OpenLegislation

Article 2 Modification of the Order contained in the Schedule to the 1947 Act

Original text. Later amendments are not shown.

(1)

The Order contained in the Schedule to the 1947 Act is modified as follows.

(2)

In section 4(1)(b) (interpretation)—

(a)

after the definition of “Act of 1929”, there shall be inserted the following definition:—

  • ““the 1994 Act” means the Local Government etc. (Scotland) Act 1994;”;

(b)

for the definition of “corporation”, there shall be substituted the following definition:—

  • ““City of Edinburgh Council” means the City of Edinburgh Council constituted under section 2 of the 1994 Act;”;

(c)

for the definitions of “Councils”, “Dunfermline Town Council” and “Fife County Council”, there shall be substituted the following definitions:—

  • ““Councils” means the City of Edinburgh Council, the Fife Council, the Midlothian Council and the West Lothian Council;

  • “Fife Council” means the Fife Council constituted under section 2 of the 1994 Act;”;

(d)

the definition of “Kirkcaldy Town Council” shall cease to have effect;

(e)

for the definition of “Midlothian County Council”, there shall be substituted the following definition:—

  • ““Midlothian Council” means the Midlothian Council constituted under section 2 of the 1994 Act;”; and

(f)

for the definition of “West Lothian County Council”, there shall be substituted the following definition:—

  • ““West Lothian Council” means the West Lothian Council constituted under section 2 of the 1994 Act;”.

(3)

For section 6(3) (constitution) there shall be substituted as follows:—

“(3)

The Joint Board shall consist of fourteen members of whom seven shall be elected by the City of Edinburgh Council, five by the Fife Council, one by the Midlothian Council and one by the West Lothian Council.”.

(4)

In section 98(2) (level of allowances), for the words “county council”, there shall be substituted the words “local authority”.

(5)

In paragraph 1(1) of Part I of the First Schedulef1 (election, tenure of office etc.), for the words “Of the nine members” to the end of that sub-paragraph, there shall be substituted the words—

  • “: Provided—

    1. (a)

      that not later than 30th April 1996, each Council shall elect a member or members to hold office in accordance with section 6(3) above until 31st May 1999;

    2. (b)

      that the proviso to paragraph 4 below shall apply in the period from 31st March 1996 to 1st May 1996 notwithstanding that regional and district councils cease to exist in terms of section 1(3)(b) of the 1994 Act; and

    3. (c)

      that if, in the said period, any member of a Joint Board dies or resigns or ceases to be qualified to be such a member (other than as a result of the said councils so ceasing to exist) that vacancy may (notwithstanding the terms of paragraph 8 below) be filled by the Joint Board itself electing a person to fill that vacancy.”.

(6)

In paragraph 4 of Part II of the First Schedule (provisions as to meetings and proceedings), for the word “seven”, there shall be substituted the word “six”.

Annotations

Footnotes

f1

Part I of the First Schedule was amended by the 1950 Act, section 22.