Law

Local Government etc. (Scotland) Act 1994

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

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.

sha256 0e6655821f1aa44a1b5c07009f64e07abab9671f3c9b880dba62ab0d0106c365

Contents: 202 provisions
  1. Title and introductory text
  2. 1 Local government areas in Scotland.
  3. 2 Constitution of councils.
  4. 3 Orkney, Shetland and Western Isles.
  5. 4 Convener and depute convener.
  6. 5 Elections and term of office of councillors.
  7. 6 Date of elections.
  8. 7 Establishment of new local authorities and supplementary provisions.
  9. 8 Transfer of employees.
  10. 9 Effect of section 8 on contracts of employment.
  11. 10 Continuity of employment.
  12. 11 Remuneration of employees of local authorities.
  13. 12 Staff commission.
  14. 13 Compensation for loss of office or diminution of emoluments.
  15. 14 Employment by new authorities.
  16. 15 Transfer of property.
  17. 16 Property held on trust.
  18. 17 Educational endowments.
  19. 18 Residuary bodies.
  20. 19 Property commission.
  21. 20 Joint committees and joint boards.
  22. 21 Application of section 211 of the 1973 Act to joint boards.
  23. 22 Community councils.
  24. 23 Duty to prepare decentralisation schemes.
  25. 24 Transitional provisions: finance.
  26. 25 Financing of new authorities prior to 1st April 1996.
  27. 26 Valuation lists.
  28. 27 Valuation areas and authorities and appointment of assessors etc.
  29. 28 Valuation rolls.
  30. 29 Valuation appeal panels and committees.
  31. 30 Rating authorities.
  32. 31 Education.
  33. 32 Co-operation between education authorities.
  34. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  35. 34 Reorganisation of police areas.
  36. 35 Amalgamation schemes.
  37. 36 Fire services.
  38. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  39. 38 Roads.
  40. 39 Roads authority for boundary bridges.
  41. 40 Establishment etc. of Strathclyde Passenger Transport Authority.
  42. 41 Amendment of section 13 of Transport Act 1968.
  43. 42 Power to secure management of traffic control system.
  44. 43 Guidance as to exercise of traffic powers.
  45. 44 Restriction on order-making powers of existing authorities.
  46. 45 Chief social work officer.
  47. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  48. 47 Proceedings in district courts: transitional provisions.
  49. 48 Amendment of District Courts (Scotland) Act 1975.
  50. 49 Justices of the peace.
  51. 50 Stipendiary magistrates.
  52. 51 Registration of births, deaths and marriages.
  53. 52 Tweed Fisheries Commissioners.
  54. 53 Records held by local authorities.
  55. 54 Use, acquisition and disposal of records.
  56. 55 Restriction on disposal of assets and entering into contracts by existing authorities.
  57. 56 Duty of existing authorities and assessors to provide information to new authorities.
  58. 57 Power and duty of existing local authorities to assist new authorities.
  59. 58 Further provision as to discharge of functions by authorities.
  60. 59 Local Acts and instruments.
  61. 60 Applications to sheriff in cases of difficulty.
  62. 61 Interpretation of Part I.
  63. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  64. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  65. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 65 General duties of Secretary of State and of new authorities.
  67. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 67 Scottish Water and Sewerage Customers Council.
  69. 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  78. 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  79. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  81. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  83. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  84. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  85. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  86. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  89. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  91. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  92. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  93. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  94. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  95. 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  96. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  97. 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  98. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  99. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  100. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  101. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  103. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  104. 101 Authorisation of construction of certain private sewers etc.
  105. 102 Emptying of septic tanks.
  106. 103 Register as respects trade effluents.
  107. 104 Disapplication of restrictions on disclosure of information.
  108. 105 Restriction on references to Secretary of State of questions regarding water supply.
  109. 106 Removal of restriction on supply of water to premises outwith water authority’s limits of supply.
  110. 107 Supply of water for use outwith Scotland.
  111. 108 Further provision as regards removal of restrictions on supply of water outwith limits of supply.
  112. 109 Right of objection to proposed laying of mains.
  113. 110 Vesting of certain supply pipes.
  114. 111 Duty of water authority to keep map showing water mains etc.
  115. 112 Simplification of provisions as respects opting for water supply by meter.
  116. 113 Actings of Secretary of State on default of water authority.
  117. 114 Publication and provision of information as respects quality of private supplies of water.
  118. 115 Regulations as to certain procedures.
  119. 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  120. 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  121. 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  122. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  123. 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  124. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  125. 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  126. 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  127. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  130. 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  131. 127 The Principal Reporter.
  132. 128 The Scottish Children’s Reporter Administration.
  133. 129 Appeal against dismissal of Principal Reporter and other officers.
  134. 130 Annual report of Principal Reporter.
  135. 131 Delegation of Principal Reporter’s functions.
  136. 132 Duty of Administration to provide accommodation etc. for children’s hearings.
  137. 133 Ancillary powers of Administration.
  138. 134 Directions by the Secretary of State.
  139. 135 Government grants to the Administration.
  140. 136 Reports, accounts etc. of the Administration.
  141. 137 Staff: application of Chapter 2 of Part I.
  142. 138 Property etc.: application of Chapter 3 of Part I.
  143. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  144. 140 Power of local authorities to provide assistance to voluntary organisations.
  145. 141 Byelaws under section 121 of Civic Government (Scotland) Act 1982.
  146. 142 Organisation of polling districts.
  147. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  148. 144 Denominational schools: proposals under section 22D of Education (Scotland) Act 1980.
  149. 145 Provision of school transport and other facilities.
  150. 146 Definition of “road”.
  151. 147 Provisions consequential on making of special road order.
  152. 148 Toll orders.
  153. 149 Road works register.
  154. 150 Traffic signs.
  155. 151 Exclusion from valuation roll of fishings and fish counters
  156. 152 Amendment of definition of “lands and heritages”.
  157. 153 Power of Secretary of State to prescribe amount of non-domestic rate.
  158. 154 Rating of unoccupied lands and heritages.
  159. 155 Rating of lands and heritages partly unoccupied for a short time.
  160. 156 Remission of rates on account of hardship.
  161. 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  162. 158 Grants in respect of certain rate rebates.
  163. 159 Rating of enterprise zone.
  164. 160 Further provision as to valuation by formula.
  165. 161 Power of Secretary of State to combine and divide lands and heritages.
  166. 162 Abolition of Scottish Valuation Advisory Council.
  167. 163 Guarantees by Strathclyde Passenger Transport Authority.
  168. 164 Calculation of limits on spending.
  169. 165 Powers of authorities to borrow and lend money.
  170. 166 Grants in relation to ethnic minorities.
  171. 167 Special grants.
  172. 168 Direct Labour Organisation/ Direct Services Organisation Accounts.
  173. 169 Statements of support services costs.
  174. 170 Effective use of resources.
  175. 171 Functions to include promotion of economic development.
  176. 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  177. 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  178. 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  179. 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  180. 176 Powers to carry on tourism-related activities.
  181. 177 Parliamentary disqualification.
  182. 178 Financial provisions.
  183. 179 Savings.
  184. 180 Minor and consequential amendments and repeals
  185. 181 Consequential and supplementary provisions
  186. 182 Further transitional provisions.
  187. 183 Interpretation and amendment of statutory references
  188. 184 Short title, commencement and extent
  189. SCHEDULE 1 New Local Government Areas
  190. SCHEDULE 2 Establishment of New Local Authorities
  191. SCHEDULE 3 Residuary Bodies
  192. SCHEDULE 4
  193. SCHEDULE 5 Strathclyde Passenger Transport Authority
  194. SCHEDULE 6 Entry relating to new Scottish local authority to be inserted in Schedule 1 to the Tweed Fisheries Act 1969
  195. SCHEDULE 7
  196. SCHEDULE 8
  197. SCHEDULE 9
  198. Schedule 9A
  199. SCHEDULE 10
  200. SCHEDULE 11
  201. SCHEDULE 13 Minor and Consequential Amendments
  202. SCHEDULE 14 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

202 provisions

118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

127 The Principal Reporter.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

128 The Scottish Children’s Reporter Administration.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

129 Appeal against dismissal of Principal Reporter and other officers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

130 Annual report of Principal Reporter.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

131 Delegation of Principal Reporter’s functions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

132 Duty of Administration to provide accommodation etc. for children’s hearings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

133 Ancillary powers of Administration.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

134 Directions by the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

135 Government grants to the Administration.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

136 Reports, accounts etc. of the Administration.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

137 Staff: application of Chapter 2 of Part I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

138 Property etc.: application of Chapter 3 of Part I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

140 Power of local authorities to provide assistance to voluntary organisations.

In section 88 of the 1973 Act (provision of information etc. on matters relating to functions of local authority), after subsection (2) there shall be inserted— (3) A local authority may assist voluntary organisations to provide for individuals— (a) information and advice concerning those individuals’ rights and obligations; and (b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations. .

Propose a change

141 Byelaws under section 121 of Civic Government (Scotland) Act 1982.

In section 121 of the Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)— (a) in subsection (5), for paragraph (b) there shall be substituted— (b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a); ; (b) in subsection (6) the words from “and of” to “that proposal” shall cease to have effect; and (c) in subsection (7)— (i) the words from “but the” to “his consent”; and (ii) the word “nevertheless”, shall cease to have effect.

Propose a change

142 Organisation of polling districts.

(1) Section 18 of the Representation of the People Act 1983 (polling districts and places at parliamentary elections) shall be amended in accordance with this section. (2) In subsection (3)— (a) for the words from “returning officer’s” to “places”, where it first occurs, there shall be substituted the words “ duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts ”; (b) in paragraph (a)— (i) for the words “returning officer” there shall be substituted the words “ local authority ”; (ii) for the words “the constituency” there shall be substituted the words “ so much of the constituency as falls within their area ”; and (iii) for the word “he” there shall be substituted the words “ the local authority ”; and (c) in paragraph (b), for the words from the beginning to “constituency”, where it last occurs, there shall be substituted the words “ each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area ”. (3) In subsection (5)— (a) the words “any interested authority or” and “(or in Scotland, the returning officer)” shall cease to have effect; (b) the words “or returning officer”, in both places where they occur, shall cease to have effect; and (c) in the definition of “interested authority”, sub-paragraph (iii) shall cease to have effect. (4) In subsection (6), the words “or returning officer” shall cease to have effect.

Propose a change

143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

144 Denominational schools: proposals under section 22D of Education (Scotland) Act 1980.

In section 22D of the Education (Scotland) Act 1980 (further provisions relating to denominational schools)— (a) in subsection (2)(a), for the word “the” there shall be substituted “ an ”; (b) in subsection (2)(c)— (i) for the words “the education authority”, where they first occur, there shall be substituted “ any education authority affected by it ”; (ii) in sub-paragraph (i), for the words “the result” there shall be substituted “ any of the results ”; and (iii) in sub-paragraph (ii), after the word “authority”, there shall be inserted “ submitting the proposal under subsection (1) above ”; and (c) for subsections (3) and (4) there shall be substituted the following subsection— (3) The results referred to in subsection (2)(c)(i) above are— (a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or (b) a significant deterioration for pupils belonging to the area of any other education authority; or (c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration, in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools. .

Propose a change

145 Provision of school transport and other facilities.

(1) The Education (Scotland) Act 1980 shall be amended in accordance with this section. (2) In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)— (a) in paragraph (a)— (i) after the word “with”, where it first occurs, there shall be inserted — (i) ; and (ii) after the word “Act” there shall be inserted — (ii) any arrangements made by them under section 23(1A) of this Act; or (iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act ; and (b) in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”. (3) In section 51 (provision of transport and other facilities)— (a) in subsection (2A)— (i) in paragraph (a)— (A) after the word “with” there shall be inserted — (i) ; and (B) after the word “Act” there shall be inserted— (ii) any arrangements made by them under section 23(1A) of this Act; or (iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act ; and (ii) in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”; and (b) after subsection (2AC) there shall be inserted the following subsection— (2AD) Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority— (a) in accordance with any arrangements made by them under section 23(1A) of this Act; (b) in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or (c) if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas. .

Propose a change

146 Definition of “road”.

In section 151 of the Roads (Scotland) Act 1984 (interpretation), after subsection (1) there shall be inserted the following subsection— (1A) A way to which the public has access (by whatever means and whether subject to a toll or not) which passes over a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, a private Act shall, for the purposes of the definition of “road” in subsection (1) above, be treated as if there were a public right of passage over it. .

Propose a change

147 Provisions consequential on making of special road order.

After section 113 of the Roads (Scotland) Act 1984 there shall be inserted the following section— Dissolution of certain bodies in consequence of order under section 9. 113A (1) Where— (a) an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and (b) the functions of that body relate solely to that road, the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body. (2) A dissolution order may transfer or provide for the transfer to— (a) the special road authority referred to in subsection (1)(a) above; or (b) such other person as the Secretary of State considers appropriate, of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate. (3) A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body. (4) Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body. (5) A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order. (6) In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above. (7) A dissolution order may repeal or amend— (a) any enactment in a private Act; and (b) any provision of an order made under or confirmed by a private Act, which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended. .

Propose a change

148 Toll orders.

(1) In paragraph 14D(1) of Schedule 1 to the Roads (Scotland) Act 1984 (procedure for making and confirming toll orders), at the end of paragraph (a) (and before the word “and” immediately following it) there shall be inserted the following paragraph— (aa) that existing road is free of toll, . (2) In section 27 of the New Roads and Street Works Act 1991 (toll orders), after subsection (9) there shall be inserted the following subsection— (9A) On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect. .

Propose a change

149 Road works register.

In section 112 of the New Roads and Street Works Act 1991 (road works register)— (a) in subsection (4), for the words from “of road” to “section” there shall be substituted the words “ under this section of such road works authorities as he may specify ”; (b) after subsection (4) there shall be inserted the following subsection— (4A) Before making any arrangements under subsection (4) the Secretary of State shall consult— (a) any road works authority having duties under this section which he intends not to specify for the purposes of the arrangements; and (b) any undertaker (other than a person having permission under section 109 to execute road works) having apparatus in a road for which such road works authority is responsible. ; and (c) in subsection (5), after the word— (i) “require” there shall be inserted the word “ the ”; and (ii) “authorities” there shall be inserted the words “ so specified ”.

Propose a change

150 Traffic signs.

(1) Notwithstanding the provisions of section 67 of the Road Traffic Regulation Act 1984 (persons empowered to place traffic signs on road in emergency etc.), the Secretary of State may, with the consent of the chief constable of the Police Service of Scotland as respects a road or any structure on a road, place on that road, or on any structure on that road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of the said Act of 1984), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer. (2) Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic signs) shall apply to signs placed in the exercise of the power conferred by subsection (1) above. (3) In this section— “road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984; and “traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984.

Propose a change

151 Exclusion from valuation roll of fishings and fish counters

(1) On and after 1st April 1995 no ... fishings or fish counters shall be entered in the valuation roll. (2) Nothing in subsection (1) above shall affect any right of a district salmon fishery board (within the meaning of section 40(1) of the Salmon Act 1986) to require the assessor to value and enter any rights of salmon fishing in the valuation roll for the purposes of fishery assessments only. (3) For the purposes of this section— “fish counter” means any weir or other structure in inland waters primarily used for the purpose of counting fish; and “inland waters” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

Propose a change

152 Amendment of definition of “lands and heritages”.

(1) The Lands Valuation (Scotland) Act 1854 shall be amended as follows. (2) In section 42 (interpretation), in the definition of “lands and heritages”, for the words from “all machinery fixed” to the end of the first proviso substitute the words “ such class or classes of plant or machinery in or on any lands and heritages as may be prescribed by the Secretary of State by regulations ”. (3) After section 42 add— Regulations. 43 (1) Regulations under section 42 of this Act may, if made so as to take effect other than at the beginning of a year of revaluation (within the meaning of the Local Government (Scotland) Act 1975), provide for the revaluation of any lands and heritages affected by the regulations. (2) The power to make regulations under the said section 42 shall be exercisable by statutory instrument. (3) Any statutory instrument containing regulations made under the said section 42 shall be subject to annulment in pursuance of a resolution of either House of Parliament. .

Propose a change

153 Power of Secretary of State to prescribe amount of non-domestic rate.

(1) For any financial year, the Secretary of State may by regulations prescribe that the amount payable as non-domestic rate in respect of any lands and heritages shall be such amount as may be determined in accordance with prescribed rules. (2) Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit and such factors may, without prejudice to that generality, include the circumstances of persons by whom rates are payable. (3) Regulations under this section may make different provision in relation to different areas and different classes of lands and heritages and, without prejudice to that generality, may make different provision in relation to lands and heritages (a) whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure; (b) whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1); (c) which— (i) contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute, (ii) contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1). (3A) Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) or (c)(ii) in rules under subsection (1). (4) Where regulations under this section apply in relation to any lands and heritages or class of lands and heritages, the non-domestic rate for the financial year to which the regulations relate shall be levied in respect of such lands and heritages, or class of lands and heritages, in accordance with the regulations. (4A) The Scottish Ministers may, during the financial year 2020-21, make regulations under subsection (1) prescribing rules, in accordance with which the amount payable as non-domestic rate may be reduced or remitted, which are to apply— (a) for the whole of that year, including the period prior to the regulations being made, or (b) for such period falling within that year as is specified in the regulations, including a period beginning prior to the regulations being made. (5) The power to make regulations under this section shall be exercisable by statutory instrument. (6) Any instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In subsection (3)(c), “net-zero emissions target” has the meaning given by section A1(1) of the Climate Change (Scotland) Act 2009.

Propose a change

154 Rating of unoccupied lands and heritages.

For section 24 of the Local Government (Scotland) Act 1966 (liability to be rated in respect of certain unoccupied property) substitute— Unoccupied lands and heritages. 24 (1) Subject to subsection (2) below, no rates shall be payable in respect of lands and heritages which are unoccupied. (2) The Secretary of State may by regulations prescribe a class or classes of lands and heritages such as are mentioned in subsection (1) above for which the rates payable shall be the rates mentioned in subsection (3) below. (3) A person entitled to possession of lands and heritages which fall within a class prescribed by regulations under this section shall be liable to pay a rate equal to one half of the amount of the non-domestic rate which would have been payable if such lands and heritages had been occupied; and the enactments relating to rating shall apply with any necessary modifications as if the lands and heritages were occupied by that person. (4) Where any lands and heritages fall within a class prescribed by regulations under subsection (2) above, such lands and heritages shall be treated for the purposes of section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 as if they are being used for the purpose for which they were used when they were last occupied. (5) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. .

Propose a change

155 Rating of lands and heritages partly unoccupied for a short time.

After section 24 of the Local Government (Scotland) Act 1966 insert— Lands and heritages partly unoccupied for a short time. 24A (1) If it appears to the rating authority that part of any lands and heritages included in the valuation roll is unoccupied but will remain so for a short time only, the authority may request the assessor to apportion the rateable value between the occupied and unoccupied parts and on being thus requested the assessor shall apportion the rateable value accordingly. (2) As from whichever is the later of the following— (a) the date on which lands and heritages the rateable value of which has been apportioned under subsection (1) above became partly occupied; (b) the commencement of the financial year in which the request under that subsection relating to those lands and heritages was made, until whichever of the events specified in subsection (3) below first occurs, the value apportioned to the occupied part of the lands and heritages shall, subject to subsection (4) below, be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll. (3) The events mentioned in subsection (2) above are— (a) the reoccupation of any of the unoccupied part; (b) the end of the financial year in which the request was made; (c) a further apportionment of the value of the lands and heritages taking effect under subsection (1) above; (d) the lands and heritages to which the apportionment relates becoming completely unoccupied. (4) Where any lands and heritages fall within such class or classes of lands and heritages as may be prescribed by the Secretary of State by regulations, the value to be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll shall be the sum of— (a) the value apportioned to the occupied part of the lands and heritages; and (b) one half of the value apportioned to the unoccupied part of the lands and heritages. (5) Notwithstanding paragraph (b) of subsection (3) above, if it appears to the rating authority that the part of the lands and heritages which was unoccupied at the date of an apportionment of the rateable value thereof under subsection (1) above has continued after the end of the financial year referred to in that paragraph to be unoccupied but will remain so for a short time only, the authority may direct that the apportionment shall continue to have effect for the next financial year; and subsections (2), (3)(a), (c) and (d) and (4) above shall have effect in relation to that year accordingly. (6) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “financial year” has the meaning assigned to it by section 96(5) of the Local Government (Scotland) Act 1973. Certain lands and heritages to be treated as unoccupied. 24B (1) For the purposes of section 24 of this Act, lands and heritages shall be treated as unoccupied if, apart from this section, they would fall to be treated as occupied by reason only of there being kept on the lands and heritages plant, machinery or equipment— (a) which was last used on the lands and heritages when they were last in use; or (b) which is intended for use on the lands and heritages. (2) Subsection (1) above applies to the unoccupied part of lands and heritages for the purposes of section 24A of this Act as it applies to unoccupied lands and heritages for the purposes of the said section 24. .

Propose a change

156 Remission of rates on account of hardship.

After section 25 of the Local Government (Scotland) Act 1966 insert— Exemption from payment of rates Remission of rates on account of hardship. 25A Every rating authority may, on the application of any person liable to pay any rate levied by the authority, remit payment (in whole or in part) of the rate if the authority are satisfied that— (a) the person would sustain hardship if the authority did not do so; and (b) it is reasonable for the authority to do so, having regard to the interests of persons liable to pay council tax set by them. .

Propose a change

← Find another law