Local Government (Application of Enactments) (Scotland) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/789

1995 No. 789 (S.71)

LOCAL GOVERNMENT, SCOTLAND

The Local Government (Application of Enactments) (Scotland) Order 1995

Made 14th March 1995

Laid before Parliament 16th March 1995

Coming into force 6th April 1995

The Secretary of State, in exercise of the powers conferred on him by section 181(1) and (2) of the Local Government etc. (Scotland) Act 19941and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Application of Enactments) (Scotland) Order 1995 and shall come into force on 6th April 1995.

(2) In this Order, “new local authority” means a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the Local Government etc. (Scotland) Act 1994.

S-2 Application of enactments

Application of enactments

2. In the period prior to 1st April 1996, the provisions specified in column 1 of the Schedule to this Order shall apply to a new local authority as they apply to a local authority subject, where specified, to the modifications in column 2 of the Schedule.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

14th March 1995

SCHEDULE

Article 2

ENACTMENTS APPLIED TO NEW LOCAL AUTHORITIES

Column 1

Column 2

1. The Local Government (Scotland) Act 1966

Section 352

2. The Local Authorities (Goods and Services) Act 19703

The whole Act

3. The Local Government (Scotland) Act 19734

Section 235

Section 30

For the words “this Act” substitute the words “the Local Government etc. (Scotland) Act 1994”.

Sections 34 and 35

Section 386

In subsection (4)(a) for the words “chairman or vice-chairman” substitute the words “convener or depute convener”.

Sections 39 to 437

Section 45(4) (insofar as saved from repeal)8

Section 469

Section 47 (except subsection (5))10

Sections 48 and 4911

Section 5012

Sections 50A to 50K13

Sections 56 to 5814

Section 59

In subsection (1), the words “Subject to section 126 of this Act” shall not apply.

Sections 60 to 62

Sections 64 to 6615

Section 6716

For the words “chairman or vice-chairman” substitute the words “convener or depute convener”.

Section 6817

Section 69 (except subsection (4))

Section 79

After the word “acquire” insert the words “land by agreement or compulsorily and may acquire” and for the words from “or the business” to “or assemblies” substitute the words “and for those purposes sections 70 to 72, section 74 and sections 77 and 78 above shall apply”.

Section 81

Sections 85 to 8918

Section 93

Section 94 (except subsection (1A))19

Sections 95 to 10420

Sections 105 and 10621

Section 159

Section 189

Section 190

For the word “chairman” in both places where it occurs substitute the word “convener”.

Sections 191 to 19922

Section 200 (subsections (7), (8), (10) and (11))

Section 208

Sections 210 to 21123

Sections 231 and 232

Section 23524

In subsection (3), after the words “as the case may be” insert the words “and for the purpose of section 33A of this Act (as applied by article 3 of and Schedule I to the Local Government (Transitional Election Arrangements) (Scotland) Order 199425) shall include the person designated in respect of that authority in terms of paragraph 4(2) of Schedule 2 to the Local Government etc. (Scotland) Act 1994”.

Schedule 726

(i) in paragraphs 1(4), 3(1), 3(2) and 3(3) for the word “chairman”, substitute the word “convener”;

(ii) in paragraphs 3(2) and 3(3) for the words “vice-chairman”, substitute the words “depute convener”; and

(iii) in paragraph 5(1) after the words “such orders”, insert the words “or to the procedure for early removal from office of the convener or depute convener”.

Schedule 7A27

4. The Local Government (Scotland) Act 197528

Part II

In section 28(2) for the word “chairman” substitute the word “convener”.

5. The Race Relations Act 1976

Section 7129

6. The Local Government, Planning and Land Act 198030

Part II

7. The Representation of the People Act 198331

Section 45

In subsection (1), for the words “Local Government (Scotland) Act 1973”, substitute the words “Local Government etc. (Scotland) Act 1994”.

8. The Local Government Act 198632

Part II

9. The Access to Personal Files Act 198733

The whole Act

10. The Local Government Act 198834

Part II

11. The Local Government and Housing Act 198935

Section 1

Section 2

In subsection (4) for the words “the expiry of the period of two months beginning with the coming into force of this section” substitute the words “31st December 1995”.

Section 3

Section 4

In subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”.

Section 536

In subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”.

Sections 7 and 8

Sections 10 to 1237

Section 1838

(i) after subsection (2), insert—

“2A Regulations under this section may also authorise or require a scheme made by a new local authority to make provision for payment, after the scheme is made, of allowances to persons who are or have been members of that authority, in respect of the period between 6th April 1995 and the coming into effect of the scheme.

2B In subsection (2A) above, “new local authority” means a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the Local Government etc. (Scotland) Act 1994.”; and

(ii) in subsection (3) for the words “and (2)”, substitute the words “, (2) and (2A)”.

Sections 19 to 2139

Section 31

12. The Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 197840

13. The Local Authority Accounts (Scotland) Regulations 198541

14. The Local Authorities (Publicity Account) (Exemption) (Scotland) Order 198842

15. The Local Government Officers (Political Restrictions) Regulations 199043

16. The Local Government (Politically Restricted Posts) (No.2) Regulations 199044

17. The Public Works Contracts Regulations 199145

18. The Local Authorities (Members' Interests) Regulations 199246

After regulation 6 shall be inserted—

SCH-1.7

“7 Any duty imposed under these Regulations on or in relation to a proper officer shall, in respect of a new local authority within the meaning of the Local Government (Application of Enactments) (Scotland) Order 1995, be carried out, until the appointment of such officer for that purpose by that authority, by the person designated in respect of that authority in terms of paragraph 4(2) of Schedule 2 to the Local Government etc. (Scotland) Act 1994.”.

19. The Public Service Contracts Regulations 199347

20. The Public Supply Contracts Regulations 199548

(This note is not part of the Order)

In consequence of local government reorganisation in Scotland, new mainland councils will be elected on 6th April 1995. Those councils will take over local authority functions at 1st April 1996.

This Order applies certain general and procedural provisions of the Local Government (Scotland) Act 1973 (c. 65)and of certain other enactments relating to local authorities which would not otherwise apply, in the period prior to 1st April 1996, to those new councils, as they apply to existing councils.


(2) 1966 c. 51; section 35(1) and (2) was amended and section 35(3) repealed in part by the Vehicle and Driving Licences Act 1969 (c. 27), Schedule 1, paragraph 10; section 35(1A) was repealed by 1993 S.L.R.
(5) Section 23(1) and (4) was substituted in part and repealed in part by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23) (“the 1981 Act”), Schedule 2, paragraph 30.
(6) Section 38 was modified by the Transport Act 1985 (c. 67), section 74(12); section 38(2) was substituted in part by virtue of the Criminal Procedure (Scotland) Act 1975 (c. 21), sections 289F and 289G; section 38(4)(a) was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43) (“the 1982 Act”), Schedule 3, paragraph 14; and section 38(4)(b) was substituted by the Local Government and Housing Act 1989 (c. 42) (“the 1989 Act”), Schedule 11, paragraph 33.
(7) Section 41(4) was substituted by the 1989 Act, Schedule 6, paragraph 23 and amended by the Local Government Finance Act 1992 (c. 14) (“the 1992 Act”) Schedule 13, paragraph 35; section 42(1) was substituted by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 9; and section 42(2) was substituted in part by the Education (Scotland) Act 1980 (c. 44), Schedule 3, paragraph 1.
(8) Section 45 was repealed by the 1989 Act, Schedule 12, Part II, subject to savings—those savings from repeal are specified at the Schedule to S.I. 1991/344.
(9) Section 46(1) was amended and section 46(2) was repealed by the Local Government, Planning and Land Act 1980 (c. 65) (“the 1980 Act”), section 25(1) and Schedule 34, Part XVI respectively.
(10) Section 47(1) was amended by the 1989 Act, Schedule 11, paragraph 34; section 47(3A) was inserted by the 1980 Act, section 25(5) and amended by the 1989 Act, Schedule 11, paragraph 34(b); and section 47(4) was substituted by virtue of the Water (Scotland) Act 1980 (c. 45), Schedule 9, paragraph 3.
(11) Section 49(1)(b) and (f) was repealed by the Local Government (Scotland) Act 1975 (c. 30) (“the 1975 Act”), Schedule 7; section 49(1A) was inserted by the 1975 Act, Schedule 6, Part II, paragraph 46(b); section 49(2) was amended and was repealed in part by the 1982 Act, section 60(2)(a) and (c) and Schedule 4, Part I; and section 49(4) was amended by the 1989 Act, Schedule 11, paragraph 35(4)
(12) Section 50 was amended by the 1980 Act, section 26(4).
(13) Sections 50A to 50K were inserted by the Local Government (Access to Information) Act 1985 (c. 43) (“the 1985 Act”), section 2(1).
(14) Section 56(2) was substituted by the 1982 Act, section 32; section 56(6) was substituted by the 1992 Act, Schedule 13, paragraph...

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