whether before or after 1st April 1996 by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient— (a) for the gereral or any paricular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or (b) in consequence of such of the provisions of this Act or of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act, and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection. (2) An order under this section may— (a) make provision in the case ofany body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in such an order shall be inconsistsent with any provision of this Act; (b) in relation to the period prior to 1st April 1996, and subject to such modifications as the Secretary of State thinks necessary or expedient, apply to the new authorities any enactment relating to a local authority in Scotland; (c) apply, with or without modifications or amend, repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996; or (d) make savings, or additional savings, from the effect of any repeal made by this Act. (3) Subject to subsection (6) below, anything done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions shall, as from 1st April 1996, be treated as having been done by , to or in relation to the new authority by whom those functions become exercisable on and after that date by virtue of this Act; and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new authority by whom those functions become exercisable. (4) Without prejustice to the generality of subsection (3) above, the things to which it refers include— (a) any agreement, instrument, decision, designation, determination, declaration or order made or treated as having been made by an existing local authority; (b) any notice or direction given or treated as given by or to such an authority; (c) any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or relaxation granted or treated as granted by or to such an authority; (d) any application, request,proposal or objection made or treated as made by or to such an autority; (e) any fee paid to or by such an authority; (f) any condition or requirement imposed or treated as imposed by or on such an authority; (g) any proceedings instituted by or against any such authority; or (h) any appeal allowed by or in favour of or against such an authority. (5) If there is any doubt as to the indentity of the new authority to whom any particular functions are so transferred, that authority shall be taken to be such as may be specified in a direction given by the Secretary of State. (6) Subsection (3) above is without prejudice to any express provision made by, or by any intrument or transfer scheme made under, this Act but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State. (7) Section 25 of the 1973 Act (transitional agreements as to property and finance) shall apply for the purposes of Parts I and V of this Act as if any reference to an order under Part II of that Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under Part of this Act, but any agreement made by virtue of this subsection may only be made by new authorities and after 31st March 1996. (8) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament (9) In this section— “existing local authority” includes a joint committee and a joint board and a reporter appointed under section 36(1) of the Social Work (Scotland) Act 1968; “joint committee”and “joint board” have the meanings given by sectio 235(1) of the 1973 Act; and “new authority”means— (a) any of the authorities constituted under section 2 of this Act; (b) a joint committee and a joint board; (c) a residuary body; (d) the Strathclyde Passenger Transport Authority; (e) a new water and sewerage authority within the meaning of Part II of this Act; (f) the Principal Reporter; and (g) the Scottish Children’s Reporter Administrations
Propose a change182 Further transitional provisions.
(1) Until 1st April 1996— (a) section 70 of the 1973 Act (acuisition of land by agreement) shall have effect as if, in subsection (1), after paragraph (b) there were inserted “:, or (c) there being provided by some person other than themselves a systsem, to which the public shall have acess, of drains, sewers or sewage treatment works,”,; (b) section 71 of the 1973 Act (acquisition of land compulsorily) shall have effect as if, in subsection (1), after “enactment” there were inserted “or of there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works”; and (c) section 15 of the Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added “or for the purpose of there being provided by some person other than themselves a supply of water to the public”. (2) If the Secretary of State provides, by order under section 184(2) of this Act, that any provision of Part II of (or of Schedule 13 to) this Act which— (a) amends section 1, 16, 21(1), 22, 23, or 48 of the Sewerage (Scotland) Act 1968 or section 32 of the Control of Pollution Act 1974; or (b) adds to the said Act of 1968 a new section 3A or 16A or to section 20 of that Act a new subsection (5), shall come into force before 1st April 1996, he may provide in the order that the section amended, or as the case may be the section or subsection added, shall until that date apply as if modified in such manner as he shall specify in the order; the modifications being such as appear to him to be requisite having regard of the fact that some other provision of that Part (or that Schedule) is not for the time being in effect.
Propose a change183 Interpretation and amendment of statutory references
(1) In this Act, unless the context other wise requires— “residuary body” shall be construed in accordance with section 18 of this Act; “the Valuation Acts” means the Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation; “the 1973 Act” means the Local Government (Scotland) Act 1973; and “the 1975 Act” means the Local Government (Scotland) Act1975. (2) Subject to section 59 of this Act and to any particular amendment of any enactment made by or under this Act— (a) any reference in any enactment to a local authority within the meaning of the 1973 Act (whether expressed as a reference to such an authority, or to a regional, islands or district council, or otherwise); or (b) any reference in any enacatment to a local auathority within the meaning of the Local Government (Scotland ) Act 1947 (“the 1947 Act”) which, by virtue of paragraph 1(2) of Schedule 27 to the 1973 Act, falls to be construed as a reference to a local authority within the meaning of the 1973 Act, shall be construed as a reference to a council constituted under section 2 of this Act. (3) For the purpose of translating any reference, however expressed, in any enactment to a local authority within the meaning of either the 1973 Act or the 1947 Act to a reference to a council constituted under section 2 of this Act, the Secretary of State may by order made by statutory instrument make such amendments to any such enactment as he considers necessary or expedient (4) Subject to any particular amendment of any enactment made by this Act, any reference in any enactment to— (a) the director of education shall in relation to any purpose be construed as a reference to the officer appointed by a local authority for that purpose; (b) the director of secial work shall be construed as a reference to the chief social work officer. (5) Any reference in any enactment, other than the Social Work (Scotland) Act 1968 or the Criminal Procedure (Scotland ) Act 1975 (in respect of which Acts particular provision is made in Schedule 13 to this Act), to a reporter appointed under section 36(1) of the former Act shall be construed as a reference to the Principal Reporter (6) In this section “enactment” means any enactment or instrument made under an enactment, whether passed or made before or after the coming into force of this section; but does not include this Act or any instrument made under this Act.
Propose a change184 Short title, commencement and extent
(1) This Act may be cited as the Local Government etc. (Scotland) Act 1994 (2) This Act, except section 163, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes. (3) An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force. (4) This Act shall extend to Scotland only.
Propose a changeSCHEDULE 1 New Local Government Areas
Section 1(2) and (4). Part I New areas New local government areas | Comprising area of City of Aberdeen. | Aberdeen District Council. Aberdeenshire. | Banff and Buchan District Council; Gordon District Council; Kincardine and Deeside District Council. Angus. | Angus District Council; Tayside electoral divisions 30 (Monifieth) and 31 (Sidlaw) (except first, polling district PDB; secondly, that part of polling district PDC lying to the east and south of a line commencing at the junction of unnamed roads at grid reference NO 3297 3106; then running northwest to the crossroads at Mains of Fowlis at grid reference NO 3247 3239; then running northeastward along the unnamed road between Mains of Fowlis and Liff to the western curtilage of the property known as Cater-Milly at grid reference NO 3300 3276; then running southward and eastward along the western and southern curtilages of the said property to the field boundary at grid reference NO 3308 3259; then continuing southeastward along the said field boundary and across the Liff Burn to the eastern perimeter of the woodland known as Gray Den at grid reference NO 3332 3239; then running north and east along the path running along the said eastern perimeter of Gray Den to its junction with the unnamed track between Liff and Mains of Gray at grid reference NO 3336 3273; then running north to the junction of the said track and the southern curtilage of the property known as Gray Cottage; then running northeastward along the southern curtilages of Gray Cottage, Learsmonth House, Woodend Cottages and No. 31 Church Road to the southern edge of Church Road where it runs between Liff and the Royal Dundee Liff Hospital then running eastward along the continuation of the said road past the northern perimeter of the said Hospital to the road junction at grid reference NO 3537 3276; thirdly, that part of polling district ADA lying to the east and south of a line commencing at a point on the A923 road at grid reference NO 3560 3378; then running north along the eastern curtilage of No 100 Coupar Angus Road and northwestwards along the northern curtilages of Nos 100 to 122 Coupar Angus Road to the eastern perimeter of Blairfield Road; then northwards along the said eastern perimeter to the field boundary at grid reference NO 3533 3436; then northeastwards along the said field boundary to its junction with Templeton Road at grid reference NO 3577 3455; fourthly, that part of polling district ADC lying to the east and south of a line commencing at grid reference NO 3660 3474 then running northward to the northwest corner of Baldragon Wood at grid reference NO 3658 3496; then running eastward along the northern perimeter of the said wood and continuing along the field boundary to grid reference NO 3725 3491; fifthly, those parts of polling districts ADE and ADF lying to the east and south of a line commencing on the southern boundary of polling district ADE on the A90 road at grid reference NO 4166 3458; then running northwards along the said A90 road to its intersection with Emmock Road at grid reference NO 4180 3508 then running southeastwards along the said Emmock Road to its junction with the unnamed road leading to South Powrie and Barns of Wedderburn then eastwards along the said unnamed road as far as the northwestern curtilage of Barns of Wedderburn at grid reference NO 4347 3469; then running southwestwards and southeastwards along the northwestern and southwestern perimeter of the said property to the point where it meets the unnamed road leading to Fintry at grid reference NO 4347 3458; then running southwestwards along the said unnamed road to the road junction at grid reference NO 4345 3452; and sixthly, those parts of polling districts EDN, EDQ, PDA, WED, WEE, WEF and WEG lying within its boundary). Argyll and Bute. | Argyll and Bute District Council; Strathclyde electoral division 7 (Helensburgh) and, in Strathclyde electoral division 8 (Vale of Leven), polling district DB77 and that part of polling district DB78 lying north of a line commencing at grid reference NS 3464 8256; then running northeastwards to the field corner at grid reference NS 3469 8264; then southeastwards to the field junction at grid reference NS 3608 8198; then northeastwards to the field junction at grid reference NS 3658 8242; then northwestwards to the junction of the field boundary and an unnamed burn at grid reference NS 3613 8269; then generally northeastwards along the course of the said burn to where it meets Loch Lomond at grid reference NS 3743 8336; then due northeastwards from that point to the eastern boundary of the said polling district in Loch Lomond. East Ayrshire. | Kilmarnock and Loudoun District Council and Cumnock and Doon Valley District Council. North Ayrshire. | Cunninghame District Council. South Ayrshire. | Kyle and Carrick District Council. The Borders. | Borders Regional Council. Clackmannan. | Clackmannan District Council. Dumbarton and Clydebank. | Clydebank District Council; Strathclyde electoral divisions 6 (Dumbarton) and 8 (Vale of Leven) (except the areas of the said electoral division 8 included in Argyll and Bute). Dumfries and Galloway. | Dumfries and Galloway Regional Council. East Dunbartonshire. | Bearsden and Milngavie District Council; Strathclyde electoral divisions 43 (Kirkintilloch), 44 (Strathkelvin North), 45 (Bishopbriggs) and the South Lenzie/Waterside district ward in Strathclyde electoral division 46 (Chryston). City of Dundee. | City of Dundee District Council (except Tayside electoral division 30 (Monifieth) and those parts of 31 (Sidlaw) which are in Angus or Perthshire and Kinross). City of Edinburgh. | City of Edinburgh District Council. Falkirk. | Falkirk District Council. Fife. | Fife Regional Council. City of Glasgow. | City of Glasgow District Council except Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King’s Park\Toryglen), polling districts RU03, RU04, RU09 and RU18. Highland. | Highland Regional Council. Inverclyde. | Inverclyde District Council. North Lanarkshire. | Cumbernauld and Kilsyth, Motherwell and Monklands District Councils; Strathclyde electoral division 46 (Chryston) (except South Lenzie/Waterside district ward). South Lanarkshire. | Clydesdale, Hamilton and East Kilbride District Councils; Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King’s Park/Toryglen), polling districts RU03, RU04, RU09 and RU18. East Lothian. | East Lothian District Council. Midlothian. | Midlothian District Council. West Lothian. | West Lothian District Council. Moray. | Moray District Council. Orkney Islands. | Orkney Islands Council. Perthshire and Kinross. | Perth and Kinross District Council and, in Tayside electoral division 31 (Sidlaw), polling district PDB and that part of polling district PDA lying to the south of a line commencing at a point adjacent to Starr Inn Farm at grid reference NO 3309 3051 on the A90 road; then running eastward along the said road to the junction at grid reference NO 3462 3079. East Renfrewshire. | Eastwood District Council; Strathclyde electoral division 79 (Barrhead). Renfrewshire. | Renfrew District Council (except Strathclyde electoral division 79 (Barrhead)). Shetland Islands. | Shetland Islands Council. Stirling. | Stirling District Council. Western Isles. | Western Isles Islands Council. Part II Provisions as to boundaries 1 The boundaries of the new local government areas shall be mered by Ordnance Survey. 2 In this Schedule— “electoral division” means an electoral division for regional council elections as at 5th May 1994; “polling district” means a polling district for regional council elections as at 1st December 1993; and “ward” means a ward for district council elections as at 7th May 1992.
Propose a changeSCHEDULE 2 Establishment of New Local Authorities
Section 7(1). First elections of councillors 1 (1) For the purpose of any election of councillors held before the relevant year of election, every local government area shall be divided into such electoral wards as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultation as he considers appropriate. (2) In this paragraph “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area occurring after the making of an order constituting the new electoral wards of that local government area in consequence of a review under Schedule 5 to the 1973 Act. (3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State may consider to be appropriate. 2 (1) Notwithstanding the provisions of section 41(1) (returning officer to be an officer of the council) of the Representation of the People Act 1983 (“the 1983 Act”), at the elections of councillors to be held on 6th April 1995, the returning officer shall be an officer appointed by such regional or district council as the Secretary of State may direct. (2) Section 42(5) (expenses of election) of the 1983 Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, failing such agreement, by such of them, and in such proportions, as may be determined by the Secretary of State. (3) In this paragraph “existing authorities” means the authorities all or part of whose area is included in the area of the new authority whose council is being elected. Qualification for membership 3 For the purposes of section 29 of the 1973 Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate. First meetings of new councils 4 (1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election. (2) The first meeting shall be convened by a person designated for that purpose by the Secretary of State, and shall be held at such place as that person may appoint. (3) The notice of the meeting required by paragraph 2(1) of Schedule 7 to the 1973 Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above. 5 (1) Until the completion of the election of a convener at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the convener of the council, but the person so acting as convener shall not be entitled to vote unless he is a councillor for the new area. (2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting. (3) The standing orders for the regulation of the proceedings and business of an existing authority, designated by the Secretary of State, shall apply at the first meeting of a new council. Suspension of elections 6 No election of councillors of an existing local authority shall be held on or after 16th November 1994, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 37(1) of the 1973 Act before 16th November 1994; and on and after that date any such casual vacancy shall be filled by the authority themselves electing a person to fill that vacancy. Election of convener and depute convener after 1st April 1996 7 (1) The term of office of the convener and any depute convener elected to a council following the ordinary election on 6th April 1995 shall terminate on the day of the first meeting of the council held on or after 1st April 1996. (2) At that meeting the election of a convener shall be the first business. (3) The retiring convener shall be eligible for re-election, but shall in any event preside until a convener has been elected.
Propose a changeSCHEDULE 3 Residuary Bodies
Section 18(10). Incorporation 1 A residuary body shall— (a) be a body corporate; and (b) have a common seal. Status 2 A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants. Membership 3 (1) Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment. (2) A residuary body shall consist of not less than three and not more than seven members appointed by the Secretary of State; and the Secretary of State shall appoint one of those members to be chairman and may appoint another to be deputy chairman of that body. (3) The Secretary of State may by order alter either of the numbers specified in sub-paragraph (2) above. (4) Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such. (5) The Secretary of State may remove a member from office if satisfied that the member— (a) has had his estate sequestrated, has made any arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed or a composition contract for his creditors; (b) is incapacitated by physical or mental illness; (c) has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or (d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member. (6) If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman. (7) An order under this paragraph shall be made by statutory instrument subject to annulment by resolution of either House of Parliament. 4 The Secretary of State shall satisfy himself— (a) before he appoints a person under paragraph 3(2) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the residuary body in question; (b) from time to time, that each person so appointed continues, and has continued, to have no such interest. 5 A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement. Remuneration etc. of members 6 (1) A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may with the consent of the Treasury determine. (2) As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may with the consent of the Treasury determine. (3) Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may with the consent of the Treasury determine. (4) Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and such scheme shall have effect subject to any provision made under this sub-paragraph. Staff 7 A residuary body may appoint, on such terms and conditions as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine such employees as they think fit. 8 (1) A residuary body shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine— (a) pay such pensions, allowances or gratuities to or in respect of those employees; (b) make such payments towards provision of such pensions, allowances or gratuities; or (c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions allowances or gratuities, as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine. (2) The reference in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of a residuary body includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment. Proceedings 9 (1) A member of a residuary body who is directly or indirectly interested in— (a) a contract made or proposed to be made by them; or (b) any other matter whatsoever which falls to be considered by them, shall as soon as is practicable disclose the nature of his interest at a meeting of the body; and the disclosure shall be recorded in the minutes of the meeting. (2) In the case mentioned in— (a) head (a) of sub-paragraph (1) above, the member shall not take part in any deliberation or decision of the body with respect to the contract; (b) head (b) of that sub-paragraph, the member shall not take part in any deliberation or decision of the body with respect to the matter if the body decide that the interest in question might affect prejudicially his consideration of the matter. (3) For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the residuary body be a sufficient disclosure of the person’s interest to the body. (4) For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting. 10 (1) A residuary body shall regulate its own proceedings. (2) The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members, or by any failure to comply with any requirement of paragraph 9 above. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation 12 (1) Anything authorised or required by or under any enactment to be done by a residuary body may be done by any committee formed by them which, or by any of its members or officers who, is authorised (generally or specifically) for the purpose by the body. (2) Nothing in sub-paragraph (1) above shall prevent a residuary body from doing anything that a committee, member or officer has been authorised to do. Acquisition and disposal of land 13 (1) A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions. (2) A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions. Borrowing and lending 14 A residuary body may, subject to any directions by the Secretary of State, borrow and lend money for the purpose of carrying out any of their functions. Provision of services 15 (1) A residuary body may by agreement with any relevant new authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services. (2) In this paragraph “relevant new authority”, in relation to a residuary body, means a new authority exercising functions in the area for which that body is established. Provision of information by councils 16 A local authority shall, on request, supply a residuary body with such information as the body may reasonably require from that authority for the purpose of carrying out their functions. Reports and information 17 (1) A residuary body shall publish an annual report on the discharge of its functions. (2) A residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament. (3) A residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require. Supervision by Commissioner for Local Administration in Scotland 18 A residuary body established under this Act shall be included among the authorities to which Part II of the 1975 Act applies.
Propose a changeSCHEDULE 4
1 The 1972 Act shall be amended in accordance with this Schedule. 2 In section 4 (survey of planning districts)— (a) for subsection (1) substitute— (1) It shall be the duty of the planning authority to keep under review the matters which may be expected to affect the development of their district or the planning of its development. ; (b) for subsection (2) substitute— (2) A planning authority may, if they think fit, institute a fresh survey, examining the matters referred to in subsection (1) above, of the whole or any part of their district, and references in subsection (3) of this section to the district of a planning authority shall be construed as including any part of that district which is the subject of a survey under this subsection. . 3 In section 5 (preparation of structure plans), for subsection (1) substitute— (1) Where, as a result of the making of an order under section 4A of this Act, the area in respect of which a planning authority are obliged (whether acting alone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of subsection (3) below, together with a copy of the report of any survey which they have carried out under section 4(2) of this Act. (1A) The Secretary of State may direct a planning authority to carry out their duty under subsection (1) above within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it. (1B) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State’s powers under section 15 of this Act and section 62B (power of Secretary of State to establish joint boards) of the Local Government (Scotland) Act 1973 each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters. (1C) Where authorities submit alternative proposals under subsection (1B) above, such proposals shall be accompanied by a statement of the reasoning behind the proposals. (1D) The provisions of section 8(2) of this Act shall apply in relation to structure plans submitted to the Secretary of State under this section as they apply in relation to the submission of alterations to structure plans submitted to him under that section. . 4 In section 6 (publicity in connection with preparation of structure plans), after subsection (1) insert— (1A) Where authorities submit alternative proposals in relation to particular matters to the Secretary of State under section 5(1B) of this Act, their duty under subsection (1) above is to secure that adequate publicity is given in each of their districts to all the matters which either or any of them propose to include in the plan. . 5 After section 6 insert— Consultation with other planning authorities. 6A Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a planning authority shall consult every other planning authority who are likely to be affected by the plan or proposals. . 6 In section 7 (approval or rejection of structure plan by Secretary of State), in subsection (1), after “structure plan” insert “ (including any alternative proposals included in the plan by virtue of section 5(1B) of this Act) ”. 7 In section 9 (preparation of local plans), before subsection (3) insert— (1A) Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may make a joint local plan extending to parts of each of their districts. . 8 In section 15 (default powers of the Secretary of State)— (a) in subsection (1)— (i) in paragraph (a) the words “, after holding a local inquiry or other hearing,” shall cease to have effect; and (ii) for the words “carry out the survey” substitute “ carry out a survey in accordance with the provisions of section 4 of this Act ”; and (b) after subsection (2) insert— (2A) Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a planning authority acting jointly with another planning authority or authorities, he may, if he thinks fit, authorise one of those authorities to do that thing on behalf of both or all of them. . 9 In section 17 (meaning of “development plan”), at the end insert— (5) For the avoidance of doubt it is provided that, notwithstanding— (a) any changes made to local government areas by the Local Government etc. (Scotland) Act 1994; and (b) any alterations to structure plan areas made by orders under section 4A of this Act, the structure plans and local plans made prior to the coming into force of the provisions mentioned in paragraphs (a) and (b) above shall remain in force until replaced by new plans made under or by virtue of those provisions. . 10 For subsection (3) of section 102 (compulsory acquisition of land) substitute— (3) Before giving an authorisation under subsection (2) of this section, the Secretary of State shall consult the local authority within whose area the land is situated. . 11 For subsection (9) of section 201 (orders extinguishing right to use vehicles on highway) substitute— (9) The competent authorities for the purposes of this section are local authorities, and a competent authority shall not make an order under subsection (2) or (8) of this section, if they are not the roads authority, without obtaining the consent of that authority. . 12 For subsection (5) of section 202 (provision of amenity for highway reserved to pedestrians) substitute— (5) The competent authorities for the purposes of this section are local authorities, and a competent authority shall not exercise any powers conferred by this section, if they are not the roads authority, without obtaining the consent of that authority. . 13 In section 242(1) (contributions by local authorities and statutory undertakers)— (a) for the words from “any”, where it first occurs, to “may” substitute “ any local authority may ”; and (b) for the words from “of the”, where they thirdly occur, to the end substitute “ of the area of the local authority ”. 14 In section 243 (acquisition of property in certain circumstances), for the words “regional, islands or district council” substitute “ local authority ”. 15 In section 275(1) (interpretation), for the definition of “local authority” substitute— “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; .
Propose a changeSCHEDULE 5 Strathclyde Passenger Transport Authority
Section 40(10). Part I The Authority 1 In this Schedule “council” means a council constituted under section 2 of this Act. 2 The Authority shall consist of such number of members appointed respectively by such of the councils of constituent local authority areas, or by such two or more of the councils acting jointly, from among their own members as may be specified in an order made under section 40 of this Act. 3 The chairman of the Authority shall be such one of their number as the members of the Authority may appoint. 4 A person may be appointed as a member of the Authority under paragraph 2 above only if he is a member of the council or one of the councils by whom he is so appointed; and no person who is for the time being a member, officer or employee of the Strathclyde Passenger Transport Executive or who is for the time being an employee of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or employee of that Executive or such a subsidiary shall forthwith vacate his membership of the Authority. 5 A person who at the date of his appointment as a member of the Authority was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority. 6 If at any time not less than three months after the coming into force of the order under section 40 of this Act providing for the constitution of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under paragraph 2 above, the initial appointment of any member of the Authority falling to be made under that order or, as the case may be, an appointment to fill that vacancy, has not been made, the Secretary of State, after consultation with the council or councils by whom the appointment falls to be made, may make the appointment on their behalf. Part II Matters which may be dealt with by order under section 40 1 The incorporation of the Authority. 2 The appointment in accordance with Part I of this Schedule of members of the Authority. 3 The terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members. 4 The payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority. 5 The proceedings of the Authority. 6 The establishment by the Authority of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority. 7 The delegation of functions by the Authority to a committee , to the chairman or to an officer or member of staff of the Authority. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 The appointment by the Authority of officers and staff and the payment of remuneration and allowances to any officers and staff appointed by the Authority. 10 Provision as to the superannuation of officers and staff of the Authority. 11 The provision of accommodation for the Authority by the Authority or by the Strathclyde Passenger Transport Executive. 12 Provision applying, with or without modifications, to the Authority or to persons who are or have been members or officers of the Authority any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers of local authorities or local authorities of a particular description. 13 The making of reports and the furnishing of information by the Authority to the Secretary of State. 14 Any particular matters to be dealt with in the annual report of the Authority under section 16 of the Transport Act 1968. 15 Provision for the council or councils by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by the said Act of 1968 or by the order. 16 Provision, as respects any period before the Authority appoint or are provided with their own officers, for the discharge of functions of officers of the Authority (including the convening of the first meeting of the Authority) by such officers of such of the councils of constituent areas as may be determined in accordance with the order.
Propose a changeSCHEDULE 6 Entry relating to new Scottish local authority to be inserted in Schedule 1 to the Tweed Fisheries Act 1969
Section 52(3). Local authority | Number of representatives | Part of local authority area represented | Number of representatives for each Part | Number of representatives of associations and clubs 1 | 2 | 3 | 4 | 5 “The Borders Council. | 34 | Former Burgh of Coldstream. | 2 | 1 Former Burgh of Duns. | 2 | 1 Former Burgh of Eyemouth. | 2 | 1 Remainder of the area of the former District of Berwickshire. | 3 | 2 Former Burgh of Jedburgh. | 2 | 1 Former Burgh of Kelso. | 2 | 1 Former Burgh of Hawick. | 2 | 1 Remainder of the area of the former District of Roxburgh. | 3 | 2 Former Burgh of Selkirk. | 2 | 1 Former Burgh of Lauder. | 2 | 1 Former Burgh of Galashiels. | 2 | 1 Former Burgh of Melrose. | 2 | 1 Remainder of the area of the former District of Ettrick and Lauderdale. | 3 | 2 Former Burgh of Peebles. | 2 | 1 Former Burgh of Innerleithen. | 2 | 1 Remainder of the former District of Tweeddale.” | 1
Propose a changeSCHEDULE 7
Incorporation 1 A new water and sewerage authority (in this Schedule referred to as an “authority”) shall— (a) be a body corporate; and (b) have a common seal. Status 2 An authority shall not— (a) be regarded as a servant or agent of the Crown; (b) have any status, immunity or privilege of the Crown; (c) be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and the property of an authority shall not be regarded as property of, or held on behalf of, the Crown. Membership 3 The members of an authority shall be— (a) not fewer than seven, nor more than eleven, persons appointed under this sub-paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the authority; and (b) the person who is for the time being the chief executive of the authority. 4 The Secretary of State shall satisfy himself— (a) before he appoints a person under paragraph 3(a) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the authority in question; (b) from time to time, that each person so appointed continues, and has continued, to have no such interest. 5 A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement. 6 Subject to paragraphs 7 and 8 below, each member of an authority other than their chief executive— (a) shall hold and vacate office in accordance with the terms of the instrument under which he is appointed a member; (b) may, by written notice to the Secretary of State, resign membership; and (c) after ceasing to hold office shall be eligible for reappointment to the authority. 7 The Secretary of State may remove a member, other than the chief executive, of an authority from office if satisfied that the member— (a) has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or a composition contract; (b) is incapacitated by physical or mental illness; (c) has been absent from meetings of the authority in question for a period longer than three consecutive months without the permission of the authority; or (d) is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member. Chairmen and deputy chairmen 8 (1) The Secretary of State shall appoint one of the members of an authority, other than their chief executive, to be their chairman and, after consulting the chairman, may appoint any one of the members to be deputy chairman; and a chairman, or as the case may be deputy chairman, shall hold and vacate the office in question in accordance with the terms of the instrument under which he is appointed to that office. (2) A member of the authority may resign as chairman or deputy chairman by written notice to the Secretary of State; but a chairman or deputy chairman who ceases to be a member of the authority (whether or not on giving notice under paragraph 6(b) above) ceases to be their chairman or deputy chairman. (3) Where a member of an authority becomes, or ceases to be, the chairman or deputy chairman of the authority, the Secretary of State may vary the terms of the instrument under which he is appointed a member so as to alter the date on which office as a member is to be vacated. Remuneration, allowances and pensions 9 (1) An authority shall pay to their chairman, deputy chairman and members, other than the chief executive— (a) such remuneration as the Secretary of State may, . . .determine; and (b) such reasonable allowances as may be so determined in respect of expenses properly incurred in the performance (as chairman, deputy chairman or as the case may be members) of duties. (2) Where a person (other than a chief executive) ceases to be a member of an authority otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which might make it right for the person to receive compensation, the Secretary of State may, . . . direct the authority to pay to the person such amount as the Secretary of State may, . . . determine. 10 The Secretary of State may, . . . determine that in respect of any office held by a person as chairman, deputy chairman or member (other than the chief executive) of an authority, the authority in question shall pay— (a) such pension, allowance or gratuity to, or in respect of, that person on his retirement or death; (b) such contribution or other payment towards provision for such pension, allowance or gratuity, as may be so determined. Staff 11 The Secretary of State shall, after consultation with an authority’s chairman or chairman designate (if there is a person holding, or as the case may be designated to hold, that office) make the first appointment of their chief executive on such terms and conditions as the Secretary of State may, . . .determine; and the authority may, with the approval of the Secretary of State, make subsequent appointments to the office of chief executive on such terms and conditions as they may with the approval of the Secretary of State, . . . determine. 12 (1) Subject to any provision made by virtue of Chapter 2 of Part I of this Act, an authority may appoint on such terms and conditions as they may with the approval of the Secretary of State, . . . determine, such other employees as they consider appropriate. (2) An authority shall, as regards such of their employees as they may with the approval of the Secretary of State,. . . determine, make such arrangements as they consider appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities; and such arrangements may include the establishment and administration, by the authority or otherwise, of one or more pension schemes. (3) The reference in sub-paragraph (2) above to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments. (4) If a person employed by an authority becomes a member of the authority and was by virtue of that employment a participant in a pension scheme administered by the authority for the benefit of their employees, the authority may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 10 above; but if the authority do so determine, then any discretion as to the benefits payable to or in respect of the person which the scheme confers on them shall be exercisable only with the consent of the Secretary of State . . .. Committees 13 The authority may establish committees for or in connection with the discharge of such of their functions, or the exercise of such of their powers, as the authority may determine. Proceedings 14 The quorum of an authority, and the arrangements for their meetings, shall be such as the authority in question may determine. 15 (1) A member of an authority who is directly or indirectly interested in— (a) a contract made or proposed to be made by them; or (b) any other matter whatsoever which falls to be considered by them, shall as soon as is practicable disclose the nature of his interest at a meeting of the authority; and the disclosure shall be recorded in the minutes of the meeting. (2) In the case mentioned in— (a) head (a) of sub-paragraph (1) above, the member shall not take part in any deliberation or decision of the authority with respect to the contract; (b) head (b) of that sub-paragraph, the member shall not take part in any deliberation or decision of the authority with respect to the matter if the authority decide that the interest in question might affect prejudicially his consideration of the matter. (3) For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the authority be a sufficient disclosure of the person’s interest to the authority. (4) For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting. 16 The validity of any proceedings of an authority shall not be affected by any vacancy among the members of the authority, or by any defect in the appointment of a member, or by any failure to comply with any requirement of paragraph 15 above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Delegation of powers 18 (1) Anything authorised or required by or under any enactment to be done by the authority may be done by any of their committees which, or by any of their members or officers who, are authorised (whether generally or specially) for the purpose by them. (2) Nothing in sub-paragraph (1) above shall prevent the authority from doing anything that a committee, member or officer has been authorised to do.
Propose a changeSCHEDULE 8
Propose a changeSCHEDULE 9
Incorporation 1 The Customers Council shall be a body corporate. Status 2 The Customers Council shall not be regarded as a servant or agent of the Crown and shall not have any status, immunity or privilege of the Crown. Membership 3 The members of the Customers Council shall be not fewer than eight, nor more than twelve, persons appointed under this paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the Council but who are not members or employees of any of the new water and sewerage authorities; so however that he shall seek to ensure that the appointees include persons appropriate to represent, both as respects domestic and as respects non-domestic services, the interests of, respectively— (a) customers and potential customers such as are mentioned in section 65(2)(a)(ii) of this Act; and (b) other customers and potential customers. 4 For the purposes of paragraph 3 above, services are domestic if provided to dwellings (“dwelling” having the same meaning as in Part II of the Local Government Finance Act 1992) and are otherwise non-domestic. 5 The Secretary of State shall appoint one of the members of the Customers Council to be its chairman and another of them to be its deputy chairman. 6 A member of the Customers Council shall hold and vacate office in accordance with the terms of the instrument appointing him and shall, on ceasing to hold office, be eligible for re-appointment; but his membership shall terminate forthwith on his becoming a member or employee of any of the new water and sewerage authorities. Members’ remuneration, pensions and allowances 7 (1) The Customers Council shall pay to its chairman, deputy chairman and members— (a) such remuneration as the Secretary of State may, . . . determine; and (b) such reasonable allowances as may be so determined in respect of expenses properly incurred in the performance (as chairman, deputy chairman or as the case may be members) of duties. (2) Where a person ceases to be a member of the Customers Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which might make it right for the person to receive compensation, the Secretary of State may, . . . direct the Council to pay to the person such amount as the Secretary of State may, . . . determine. 8 The Secretary of State may, . . . determine that in respect of any office held by a person as chairman, deputy chairman or member of the Customers Council, the Council shall pay— (a) such pension, allowance or gratuity to, or in respect of, that person on his retirement or death; (b) such contribution or other payment towards provision for such pension, allowance or gratuity, as may be so determined. Staff 9 (1) The Customers Council may appoint on such terms and conditions as it may with the approval of the Secretary of State, . . . determine, such employees as it considers appropriate. (2) The Customers Council shall not appoint a person to act as its principal officer except after consultation with the Secretary of State. (3) The Council shall, as regards such of its employees as it may with the approval of the Secretary of State, . . . determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities; and such arrangements may include the establishment and administration, by the Council or otherwise, of one or more pension schemes. (4) The reference in sub-paragraph (3) above to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments. (5) If a person employed by the Customers Council becomes a member of the Council and was by virtue of that employment a participant in a pension scheme administered by the Council for the benefit of its employees, the Council may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8 above; but if the Council does so determine, then any discretion as to the benefits payable to or in respect of the person which the scheme confers on the Council shall be exercisable only with the consent of the Secretary of State . . .. Committees 10 (1) For or in connection with the discharge of such of its functions, or the exercise of such of its powers, as the Customers Council may determine, it shall establish three committees, the first for the eastern water area and the eastern sewerage area, the second for the western water area and the western sewerage area and the third for the northern water area and the northern sewerage area. (2) Each committee shall consist of— (a) a chairman, appointed by the Customers Council, with the approval of the Secretary of State, from the members of the Council; and (b) not fewer than seven, nor more than eleven, members appointed by the Council from persons who are neither members nor employees of the Council or of a new water and sewerage authority, so however that the Council shall seek to ensure, as respects its appointments under this paragraph, that which the Secretary of State is required to seek to ensure as respects his appointments under paragraph 3 (as read with paragraph 4) of this Schedule. (3) The terms on which a person appointed under sub-paragraph (2)(b) above shall hold office shall be determined by the Customers Council but his membership of the committee in question shall terminate forthwith on his becoming a member or an employee of any of the new water and sewerage authorities or a member or employee of the Council. (4) The Customers Council may pay to a person appointed under sub-paragraph (2)(b) above (in respect of his activities as committee member) travelling and other allowances in accordance with such arrangements as may be determined by the Secretary of State . . .. Public Committee Meetings 11 In every financial year, at least one meeting of each committee established under paragraph 10 above shall be open to all members of the public.
Propose a changeSchedule 9A
Part I The Commissioner Appointment 1 (1) The Commissioner shall be appointed by the Secretary of State on such terms and conditions as he may determine. (2) Those terms and conditions may include arrangements for the payment of pensions, allowances or gratuities to, or in respect of, persons who have ceased to hold office as Commissioner. Staff 2 (1) The Commissioner may, with the consent of the Secretary of State as to numbers, terms and conditions, appoint staff. (2) The Commissioner may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of staff of the Commissioner and may, in particular— (a) make contributions or payments towards provision for such pensions, gratuities or allowances, (b) establish and administer one or more pension schemes. (3) Arrangements under sub-paragraph (2) are subject to the approval of the Secretary of State. Status 3 The Commissioner and his staff are not to be regarded as servants or agents of the Crown and do not have any status, immunity or privilege of the Crown. Accounts 3A (1) The Commissioner shall for each financial year prepare an account of his expenditure and receipts in accordance with directions issued by the Scottish Ministers and shall send the account to the Scottish Ministers by such time as they may direct. (2) The Scottish Ministers shall send the account to the Auditor General for Scotland for auditing. Part II The Consultative Committees Membership 4 (1) Each Consultative Committee shall consist of— (a) the Commissioner, who shall be its chairman, and (b) not fewer than 6 nor more than 9 other members appointed by the Commissioner in accordance with procedures, and on terms and conditions, approved by the Secretary of State. (2) The Commissioner shall, in accordance with those procedures, appoint one of the other members to be its deputy chairman. Allowances 5 The deputy chairman and the ordinary members of a Consultative Committee shall be entitled to travelling and other allowances, to be paid by the Commissioner in accordance with arrangements determined by the Secretary of State, in respect of expenses properly incurred in the performance of their duties. Proceedings 6 The proceedings of a Consultative Committee shall be conducted in accordance with arrangements determined by the Commissioner and approved by the Secretary of State.
Propose a changeSCHEDULE 10
1 (1) This Schedule applies to any sum which has become payable to a collecting authority by virtue of section 79 of this Act and has not been paid. (2) References in sub-paragraph (1) above to a sum which has become payable and has not been paid include references to a sum forming part of a larger sum which has become payable and the other part of which has been paid. 2 (1) Subject to sub-paragraphs (4) and (5) below, any sum to which this Schedule applies may be recovered by the collecting authority by diligence— (a) authorised by a summary warrant granted under sub-paragraph (2) below; or (b) in pursuance of a decree granted in an action of payment. (2) The sheriff, on an application by the authority which is accompanied by a certificate from them containing such particulars as may be prescribed by the Secretary of State by regulations, shall grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by way of any of the diligences mentioned in sub-paragraph (3) below, of the amount of the sum remaining due and unpaid along with a surcharge of 10 per cent. of that amount. (3) The diligences referred to in sub-paragraph (2) above are— (a) a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987; (b) an earnings arrestment; (c) an arrestment and action of furthcoming or sale. (4) It shall be incompetent for the sheriff to grant a summary warrant under sub-paragraph (2) above in respect of any sum to which this Schedule applies if an action has already been raised for the recovery of that sum; and, without prejudice to sub-paragraph (5) below, on the raising of an action for the recovery of any such sum, any existing summary warrant, in so far as it relates to the recovery of that sum, shall cease to have effect. (5) It shall be incompetent to raise an action in Scotland for the recovery of any sum to which this Schedule applies if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) above for the recovery of that sum has been executed. (6) The Secretary of State may by order substitute another percentage for the percentage which is for the time being mentioned in sub-paragraph (2) above. (7) The power to make regulations under sub-paragraph (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and a statutory instrument containing an order made under sub-paragraph (6) above shall be so subject. 3 No misnomer or inaccurate description of any person or place, or mistake or informality, in any notice or other document or communication relating to a demand for, or the recovery of, charges payable to the collecting authority by virtue of section 79 of this Act or in any proceedings for the payment of such charges shall prejudice such recovery. 4 (1) Subject to sub-paragraph (2) below, and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987, the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant under paragraph 2 above shall be chargeable against the debtor. (2) No fees shall be chargeable by the sheriff officer against the debtor for collecting, and accounting to the collecting authority for, the sums paid to him by the debtor in satisfaction of an amount owing to the authority by way of charges payable to them by virtue of section 79 of this Act.
Propose a changeSCHEDULE 11
Allocation of property, rights and liabilities 1 (1) The provisions of this paragraph and of paragraphs 2 and 3(1) below shall have effect where a transfer to which this Schedule applies is a transfer of property, rights and liabilities of a regional or islands council and the question of allocation of the property, rights and liabilities as between the regional council’s successor, or the islands council, and the transferee arises. (2) Any property, right or liability referable partly to the functions of the council which are transferred and partly to the functions which are retained for the regional council’s successor, or the islands council, shall (where the nature of the property, right or liability permits) be divided or apportioned between the successor, or council, and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided, any rent payable by or to any party in respect of that land and any feu-duty, stipend or other outgoing running with the land or right shall be divided or apportioned correspondingly. (3) Any property, right or liability referable as mentioned in sub-paragraph (2) above but the nature of which does not permit its division or apportionment as so mentioned, shall be transferred to the transferee or retained for the regional council’s successor, or the islands council, according to— (a) in the case of an estate or interest in land, whether on the transfer date the successor, or islands council, or the transferee appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether as from that date the successor, or islands council, or the transferee appears likely to make use of the land to the greater extent; (b) in the case of any other property or any right or liability, whether as from the transfer date the successor, or islands council, or the transferee appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent, subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them. 2 (1) It shall be the duty of the council (or as the case may be the council’s successor) and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained for the successor, or islands council, and as will— (a) afford to the successor, or islands council, and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and (b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the council’s property, rights and liabilities as will best serve the proper discharge of the respective functions of the successor, or the islands council, and the transferee. (2) Any such agreement shall provide so far as it is expedient— (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not; (b) for the granting of indemnities in connection with the severance of leases and other matters; and (c) for responsibility for registration of any matter in any statutory register. (3) If the council (or as the case may be the successor) or the transferee represent to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) above that such agreement will be reached, the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1) above; and any property, rights or liabilities required by the direction to be transferred to the transferee shall accordingly be regarded as having been transferred to, and vested in, the transferee by virtue of the scheme (but not until the date of the direction if that is after the transfer date). Variation of transfers by agreement 3 (1) At any time before the end of the period of twelve months beginning with the transfer date, the regional council’s successor, or the islands council, and the transferee may, with the approval of the Secretary of State, agree in writing that— (a) as from such date as may be specified in or determined under the agreement, and (b) in such circumstances (if any) as may be so specified, there shall be transferred from the transferee to, and vested in, the successor, or the islands council, any property, rights and liabilities specified in the agreement. (2) Subject to sub-paragraph (3) below, in the case of an agreement under sub-paragraph (1) above, the property, rights and liabilities in question shall on the date of the coming into force of the agreement be transferred, and by virtue of the agreement vest, in accordance with the agreement. (3) The following provisions of this Schedule shall have effect as if— (a) any reference to a transfer to which this Schedule applies included a reference to a transfer effected in pursuance of an agreement under sub-paragraph (1) above; (b) any reference to a transaction effected in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above included a reference to such an agreement; and (c) any reference to a vesting by virtue of a transfer scheme included a reference to a vesting by virtue of such an agreement. Right to production of documents of title 4 Where, on any transfer to which this Schedule applies, a regional council’s successor or an islands council is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred from the council in question, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “ unless specially qualified ” were omitted. Certificate of vesting 5 (1) In the case of any transfer to which this Schedule applies, a joint certificate by or on behalf of the transferor (or the transferor’s successor) and the transferee that— (a) any property specified in the certificate; (b) any such interest in or right over any such property as may be so specified; or (c) any right or liability so specified, is, by virtue of this Act, vested in such one of them as may be so specified, or was at a date so specified thus vested, shall be conclusive evidence for all purposes of that fact. (2) If on the expiration of one month after a request from either the transferor (or the successor) or the transferee for the preparation of such a joint certificate as respects any property, interest, right or liability they have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as he may direct. Restrictions on dealing with certain land 6 (1) If, as regards a transfer to which this Schedule applies from an islands or regional council, the Secretary of State is satisfied on the representation of the regional council’s successor, or the islands council, or the transferee— (a) that, in consequence of the transfer, different interests in land, whether the same or different land, are held by the successor or islands council and by the transferee; and (b) that the circumstances are such that this paragraph should have effect, the Secretary of State may direct that this paragraph shall apply to such of that land as may be specified in the direction. (2) While the direction mentioned in sub-paragraph (1) above remains in force— (a) neither the successor, or islands council, nor the transferee shall dispose of any interest to which they may respectively be entitled in any of the specified land, except with the consent of the Secretary of State; (b) if, in connection with any proposal to dispose of any interest of either the successor (or council) or the transferee in any of the specified land, it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may— (i) require either the successor (or council) or the transferee to dispose of any interest to which they may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement; (ii) require either the successor (or council) or the transferee to acquire from the other any interest in any of the specified land to which that other is entitled; or (iii) consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose. (3) A person other than the successor (or islands council) or the transferee dealing with, or with a person claiming under, either the successor (or council) or the transferee shall not be concerned— (a) to see or enquire whether this paragraph applies, or has applied, in relation to any land to which the dealing relates; or (b) as to whether the provisions of this paragraph have been complied with in connection with that, or any other, dealing with that land; and no transaction between persons other than the successor (or council) and the transferee shall be invalid by reason only of a failure to comply with those provisions. Construction of agreements, statutory provisions and documents 7 (1) This paragraph applies where, in the case of any transfer to which this Schedule applies, any rights or liabilities transferred are rights or liabilities under an agreement, whether in writing or not, to which the transferor was a party immediately before the transfer date and whether or not the agreement was of such a nature that rights and liabilities under it could be assigned by the transferor. (2) So far as relating to property, rights or liabilities transferred to the transferee, the agreement shall have effect on and after the transfer date as if— (a) the transferee had been the party to it; (b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee; (c) any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the functions of, the transferor and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such a person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the functions of, the transferee who corresponds as nearly as may be to the first-mentioned person; (d) any reference in general terms (however worded) to persons employed by, persons engaged in the functions of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the functions of, or agents of, the transferee. 8 (1) Except as otherwise provided in any provision of this Part of this Act (whether expressly or by necessary implication), paragraph 7 above shall, so far as applicable, apply in relation to— (a) any statutory provision, (b) any provision of an agreement to which the transferor was not a party, and (c) any provision of a document other than an agreement, if and in so far as the provision in question relates to any of the transferred property, rights and liabilities, as it applies in relation to an agreement to which the transferor was a party. (2) In relation to any such statutory or other provision as is mentioned in sub-paragraph (1) above, references in sub-paragraph (2)(b), (c) and (d) of paragraph 7 above to the transferor and to any persons employed by, persons engaged in the functions of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, though not specifically referred to. 9 (1) The transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of the scheme as they would have had if that right or liability had at all times been a right or liability of the transferee. (2) Any legal proceedings, or applications to any authority, pending on the transfer date by or against the transferor, in so far as they relate— (a) to any property, right or liability vested in the transferee by virtue of the scheme, or (b) to any agreement or enactment relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor or the transferor’s successor. (3) This paragraph is without prejudice to the generality of the provisions of paragraphs 7 and 8 above. 10 The provisions of paragraphs 7 to 9 above shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires. Third parties affected by vesting provisions 11 (1) Without prejudice to the provisions of paragraphs 7 to 10 above, any transaction effected between the council (or the council’s successor) and the transferee in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person. (2) It shall be the duty of the council (or successor) and the transferee, if they effect any transaction in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the regional council’s successor, or the islands council, and as to part by or against the transferee; and if, within twenty-eight days of being notified, such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to the successor, or the islands council, and the transferee as appear to him appropriate for varying the transaction. (3) As respects a transfer to which this Schedule applies which is a transfer of property, rights and liabilities of a regional or islands council, if in consequence of the transfer or of anything done in pursuance of the provisions of this Schedule— (a) the rights or liabilities of any person other than the regional council’s successor, or the islands council, and the transferee which are enforceable against or by the successor, or council, become enforceable as to part against or by the successor, or council, and as to part against or by the transferee, and (b) the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the successor (or council), the transferee or both. (4) Subject to sub-paragraph (5) below, if it appears to the regional or islands council that a person is, or may be, entitled to compensation under sub-paragraph (3) above— (a) they shall by written notice inform the person that he is, or may be, so entitled and shall invite him to make such representations as he wishes to them within fourteen days after the date of issue of the notice; or (b) where they do not know (either or both)— (i) the name of the person concerned; (ii) his address, they shall publish, in such manner as they consider appropriate, a notice containing information about the interest affected and inviting any person who thinks that he is, or may be, entitled to compensation in respect of the interest to make such representations as he wishes to them by a date which they shall specify in the notice, being a date not less than twenty-eight days after the date of publication. (5) Where the last of the fourteen days after the date of issue of a notice under head (a) of sub-paragraph (4) above falls on or after the transfer date, or the date specified in a notice published under head (b) of that sub-paragraph so falls, the notice shall direct that the representations be made to the transferor or, on or after that date, to the transferor’s successor. (6) Any dispute as to whether any, and (if so) how much, compensation is payable under sub-paragraph (3) above, or as to the person to or by whom it shall be paid, shall be referred to and determined by an arbiter appointed by the Lord President of the Court of Session. (7) If, in the case of any transfer to which this Schedule applies, it appears to the court, at any stage in any court proceedings to which the transferor (or successor) or the transferee and a person other than the transferor (or successor) or the transferee are parties, that the issues in the proceedings— (a) depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor (or successor) and the transferee have not yet effected, or (b) raise a question of construction of the relevant provisions of this Act which would not arise if the transferor (or successor) and the transferee constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings other than the transferor (or the successor) or the transferee, hear and determine the proceedings on the footing that such one of the transferor (or successor) and the transferee as is party to the proceedings represents and is answerable for the other of them, and that the transferor (or successor) and the transferee constitute a single person; and any judgment or order given by the court shall bind both the transferor (or successor) and the transferee accordingly. (8) In the case of any transfer to which this Schedule applies, it shall be the duty of the transferor (or successor) and the transferee to keep one another informed of any case where either of them may be prejudiced by virtue of sub-paragraph (7) above; and if it is claimed by either the transferor (or successor) or the transferee there has been such prejudice and that the other of them ought to indemnify or make a repayment on that account but that there has been unreasonable failure to meet that claim, whichever of them so claims may refer the matter to the Secretary of State for determination by him. Interpretation 12 In this Schedule— “islands council” shall, as the context may require, be construed either as a reference to the islands council of Orkney, Shetland or the Western Isles as the council in question exist or existed before 1st April 1996 or as a reference to Orkney Islands Council, Shetland Islands Council or Western Isles Council; “statutory provision” means a provision, whether of a general or of a special nature, contained in, or in any document made or issued under, any Act and irrespective of whether the Act itself is of a general or of a special nature; and “successor” shall be construed in accordance with section 92(9) of this Act.
Propose a change