{
  "url": "https://openlegislation.uk/local-government-application-of-enactments-scotland-order-1995/schedule",
  "json_url": "https://openlegislation.uk/local-government-application-of-enactments-scotland-order-1995/schedule.json",
  "legislation": "uksi/1995/789",
  "legislation_title": "The Local Government (Application of Enactments) (Scotland) Order 1995",
  "legislation_url": "https://openlegislation.uk/local-government-application-of-enactments-scotland-order-1995",
  "path": "schedule",
  "kind": "schedule",
  "number": null,
  "heading": "ENACTMENTS APPLIED TO NEW LOCAL AUTHORITIES",
  "text": "Column 1\nColumn 2\n1 The Local Government (Scotland) Act 1966—\nSection 35\n2 The Local Authorities (Goods and Services) Act 1970—\nThe whole Act\n3 The Local Government (Scotland) Act 1973—\nSection 23\nSection 30\nFor the words “this Act” substitute the words “the Local Government etc. (Scotland) Act 1994”.\nSections 34 and 35\nSection 38\nIn subsection (4)(a) for the words “chairman or vice-chairman” substitute the words “convener or depute convener”.\nSections 39 to 43\nSection 45(4) (insofar as saved from repeal)\nSection 46\nSection 47 (except subsection (5))\nSections 48 and 49\nSection 50\nSections 50A to 50K\nSections 56 to 58\nSection 59\nIn subsection (1), the words “Subject to section 126 of this Act” shall not apply.\nSections 60 to 62\nSections 64 to 66\nSection 67\nFor the words “chairman or vice-chairman” substitute the words “convener or depute convener”.\nSection 68\nSection 69 (except subsection (4))\nSection 79\nAfter 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”.\nSection 81\nSections 85 to 89\nSection 93\nSection 94 (except subsection (1A))\nSections 95 to 104\nSections 105 and 106\nSection 159\nSection 189\nSection 190\nFor the word “chairman” in both places where it occurs substitute the word “convener”.\nSections 191 to 199\nSection 200 (subsections (7), (8), (10) and (11))\nSection 208\nSections 210 to 211\nSections 231 and 232\nSection 235\nIn 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”.\nSchedule 7\n(i) in paragraphs 1(4), 3(1), 3(2) and 3(3) for the word “chairman”, substitute the word “convener”;\n(ii) in paragraphs 3(2) and 3(3) for the words “vice-chairman”, substitute the words “depute convener”; and\n(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”.\nSchedule 7A\n4 The Local Government (Scotland) Act 1975—\nPart II\nIn section 28(2) for the word “chairman” substitute the word “convener”.\n5 The Race Relations Act 1976—\nSection 71\n6 The Local Government, Planning and Land Act 1980—\nPart II\n7 The Representation of the People Act 1983—\nSection 45\nIn subsection (1), for the words “Local Government (Scotland) Act 1973”, substitute the words “Local Government etc. (Scotland) Act 1994”.\n8 The Local Government Act 1986—\nPart II\n9 The Access to Personal Files Act 1987—\nThe whole Act\n10 The Local Government Act 1988—\nPart II\n11 The Local Government and Housing Act 1989—\nSection 1\nSection 2\nIn 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”.\nSection 3\nSection 4\nIn subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”.\nSection 5\nIn subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”.\nSections 7 and 8\nSections 10 to 12\nSection 18\n(i) after subsection (2), insert—\n“(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.\n(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\n(ii) in subsection (3) for the words “and (2)”, substitute the words “, (2) and (2A)”.\nSections 19 to 21\nSection 31\n12 The Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 1978\n13 The Local Authority Accounts (Scotland) Regulations 1985\n14 The Local Authorities (Publicity Account) (Exemption) (Scotland) Order 1988\n15 The Local Government Officers (Political Restrictions) Regulations 1990\n16 The Local Government (Politically Restricted Posts) (No.2) Regulations 1990\n17 The Public Works Contracts Regulations 1991\n18 The Local Authorities (Members' Interests) Regulations 1992\nAfter regulation 6 shall be inserted—\n“(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.”.\n19 The Public Service Contracts Regulations 1993\n20 The Public Supply Contracts Regulations 1995",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1970 c. 39."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1973 c. 65."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "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)"
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Section 50 was amended by the 1980 Act, section 26(4)."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Sections 50A to 50K were inserted by the Local Government (Access to Information) Act 1985 (c. 43) (“the 1985 Act”), section 2(1)."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Section 56(2) was substituted by the 1982 Act, section 32; section 56(6) was substituted by the 1992 Act, Schedule 13, paragraph 36; and section 56(11) to (13) was repealed by 1981 S.L.R."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "There are amendments to section 64(5) not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Section 67 was amended by the 1982 Act, Schedule 3, paragraph 15."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Section 68(3) was amended by virtue of the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 86(3) was substituted in part by virtue of the Insurance Companies Act 1982 (c. 50), Schedule 4, paragraph 22; section 88(1) was amended and substituted in part by the Local Government Act 1986 (c. 10) (“the 1986 Act”), section 3(1)(a); section 88(1A) and (1B) was added by the 1986 Act, section 3(1)(b) and (2); and section 88(2)(a) was substituted in part by the 1986 Act, section 3(1)(c)."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Section 94(1B) was inserted by the 1981 Act, section 26(a) and the proviso substituted by the 1982 Act, Schedule 3, paragraph 17(a); section 94(2) was substituted by S.I. 1987/943; section 94(3) and (4) was inserted by the 1981 Act, section 26(b); and section 94(3)(b) was substituted by the 1982 Act, Schedule 3, paragraph 17(b)."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Section 96(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 7, paragraph 2; section 96(5) and (6) was substituted by the 1975 Act, section 18; section 97 was amended by the Local Government Act 1988 (c. 9) (“the 1988 Act”), section 35(2) and the 1990 Act, Schedule 7, paragraph 3; sections 97A and 97B were added by the 1988 Act, section 35(3) and section 97A was amended by the 1990 Act, Schedule 7, paragraph 4; section 98 was amended by the 1975 Act, Schedule 6, Part II, paragraph 48 and the 1990 Act, Schedule 7, paragraph 5; section 99(a) and (b) was amended by the 1990 Act, Schedule 7, paragraph 6 and section 99(c) and (d) was added by the 1988 Act, section 35(4) and the Local Government Act 1992 (c. 19), section 3(2) respectively; section 100(1) and (2) was amended and section 100(1A) was inserted by the 1990 Act, Schedule 7, paragraph 7 and section 100(3) was substituted in part by virtue of the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G; section 101(1) was substituted by the Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31) (“the 1984 Act”), section 10(1) and section 101(5) was inserted by the 1990 Act, Schedule 7, paragraph 8; section 102(1) was amended and section 102(2A) added by the 1989 Act, section 185(b), section 102(3) was amended by the Local Government etc. (Scotland) Act 1994 (“the 1994 Act”), Schedule 13, paragraph 92(26) and section 102(1) was amended and section 102(5) was inserted by the 1990 Act, Schedule 7, paragraph 9; section 103 was amended by the 1990 Act, Schedule 7, paragraph 10 and section 103(6)(b) was substituted by the 1994 Act, Schedule 13, paragraph 92(27); and section 103(7) was substituted in part by virtue of the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "Section 105(1)(d) was substituted in part by the 1984 Act, section 10(2); section 105(3) was substituted in part by virtue of the Criminal Procedure (Scotland) Act 1975, sections 289E to 289G; section 106(1)(c) was amended by the Water (Scotland) Act 1980, Schedule 10, Part II; and section 106(3) was inserted by the 1990 Act, Schedule 7, paragraph 12."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "Sections 192(5) and 197(4) were substituted in part by virtue of the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G; section 194(1) was substituted by the 1994 Act, Schedule 13, paragraph 92(60); and section 197(1) was repealed by the 1985 Act, Schedule 3."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "Section 210(1) was repealed in part by the 1975 Act, Schedule 7; section 210(5) was submitted in part by the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G; section 210(7) and (8) and sections 210(7A) and (7B) and 210A were substituted and added respectively by the Housing and Planning Act 1986 (c. 63), Schedule 11, Part II, paragraph 39; and section 211(2A), (2B) and (3A) was inserted by the 1989 Act, section 159(2) and (3)."
    },
    {
      "type": "footnote",
      "label": "f23",
      "text": "In section 235(1) definitions not relevant to this Order are amended."
    },
    {
      "type": "footnote",
      "label": "f24",
      "text": "S.I. 1994/3255."
    },
    {
      "type": "footnote",
      "label": "f25",
      "text": "Paragraphs 2(4) and 5(1) and (2) were amended by the 1975 Act, Schedule 6, Part II, paragraph 54; and paragraphs 3(2) and (3) and 10(1) were substituted by and paragraph 10(2) was amended by the 1982 Act, Schedule 3, paragraph 26."
    },
    {
      "type": "footnote",
      "label": "f26",
      "text": "Schedule 7A was inserted by the 1985 Act, Schedule 1, Part II."
    },
    {
      "type": "footnote",
      "label": "f27",
      "text": "1975 c. 30."
    },
    {
      "type": "footnote",
      "label": "f28",
      "text": "1976 c. 74; section 71 was amended by the Local Government Act 1985 (c. 51), Schedule 14, paragraph 54 and the Police and Magistrates' Courts Act 1994 (c. 29), Schedule 4 paragraph 51; and repealed in part by the Education Reform Act 1988 (c. 40), Schedule 13."
    },
    {
      "type": "footnote",
      "label": "f29",
      "text": "1980 c. 65"
    },
    {
      "type": "footnote",
      "label": "f30",
      "text": "1983 c. 2."
    },
    {
      "type": "footnote",
      "label": "f31",
      "text": "1986 c. 10."
    },
    {
      "type": "footnote",
      "label": "f32",
      "text": "1987 c. 37."
    },
    {
      "type": "footnote",
      "label": "f33",
      "text": "1988 c. 9."
    },
    {
      "type": "footnote",
      "label": "f34",
      "text": "1989 c. 42."
    },
    {
      "type": "footnote",
      "label": "f35",
      "text": "Section 5 was amended by the Police and Magistrates' Courts Act 1994, Schedule 4, paragraph 35."
    },
    {
      "type": "footnote",
      "label": "f36",
      "text": "Section 12 was amended by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), Schedule 2, paragraph 39."
    },
    {
      "type": "footnote",
      "label": "f37",
      "text": "Section 18 was amended by the Police and Magistrates' Courts Act 1994, Schedule 4, paragraph 37."
    },
    {
      "type": "footnote",
      "label": "f38",
      "text": "Section 21 was amended by the Police and Magistrates' Courts Act 1994, Schedule 4, paragraph 38."
    },
    {
      "type": "footnote",
      "label": "f39",
      "text": "S.I. 1978/1761, amended by S.I. 1992/1025."
    },
    {
      "type": "footnote",
      "label": "f40",
      "text": "S.I. 1985/267."
    },
    {
      "type": "footnote",
      "label": "f41",
      "text": "S.I. 1988/332, amended by S.I. 1990/182."
    },
    {
      "type": "footnote",
      "label": "f42",
      "text": "S.I. 1990/851."
    },
    {
      "type": "footnote",
      "label": "f43",
      "text": "S.I. 1990/1447."
    },
    {
      "type": "footnote",
      "label": "f44",
      "text": "S.I. 1991/2680, amended by S.I. 1992/3279."
    },
    {
      "type": "footnote",
      "label": "f45",
      "text": "S.I. 1992/618."
    },
    {
      "type": "footnote",
      "label": "f46",
      "text": "S.I. 1993/3228."
    },
    {
      "type": "footnote",
      "label": "f47",
      "text": "S.I. 1995/201."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/789/schedule",
    "retrieved_at": "2026-10-29T13:12:49.046875+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}