# The Local Government in Scotland Act 2003 (Commencement No.1) Order 2003

S.S.I. 2003/134 · made 4 March 2003

This Order appoints various days for the coming into force of provisions of the Local Government in Scotland Act 2003 (“the Act”).

Made under: Local Government in Scotland Act 2003 (Section 62)

PDFs: Printed copy https://openlegislation.uk/local-government-in-scotland-act-2003-commencement-no1-order-2003/pdf/ssi_20030134_en.pdf

## Introductory text

LOCAL GOVERNMENT
Made 4th March 2003
The Scottish Ministers, in exercise of the powers conferred by section 62(2) of the Local Government in Scotland Act 2003 and of all other powers enabling them in that behalf, hereby make the following Order:

## 1 Citation and interpretation

(1) This Order may be cited as the Local Government in Scotland Act 2003 (Commencement No.1) Order 2003.
(2) In this Order “the Act” means the Local Government in Scotland Act 2003.

## 2 Appointed days

(1) The provisions of the Act specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule) shall come into force on 1st April 2003 but, where a particular purpose is specified in relation to any provision in column 3 of the Schedule, that provision shall come into force on that day only for that purpose.
(2) Section 60(1)(g) (repeal of section 31 of the Local Government and Housing Act 1989) of the Act shall come into force on 1st May 2003.

## Signature

PETER J PEACOCK
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
4th March 2003

## PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST APRIL 2003

Column 1
Column 2
Column 3
Provisions of the Act
Subject Matter
Purpose
Sections 1 and 2
Duty to secure best value
Sections 3 to 5
Enforcement
Section 6
Other provisions about best value
Section 7
Local authority contracts: relaxation of exclusion of non-commercial considerations
Section 8(1), (2)(a)(i) to (iv), (2)(b), (2)(c)(i),(iii) and (iv), (2)(d)(ii), (2)(e) and (3)
Relaxation of restrictions on supply of goods and services etc. by local authorities
Section 8(2)(a)(v)
Relaxation of restrictions on supply of goods and services etc. by local authorities
Only for the purpose of repealing the words which follow paragraph (d)
Section 8(2)(d)(i)
Relaxation of restrictions on supply of goods and services etc. by local authorities
Only for the purpose of repealing the definition of “public body”
Section 10
Trading operations and accounts
Sections 12 to 14
Accounts, finance and performance accountability
Sections 15 to 19 (Part 2)
Community planning
Sections 20 to 22 (Part 3)
Power to advance well-being
Sections 23 to 27 (Part 4)
Enforcement and scrutiny
Sections 28 to 33 (Part 5)
Rating and council tax
Section 34
Waste management
Section 35(1)
Capital expenditure limits
Section 37
Capital grants
Section 38
Scottish Ministers power to pay off loans made to local authorities
Section 39
Provisions supplementary to sections 35 to 38
Section 41
Establishment of local authority funds other than general fund: setting of council tax
Section 42(3)
Paid time off for councillors not to be a political donation
Section 43
Remote participation in and calling of local authority meetings
Section 44
Travel concessions
Section 45
Power to charge for vacant places on school buses etc.
Section 46
Power to provide funds for speed cameras etc.
Section 48
Delegation of Strathclyde Passenger Transport Authority functions to officials
Section 49
Parliamentary procedure for regulations about vehicles used as taxis and private hire cars
Section 51
Arrangements and agreements with bodies corporate
Section 52
Guidance on contractual matters
Section 53
Qualification of and assistance for Accounts Commission auditors
Section 54
Accounts Commission’s and auditor’s powers to obtain information from persons other than local authorities etc.
Section 55
Auditor’s duty in relation to aspects of best value and community planning
Section 56
Extension of Controller of Audit’s reporting functions to best value and community planning: amendment of section 102 of 1973 Act
Section 57
Power to modify enactments
Section 58
Ancillary provision
Section 59
Equal opportunities
Section 60, except sub-section (1)(b) and (g)
Repeals and consequential amendments
Section 61
Definitions

## Explanatory note

(This note is not part of the Order)
This Order appoints various days for the coming into force of provisions of the Local Government in Scotland Act 2003 (“the Act”).
Article 2(1) provides that the provisions of the Act specified in column 1 of the Schedule shall come into force on 1st April 2003, subject to any restriction of purpose in column 3 of the Schedule.
Article 2(2) provides that section 60(1)(g) of the Act shall come into force on 1st May 2003.
The Act received Royal Assent on 11 February 2003. Sections 42(1), 42(2), 50 and 62 came into force on Royal Assent.
The provisions of the Act remaining to be commenced after the making of this Order are sections 8(2)(c)(ii), 9, 11, 35(2) to (4), 36, 40, 47 and 60(1)(b). Section 8(2)(a)(v) and (2)(d)(i) remains to be commenced for all purposes.

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Source: https://www.legislation.gov.uk/ssi/2003/134 (the official version)
Page: https://openlegislation.uk/local-government-in-scotland-act-2003-commencement-no1-order-2003
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.