Local Government Area Changes (Scotland) Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/8 |
| Year | 1977 |
1977 No. 8 (S. 1)
LOCAL GOVERNMENT, SCOTLAND
The Local Government Area Changes (Scotland) Regulations 19775thJanuary 1977
17thJanuary 1977
1stApril 1977
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
Regulations
1. Title and commencement
2. Interpretation
3. Maps
4. General continuance of matters
5. Local Acts and byelaws
6. Property
7. Finance
8. Duty to revise schemes
9. Determinations
PART II
FUNCTIONS
10. Burial grounds
11. Civil defence grants
12. District courts
13. Educational endowments
14. Electoral registers
15. Fire services
16. Housing—capital accounts
17. Housing subsidies
18. Police
19. Valuation
20. Valuation of water undertakings
PART III
TRANSFER AND PROTECTION OF STAFF
21. Scheme for transfer of officers
22. Transfer of officers
23. Protection of officers
24. Secondary transfers
25. Travelling and removal expenses
26. Commencing points on scales
27. Continuity of employment
28. Appointment of officers before appointed day
PART IV
MISCELLANEOUS
29. Councillors
30. Honorary freedoms
31. Justices of the peace
In exercise of the powers conferred upon me by sections 24(1) and (2) and 216(1) and (3) of the Local Government (Scotland) Act 1973(a) and of all other powers enabling me in that behalf, I hereby make the following regulations:—
(a) 1973 c. 65.
PART I
GENERAL
Title and commencement
1. These regulations may be cited as the Local Government Area Changes (Scotland) Regulations 1977 and shall come into operation on 1st April 1977.
Interpretation
2.—(1) The Interpretation Act 1889(a) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(2) In these regulations, except where the context otherwise requires:—
"the Act" means the Local Government (Scotland) Act 1973;
"the appointed day" means the day on which the order comes into operation;
"the transferred area" means the area transferred by the order;
"area change" means the change in local authority areas effected by an order made under section 17 of the Act;
"as altered" means as altered by the order;
"local authority" means a regional, islands or district council;
"map" means the map or maps defining the transferred area and annexed and signed as relative to the order;
"officer", in relation to any authority, includes any employee or servant;
"the order" means the order under section 17 of the Act which effects the area change;
"transferee authority" in relation to any function means the local authority exercising that function in the area by virtue of the order;
"transferor authority" in relation to any function means the local authority by which, prior to the appointed day, that function was exercisable in the area.
(3) These regulations shall have effect in relation to any area change to the extent that they are applied by the order, which may be to such extent as may be required to implement the order.
(4) In these regulations any reference to a provision identified without reference to any enactment is to a provision of these regulations and any reference to a paragraph or sub-paragraph identified by number only is to the provision bearing that number in the regulation or schedule in question.
(5) In these regulations any term used in relation to any function for which special provision is made by these regulations shall have the same meaning as in the principal enactment relating to that function.
(6) In these regulations and in the order, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.
Maps
3.—(1) A certified copy of the map shall be deposited in the office of the Secretary of State.
(2) A certified copy of the map shall be deposited with each local authority affected by an area change and shall at all reasonable times be open to inspection
(a) 1889 c. 63
by any person, and on payment of a reasonable fee to be determined by the local authority such person shall be entitled to a copy of or extract from the map certified by the proper officer of the local authority.
(3) In addition:—
A certified copy of the map shall be supplied to:—
(a) the Office of the Clerk of the Parliament, House of Lords;
(b) the Votes and Proceedings Office of the House of Commons;
(c) the Scottish Office, London;
(d) the Director General, Ordnance Survey, and
(e) the Boundary Commission for Scotland.
(4) If there is in the order any discrepancy between the map and the description of the transferred area, the map shall be deemed to be correct and shall prevail.
(5) The boundaries established by the order shall be mered by ordnance survey and any boundary defined on the map by reference to proposed works which have not been executed at the time of the completion of any survey made after the appointed day shall be mered as if the boundary had not been so defined.
General continuance of matters
4.—(1) Subject to the provisions of these regulations, anything done prior to the appointed day in relation to the area of the transferor authority shall as from the appointed day have effect in relation to that area as reduced by the order, and subject to (2) anything done in relation to the area of the transferee authority shall as from the appointed day have effect in relation to that area as increased by the order; provided that any scheme or other provision made as respects a particular area by or under statute shall not be reduced or increased in its area of application by virtue of this provision and the Secretary of State may in any case where dispute arises direct which authority shall be responsible for the operation of that scheme or provision in relation to any particular area.
(2) Subject to the provisions of these regulations, in connection with the discharge of any function in or in relation to the transferred area, anything done or treated by virtue of any enactment as having been done by or in relation to the transferor authority or any officer appointed by them for any purpose shall as from the appointed day have effect as if done by or in relation to the transferee authority or as if that officer were an officer appointed by them, and as if any reference therein to the transferor authority were a reference to the transferee authority; and unless the context otherwise requires any reference in anything to which this paragraph applies to the transferor authority shall be read as a reference to the transferee authority.
(3) Without prejudice to its generality, the preceding paragraph applies to:—
(a) any regulation, rule, order, scheme or other enactment;
(b) any written agreement or arrangement, contract, deed, document or other instrument;
(c) any determination, decision, declaration, direction, notice or resolution;
(d) any application, proposal, representation, objection, or appeal;
(e) any licence, permission, consent, approval, exemption, dispensation or relaxation;
(f) any condition, requirement, obligation or debt imposed or treated as imposed on or in relation to the transferor authority;
(g) any legal proceedings, inquiry, hearing, arbitration or other like proceeding.
(4) Where prior to the appointed day anything effecting or relating to the transferred area has been commenced by or in relation to the transferor authority it may be carried on and completed by or in relation to the transferee authority.
(5) Where by virtue of the order a transferred area becomes part of any region, islands area or district the powers and duties of any body or person responsible for the exercise of any statutory function other than the functions of the local registration authority under the Registration of Births, Deaths and Marriages (Scotland) Act 1965(a) in relation to the last-mentioned area shall on and after the appointed day, unless special provision to the contrary is made in the order, be extended to the transferred area, and the powers and duties of any body or person which formerly exercised any such function in relation to the transferred area shall no longer be available therein.
(6) Subject to the provisions of these regulations, nothing in the order shall affect any appointment to any office.
Local Acts and byelaws
5. Where any provision of any local Act or byelaw in force on the appointed day applies in relation to the transferred area, that provision shall notwithstanding the provisions of the order continue to apply but only to the area, things or persons to which or to whom it applied before that date.
Property
6.—(1) Subject to the provisions of this regulation and to any agreement under section 25 of the Act which may be entered into between the transferor authority and the transferee authority, all property situated in or held for the purposes of the transferred area immediately before the appointed day by the transferor authority and used wholly or mainly for the purposes of any of its functions in the transferred area shall on that date transfer to and vest in the transferee authority to the same extent, and subject to the same rights, liabilities and obligations.
(2)(a) Where any accommodation in property in the transferred area which is not transferred by (1) has been used by the transferor authority immediately before the appointed day for the discharge of any of its functions in that area, the transferee authority shall be entitled to the use of such accommodation to the extent required for the continued discharge of those functions within the said area after that date.
(b) Where any accommodation in property transferred by (1) is being used by the transferor authority immediately before the appointed day for the discharge of any of its functions outwith the area to be transferred the transferor authority shall be entitled to the use of such accommodation to the extent required for the continued discharge of those functions in that area after the appointed day.
(c) The use of any accommodation by virtue of (2)(a) and (b)...
To continue reading
Request your trial