Law
Local Government (Scotland) Act 1973
United Kingdom · statute
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In force since 2025-08-01, 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: 312 provisions
- Title and introductory text
- 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 6–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 12 Boundaries Scotland
- 13 Proposals for changes in local government areas.
- 14 Duty and power to review local government areas.
- 15 Powers of Secretary of State in relation to reviews.
- 16 Wards and councillors: substantive changes in electoral arrangements
- 17 Boundaries Scotland's reports and implementation
- 17A Further reviews and reports by Boundaries Scotland
- 18 Procedure for reviews.
- 19 Local inquiries.
- 20 First review of electoral arrangements.
- 21 Delegation of Boundaries Scotland's functions
- 22 Restriction on promotion of private legislation for changing local government areas, etc.
- 23 Change of name of local government area.
- 24 Consequential and transitional arrangements relating to Part II.
- 25 Transitional agreements as to property and finance.
- 26 Variation and revocation of regulations under Part 2
- 27 Consultation with Boundaries Scotland on schemes for community councils
- 28 Supplementary.
- 29 Qualifications for nomination, election and holding office as member of local authority.
- 30 Re-election.
- 31 Disqualifications for nomination, election and holding office as member of local authority.
- 31A Disqualification of officers, employees etc. from remaining members of local authority
- 32 Proceedings for disqualification.
- 33 Validity of acts done by unqualified persons.
- 33A Declaration of acceptance of office of councillor.
- 34 Resignation.
- 35 Vacation of office by failure to attend meetings.
- 36 Casual vacancies.
- 37 Filling of casual vacancies.
- 37A Power of returning officer to postpone election for casual vacancy
- 37B Further power of returning officer to postpone election for casual vacancy where large number of unfilled vacancies
- 37C Power of returning officer to cancel election for casual vacancy
- 38 Disability of members of authorities for voting on account of interest in contracts, etc.
- 39 Pecuniary interests for purposes of section 38.
- 40 General notices and recording of disclosures for purposes of section 38.
- 41 Removal or exclusion of disability, etc.
- 42 Interpretation of sections 39 and 41.
- 43 Meetings and proceedings of local authorities.
- 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 46 Travelling allowance and subsistence allowance.
- 47 Allowances for attending conferences and meetings.
- 48 Payment of expenses of official and courtesy visits, etc.
- 49 Provisions supplementary to sections 45 to 48.
- 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 Regulations as to allowances.
- 50A Admission to meetings of local authorities.
- 50B Access to agenda and connected reports.
- 50C Inspection of minutes and other documents after meetings.
- 50D Inspection of background papers.
- 50E Application to committees and sub-committees.
- 50F Additional rights of access to documents for members of local authorities.
- 50G Local authorities to publish additional information.
- 50H Supplemental provisions and offences.
- 50J Exempt information.
- 50K Interpretation and application of Part IIIA.
- 51 Establishment and general purpose of community councils.
- 52 Schemes.
- 53 Amendment of schemes.
- 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 55 Assistance to community councils.
- 56 Arrangements for discharge of functions by local authorities.
- 57 Appointment of committees.
- 58 Expenses of joint committees.
- 59 Disqualification for membership of committees and joint committees.
- 60 Disability for voting on account of interests in contracts, etc.
- 61 Membership of bodies to cease on ceasing to be member of authority.
- 62 Standing orders, etc.
- 62A Incorporation of joint committees.
- 62B Power of Secretary of State to establish joint boards.
- 62C Further provisions relating to joint boards.
- 63 Application of foregoing provisions of Part V to police authorities and joint police committees.
- 63A Sections 62A to 62C not to apply to fire authority.
- 64 Appointment etc. of staff.
- 65 Placing of staff of local authorities at disposal of other local authorities.
- 66 Security to be taken in relation to officers.
- 67 Members of local authorities not to be appointed as officers etc.
- 68 Disclosure by officers of interest in contracts.
- 69 Subsidiary powers of local authorities.
- 70 Acquisition of land by agreement.
- 71 Acquisition of land compulsorily.
- 72 Title to land.
- 73 Appropriation of land.
- 74 Disposal of land.
- 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 75 Disposal, etc., of land forming part of the common good.
- 76 Special provisions as to land acquired for public recreation from heir of entail.
- 77 Payment of purchase or compensation money by one local authority to another.
- 78 Power to erect buildings, etc.
- 79 Provision of offices, etc.
- 80 Interpretation of “functions”.
- 81 Contracts of local authorities.
- 82 Power of local authority to promote or oppose private legislation.
- 83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised.
- 84 Powers of local authorities with respect to emergencies or disasters.
- 85 Acceptance of gifts of property.
- 86 Insurance by local authorities against accidents to members.
- 87 Research and the collection of information.
- 88 Provision of information, etc., relating to matters affecting local government.
- 89 Subscriptions to local government associations.
- 90 Powers of local authority to carry on tourism-related activities.
- 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 92 Transfer of securities on alteration of area, etc.
- 93 General fund.
- 94 Capital expenses.
- 95 Financial administration.
- 96 Accounts and audit.
- 97 Establishment of Commission for Local Authority Accounts in Scotland.
- 97A Studies for improving economy etc. in services.
- 97B Furnishing of information and documents to Commission.
- 98 Expenses and accounts of Commission.
- 99 General duties of auditors.
- 100 Auditor’s right of access to documents.
- 101 Right of interested person to inspect and object to accounts: completion of audit.
- 101A Reference of social security matters to Secretary of State.
- 102 Reports to Commission by Controller of Audit.
- 103 Action by Commission on reports by Controller of Audit.
- 103A Publication of special reports
- 103B Action by Commission on receipt of special reports
- 103C Hearings on special reports
- 103D Findings of hearings
- 103E Action by local authorities on receipt of findings under section 103D
- 103F Action on finding of failure, negligence or misconduct
- 103G Interim reports on investigations and action thereon
- 103H Protection from actions of defamation
- 103J Appeals from Commission
- 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 105 Regulations as to accounts.
- 105A Studies of benefit administration at request of Secretary of State.
- 106 Application of ss. 93 to 105 to bodies other than local authorities and to officers.
- 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 108–108C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 111 Secretary of State may make regulations with respect to rates.
- 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 116
- 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 118 Local financial returns.
- 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 120 Rate support grant.
- 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 122 Miscellaneous amendments of enactments relating to finance.
- 122A Duty of local authority to use resources efficiently.
- 123 Education authorities.
- 124 Membership of committees appointed by education authorities.
- 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 126 Disqualification for membership of committees appointed by education authorities.
- 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 128 Educational endowments.
- 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 130 Housing.
- 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 133 Roads.
- 134 Building.
- 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 136 Deposit of poisonous waste.
- 137 Flood prevention and flood warning systems.
- 138 Coast protection.
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 141 Public conveniences.
- 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 †Diseases of animals, and plant health.
- 145 Ordnance Survey.
- 146 Police.
- 147 Fire services.
- 148 Water.
- 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 150 Schedule 18 to continue to have effect.
- 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 153 Ferries.
- 154 Piers and Harbours.
- 154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 154B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 155 Factories.
- 156 Offices, shops and railway premises.
- 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 163 Public libraries, museums and art galleries.
- 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 165 Spray irrigation.
- 166 Registration of births, deaths and marriages.
- 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 169 Burial grounds, churchyards etc.
- 170 War memorials.
- 170A Production and supply of heat and electricity etc. by local authorities.
- 170B Provisions supplementary to s. 170A.
- 171 Miscellaneous functions, etc.
- 171A Functions to include promotion of economic development.
- 171B Restrictions on promotion of economic development.
- 171C Exercise of certain powers to be subject to provisions of sections 171A and 171B.
- 172 Planning authorities.
- 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 184 Amendment of enactments relating to planning etc
- 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 187 Authorities for purposes of betting, gaming and lotteries, etc.
- 188 Part III of Schedule 24 to continue to have effect.
- 189 Legal proceedings.
- 190 Service of legal proceedings, notices, etc., on local authorities.
- 191 Claims in sequestrations and liquidations.
- 192 Service of notices, etc., by local authority.
- 193 Authentication of documents.
- 194 Execution of deeds by local authority and use of seal.
- 195 Public notices.
- 196 Misnomers, etc., not to affect validity of notices, etc.
- 197 Inspection and deposit of documents.
- 198 Photographic copies of documents.
- 199 Reports and returns.
- 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 201 Byelaws for good rule and government.
- 202 Procedure, etc., for byelaws.
- 202A Review of byelaws.
- 202B Register of byelaws.
- 202C Revocation of byelaws by resolution.
- 203 Offences against byelaws.
- 204 Evidence of byelaws.
- 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 206 Admission of honorary freemen.
- 207 Limitation of rights of freemen.
- 208 Provisions as to Sundays etc.
- 209 Removal or relaxation of controls affecting certain local authority functions.
- 210 Power to direct inquiries.
- 210A Recovery of expenses of local inquiry.
- 211 Provision for default of local authority.
- 212 Limitation of liability of certain owners.
- 213 Tweed Fisheries Commissioners.
- 214 Consequential and minor modifications and amendments.
- 215 Consequential and supplementary provisions.
- 216 Transfer of officers.
- 217 Continuity of employment in cases of voluntary transfer.
- 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 225 Local Acts and instruments.
- 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 227 Abolition of Dean of Guild Court.
- 228 Abolition of fiars courts for counties, etc.
- 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 231 Application to sheriff in cases of difficulty.
- 232 Provisions regarding applications to court.
- 233 Orders, rules and regulations.
- 234 Expenses.
- 235 General provisions as to interpretation.
- 236 Savings.
- 237 Repeals.
- 238 Short title, commencement and extent.
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4 Constitution and proceedings of Boundaries Scotland
- SCHEDULE 5
- SCHEDULE 6 Rules to be Observed in Considering Electoral Arrangements
- SCHEDULE 7 Meetings and Proceedings of Local Authorities
- SCHEDULE 7A Access to Information: Exempt Information
- SCHEDULE 8 Provisions as to the Accounts Commission for Scotland
- SCHEDULE 9 Amendments with respect to Finance
- SCHEDULE 10
- SCHEDULE 11
- SCHEDULE 12 Amendment of Enactments Relating to Housing
- Schedule 13
- Schedule 14
- SCHEDULE 15 Amendment of Enactments Relating to Building
- Schedule 16 Amendment of Enactments Relating to River Purification
- SCHEDULE 17 Amendment of Enactments relating to Water
- SCHEDULE 18 Amendment of certain Enactments Relating to Transport
- Schedule 19 Amendment of Enactments Relating to Piers, Harbours, Etc.
- SCHEDULE 20
- SCHEDULE 21 Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries
- SCHEDULE 22
- Schedule 23 Amendment of Enactments Relating to Planning
- Schedule 24 Amendment of Enactments Relating to Licensing, etc.
- Schedule 25 Relaxation of Controls
- Schedule 26 Amendments of the Tweed Fisheries Act 1969
- SCHEDULE 27 Adaptation and Amendment of Enactments
- Schedule 28
- Schedule 29 Repeals
Proposed changes to this act
No one has proposed a change to this act yet.
312 provisions
126 Disqualification for membership of committees appointed by education authorities.
Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of— (a) a committee such as is mentioned in subsection (1) of section 124 of this Act; (b) a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or (c) any sub-committee of such a committee or joint committee.
Propose a change127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change128 Educational endowments.
(1) Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table. Table A Existing area | New area County County of a city | Region or islands area Large burgh Small burgh District | District or islands area (2) Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above. Table B Existing office-holder | New office-holder Lord Provost Provost Convener of county Chairman of district council | Convener of council MagistrateCouncillorChairman of or member of a committee | Councillor, or any other person nominated by the council Any specified officer | The corresponding officer or (if there is no such officer) the proper officer (3) Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above. (4) Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting. (5) In this section, unless the context otherwise requires, expressions used in Part VI of the Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct. (6) Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.
Propose a change129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change130 Housing.
(1) Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) Act 1987 shall be a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. (2) Before any local authority exercise outwith their area any power under Part I of the Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power. (3) The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.
Propose a change131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change133 Roads.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the Local Government (Scotland) Act 1889 shall be transferred to and vested in the local roads authority.
Propose a change134 Building.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.
Propose a change135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change136 Deposit of poisonous waste.
(1) The local authority for the purposes of the Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “ islands councils and district ”. (2) In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority. (3) In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “ “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council. ”
Propose a change137 Flood prevention and flood warning systems.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change138 Coast protection.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In the said Act of 1949 the following amendments shall be made— (a) for section 1(1) (coast protection authorities), there shall be substituted the following subsection— (1) The council of a region any part of which adjoins the sea or of an islands area shall be the coast protection authority for that region or area, as the case may be. ; (b) in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “ district ”; (c) in section 22 (power to use for incidental purposes land acquired for coast protection)— (i) in subsection (2), for the words “burgh or county” there shall be substituted the words “ region or islands area ”. (ii) in subsection (3), for the reference to the Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973; (d) in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection— (4) This section shall not apply to Scotland. ; (e) in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “ or in Scotland the council of a region, islands area or district ”; (f) in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “ subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”; (g) in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph— (b) for references to the London Gazette and to a county or county district there shall be substituted respectively references to the Edinburgh Gazette and to a region, islands area or district .
Propose a change139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change141 Public conveniences.
The local authority for the purposes of section 5 of the Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “ 1973 ”.
Propose a change142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change144 †Diseases of animals, and plant health.
(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A competent authority under the Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.
Propose a change145 Ordnance Survey.
(1) The Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section. (2) An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the local authority, and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the authority to whose proper officer the application was made. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) (a) References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the local authority. (b) References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the local authority. (5) References in the 1841 Act to a county shall be construed as references to the area of a local authority, including the electoral areas thereof and other places therein.
Propose a change146 Police.
(1) The Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below. (2) For section 1(1) of that Act (police areas) there shall be substituted the following subsection— (1) Subject to the provisions of any amalgamation scheme, a police force shall be maintained for every region and for every islands area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof. (3) In section 2(1) (police authorities), for the words from the beginning to “police authority” there shall be substituted the words “ For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority ”. (4) Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975. (5) Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows— (a) in subsection (1) for the words from “Scotland” to “Dumfries” there shall be substituted the words “ any one of the border areas of Scotland, that is to say, the counties of Northumberland or Cumbria, or the areas of the Borders or Dumfries and Galloway ”, and after the word “counties” or “county” wherever it occurs there shall be inserted respectively the words “ or areas ” or “ or area ”; (b) in subsection (2) for paragraph (b) there shall be substituted the following paragraph— (b) references to the area of the Borders or Dumfries and Galloway shall be construed as including references to a combined area within the meaning of this Act comprising either of those areas. (6) In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) For section 23 of that Act there shall be substituted the following section— Chief constables affected by amalgamations or local government reorganisations. 23 (1) If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist— (a) chief constable of the new force, or (b) constable of any rank in any other police force which exists on that date, he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection. (2) While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of assistant chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist. (3) A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act, cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity. (4) The provision to be made by regulations under section 24 of the Superannuation Act 1972 or section 219 of the Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the Police Pensions Act 1948 had the first-mentioned police force been combined with another force by an amalgamation scheme under the Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the Police Pensions Act 1948 shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is allected by this section. (5) The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force. (6) In this section— “new force” has the same meaning as it has for the purposes of Schedule 2 to this Act; “relevant authority” means the police authority or, as the case may be, the joint police committee responsible for the appointment of the chief constable of the relevant new force; “relevant new force” means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred. (9) In section 51 (1) (general interpretation), in the definition of “amalgamation scheme”, for the words “or section 20” there shall be substituted the words “ section 20 or section 21A ”. (10) Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.
Propose a change147 Fire services.
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Propose a change148 Water.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)–(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change150 Schedule 18 to continue to have effect.
Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.
Propose a change151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change153 Ferries.
(1) All rights which are presently vested in regional or islands councils in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the . . . council within whose area the ferry is situated. (2) A . . . council or any two or more . . . councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but . . . a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained. (3) A . . . council or any two or more . . . councils acting in combination may (a) incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above; (b) lease or hire a ferry to or from another person on such conditions as they think fit; (c) enter into arrangements with another person for the operation of a ferry by that person on their behalf; and (d) from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area. (4) If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement. (5) In this section — “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “ferry” includes all rights pertaining thereto (including rights of access) and all boats, vessels, landing stages, plant and apparatus used in connection with the ferry, but does not include a harbour transferred by virtue of section 154 of this Act.
Propose a change154 Piers and Harbours.
(1) . . ., all rights which are presently vested in regional, islands or district councils in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which regional, islands or district councils are subject in that connection, are hereby transferred to the . . . council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule. (2) Where a harbour is situated partly within the area of one . . . council and partly within the area of another . . . council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly. (3) A . . .council or any two or more . . . councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily— (a) land for the purpose of constructing, re-constructing, extending or improving a marine work; (b) any harbour whose acquisition is considered by the council to be desirable in the interests of their area and (i) whose maintenance is to be discontinued by its owner, or (ii) which is considered by the council to be in a poor state of repair, and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) If a local authority so elects and notifies the Secretary of State accordingly, Part III of the Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work. (5) A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do. (6) Where provisions of the Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated. (7) In this section — “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “harbour authority” and “marine work” have the same meanings as in section 57(1) of the Harbours Act 1964 and so has “harbour” except that it does not include a ferry within the meaning of section 153(5) of this Act
Propose a change154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change154B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change155 Factories.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In section 46(6) (bye-laws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, where it twice occurs, there shall be substituted the word “ 1973 ”. (3) In section 47(1) (means of escape), the word “either” and the words from “or, where” to the end shall cease to have effect. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect. (6) Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect. (7) In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words “county and town” there shall be substituted the words “ islands and district ”.
Propose a change156 Offices, shops and railway premises.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect. (3) In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “ (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
Propose a change