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The Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995

S.I. 1995/702 · Made 8 March 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LOCAL GOVERNMENT, SCOTLAND

WATER SUPPLY, SCOTLAND

Made 8th March 1995

The Secretary of State, in exercise of the powers conferred on him by section 184 of the Local Government etc. (Scotland) Act 1994f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1994 c. 39.

Contents

  1. 1Citation and interpretation
  2. 2Days appointed
  3. 3Days appointed
  4. 4Days appointed
  5. 5Days appointed
  6. 6Days appointed
  7. 7Saving and transitional provision
  8. 8Saving and transitional provision
  9. Signature
  10. Schedule 1REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 1ST APRIL 1995
  11. Schedule 2: PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 1995
  12. 1Paragraph 1
  13. 2Paragraph 2
  14. 3Paragraph 3
  15. 4Paragraph 4
  16. 5Paragraph 5
  17. 6Paragraph 6
  18. 7Paragraph 7
  19. 8Paragraph 8
  20. 9Paragraph 9
  21. 10Paragraph 10
  22. 11Paragraph 11
  23. 12Paragraph 12
  24. 13Paragraph 13
  25. 14Paragraph 14
  26. 15Paragraph 15
  27. 16Paragraph 16
  28. 17Paragraph 17
  29. 18Paragraph 18
  30. 19Paragraph 19
  31. 20Paragraph 20
  32. 21Paragraph 21
  33. 22Paragraph 22
  34. 23Paragraph 23
  35. 24Paragraph 24
  36. 25Paragraph 25
  37. 26Paragraph 26
  38. 27Paragraph 27
  39. 28Paragraph 28
  40. 29Paragraph 29
  41. 30Paragraph 30
  42. 31Paragraph 31
  43. 32Paragraph 32
  44. 33Paragraph 33
  45. 34Paragraph 34
  46. 35Paragraph 35
  47. 36Paragraph 36
  48. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995.

(2)

In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.

2Days appointed

10th March 1995 is the day appointed for the coming into force of the following provisions of the Act:—

(a)

section 91 (transfer of property, rights and liabilities to new authorities);

(b)

section 92 (transfer schemes: general);

(c)

section 93 (preparations for transfer of functions etc. to new authorities);

(d)

section 94 (power to require provision of information and assistance as respects transfer schemes);

(e)

section 95 (supplementary provision as to transfer schemes);

(f)

section 96 (transfer schemes: exemption from stamp duty and stamp duty reserve tax); and

(g)

Schedule 11 (water and sewerage transfer schemes).

3Days appointed

Subject to article 8 below, 1st April 1995 is the day appointed for the coming into force of the following provisions of the Act:—

(a)

section 164(1) and (2) (power of authorities to incur expenditure not otherwise authorised);

(b)

section 168 (Direct Labour Organisation/Direct Services Organisation Accounts);

(c)

section 180, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (d) and (e) below;

(d)

in Schedule 13 (minor and consequential amendments)—

(i)

paragraph 72(1) and (2); and

(ii)

paragraph 92(25); and

(e)

the repeals in Schedule 14 to the Act specified in Schedule 1 to this Order.

4Days appointed

(1)

Subject to paragraph (2) and article 7 below, 6th April 1995 is the day appointed for the coming into force of the provisions of the Act specified in Schedule 2 to this Order.

(2)

The commencement of section 127(1) of the Act by paragraph (1) above shall not extend to—

(a)

the transfer of functions referred to therein; or

(b)

the provision that section 36(1) of the Social Work (Scotland) Act 1968f1 shall cease to have effect.

5Days appointed

(1)

Subject to paragraph (2) below, 1st August 1995 is the day appointed for the coming into force of section 58 of the Act.

(2)

The commencement of section 58 by virtue of paragraph (1) above is only for the purpose of enabling a new local authority to enter into an agreement thereunder with any other new local authority for the carrying out of an activity or service on and after 1st April 1996.

(3)

In this article, “new local authority” means—

(a)

a council in respect of which an ordinary election of councillors takes place on 6th April 1995 in terms of section 5(2) of the Act;

(b)

an Islands Council;

(c)

a residuary body; and

(d)

a joint board.

6Days appointed

1st April 1996 is the day appointed for the coming into force of the following provisions of the Act:—

(a)

section 20 (joint committees and joint boards);

(b)

section 33 (structure plans);

(c)

section 52 (Tweed Fisheries Commissioners); and

(d)

Schedule 6 (New Schedule 1 to the Tweed Fisheries Act 1969f1).

7Saving and transitional provision

The amendments made to sections 36 and 38 of the Fire Services Act 1947f1 by section 147(5) and (6) of the Local Government (Scotland) Act 1973f2 shall, notwithstanding the commencement of section 36 of the Act by virtue of article 4(1) above, continue to have effect.

8Saving and transitional provision

A DLO reserve fund established by a local authority under paragraph 22(1)(c) of Schedule 3 to the Local Government (Scotland) Act 1975f1 which is in existence on 31st March 1995 shall be treated for all purposes as if it were a DLO/DSO fund established by that authority at 1st April 1995 under section 15A of the said Act of 1975, inserted by section 168 of the Act and commenced by virtue of article 3 above.

Signature

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

8th March 1995

Schedule 1REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 1ST APRIL 1995

ChapterShort titleExtent of Repeal
1973 c. 65The Local Government (Scotland) Act 1973

In section 83(4B)(d), the word “Economic”.

In section 96(5), the words from “, so however that” to “31st March 1976”.

In section 100(3), the words from “and to an additional fine” to the end.

1975 c. 21.The Criminal Procedure (Scotland) Act 1975In Schedule 7D, paragraph 59.
1975 c. 30The Local Government (Scotland) Act 1975In Schedule 3, in paragraph 22, in sub-paragraph (1), head (c) and paragraph 24A.
1988 c. 9The Local Government Act 1988In Schedule 6, in paragraph 11, the words from “and”, where it first occurs, to the end.
1992 c. 14The Local Government Finance Act 1992In Schedule 7, paragraph 1(6).

1

Section 2 (constitution of councils).

2

Section 3 (Orkney, Shetland and Western Isles).

3

Section 4 (convener and depute convener).

4

Section 18 (residuary bodies).

5

Section 19 (property commission)

6

Section 23 (duty to prepare decentralisation schemes).

7

Section 25 (financing of new authorities prior to 1st April 1996).

8

Section 26 (valuation lists).

9

Section 27 (valuation areas and authorities and appointment of assessors etc.).

10

Section 28 (valuation rolls).

11

Section 29 (valuation appeal panels and committees).

12

Section 36 (fire services).

13

Section 39 (roads authority for boundary bridges).

14

Section 42 (power to secure management of traffic control system).

15

Section 43 (guidance as to exercise of traffic powers).

16

Section 55 (restrictions on disposal of assets and entering into contracts by existing authorities).

17

Section 56 (duty of existing authorities and assessors to provide information to new authorities).

18

Section 59 (local Acts and instruments).

19

Section 127 (the Principal Reporter).

20

Section 128 (the Scottish Children’s Reporter Administration).

21

Section 129 (appeal against dismissal of Principal Reporter and other officers).

22

Section 130 (annual report of Principal Reporter).

23

Section 131 (delegation of Principal Reporter’s functions).

24

Section 133 (ancillary powers of Administration).

25

Section 134 (directions by the Secretary of State).

26

Section 135 (government grants to the Administration).

27

Section 136 (reports, accounts etc. of the Administration).

28

Section 138 (property etc. : application of Chapter 3 of Part I).

29

Section 169 (Statements of support services costs).

30

Subsections (1) and (2) of section 177 so far as those subsections relate to the entry in Part II of Schedule 1 to the House of Commons Disqualification Act 1975f1 concerning the Scottish Children’s Reporter Administration and section 177(1) and (3), so far as relating to those parts of section 177(3) not already in force (Parliamentary disqualification).

31

Section 180, so far as it relates to the provisions of Schedule 13 to the Act specified in paragraph 36 below.

32

Section 181, so far as not already in force (consequential and supplementary provisions).

33

Section 183(3) and (6) (translation of references).

34

Schedule 3 (residuary bodies).

35

Schedule 12 (status, constitution and proceedings of the Scottish Children’s Reporter Administration).

36

In Schedule 13 (minor and consequential amendments)—

(a)

paragraph 27(3)(p); and

(b)

paragraph 100(6)(a)(i).

Explanatory note

(This note is not part of the Order)

This Order provides for the commencement of various provisions in the Local Government etc. (Scotland) Act 1994 on 10th March 1995 (article 2), 1st April 1995 (article 3 and Schedule 1), 6th April 1995 (article 4 and Schedule 2), 1st August 1995 (article 5) and 1st April 1996 (article 6).

Article 7 saves from repeal provisions in section 147 of the Local Government (Scotland) Act 1973 (c. 65) which amended earlier legislation. Section 36 of the 1994 Act provides for the substitution of a new section 147 of the 1973 Act.

Transitional provision is made in consequence of the commencement of section 168 in connection with certain existing local authority funds (article 8).