# The Local Government (Application of Enactments) (Scotland) Order 1995 S.I. 1995/789 · made 14 March 1995 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. Made under: Local Government etc. (Scotland) Act 1994 ## Introductory text LOCAL GOVERNMENT, SCOTLAND 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 1994 and of all other powers enabling him in that behalf, hereby makes the following Order: ## 1 Citation, commencement and interpretation (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. ## 2 Application of enactments 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. ## Signature George Kynoch Parliamentary Under Secretary of State, Scottish Office St Andrew’s House, Edinburgh 14th March 1995 ## ENACTMENTS APPLIED TO NEW LOCAL AUTHORITIES Column 1 Column 2 1 The Local Government (Scotland) Act 1966— Section 35 2 The Local Authorities (Goods and Services) Act 1970— The whole Act 3 The Local Government (Scotland) Act 1973— Section 23 Section 30 For the words “this Act” substitute the words “the Local Government etc. (Scotland) Act 1994”. Sections 34 and 35 Section 38 In subsection (4)(a) for the words “chairman or vice-chairman” substitute the words “convener or depute convener”. Sections 39 to 43 Section 45(4) (insofar as saved from repeal) Section 46 Section 47 (except subsection (5)) Sections 48 and 49 Section 50 Sections 50A to 50K Sections 56 to 58 Section 59 In subsection (1), the words “Subject to section 126 of this Act” shall not apply. Sections 60 to 62 Sections 64 to 66 Section 67 For the words “chairman or vice-chairman” substitute the words “convener or depute convener”. Section 68 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 89 Section 93 Section 94 (except subsection (1A)) Sections 95 to 104 Sections 105 and 106 Section 159 Section 189 Section 190 For the word “chairman” in both places where it occurs substitute the word “convener”. Sections 191 to 199 Section 200 (subsections (7), (8), (10) and (11)) Section 208 Sections 210 to 211 Sections 231 and 232 Section 235 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 1994) 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 7 (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 7A 4 The Local Government (Scotland) Act 1975— Part II In section 28(2) for the word “chairman” substitute the word “convener”. 5 The Race Relations Act 1976— Section 71 6 The Local Government, Planning and Land Act 1980— Part II 7 The Representation of the People Act 1983— 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 1986— Part II 9 The Access to Personal Files Act 1987— The whole Act 10 The Local Government Act 1988— Part II 11 The Local Government and Housing Act 1989— 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 5 In subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”. Sections 7 and 8 Sections 10 to 12 Section 18 (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 21 Section 31 12 The Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 1978 13 The Local Authority Accounts (Scotland) Regulations 1985 14 The Local Authorities (Publicity Account) (Exemption) (Scotland) Order 1988 15 The Local Government Officers (Political Restrictions) Regulations 1990 16 The Local Government (Politically Restricted Posts) (No.2) Regulations 1990 17 The Public Works Contracts Regulations 1991 18 The Local Authorities (Members' Interests) Regulations 1992 After regulation 6 shall be inserted— “(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 1993 20 The Public Supply Contracts Regulations 1995 ## Explanatory note (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. --- Source: https://www.legislation.gov.uk/uksi/1995/789 (the official version) Page: https://openlegislation.uk/local-government-application-of-enactments-scotland-order-1995 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.