The Local Government (Application of Enactments) (Scotland) Order 1995

S.I. 1995/789 · Made 14 March 1995

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^f1 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.

1Citation, commencement and interpretation
2Application of enactments
Signature
Schedule ENACTMENTS APPLIED TO NEW LOCAL AUTHORITIES
Explanatory note

1Citation, 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.

2Application 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^f1
2 The Local Authorities (Goods and Services) Act 1970^f2—
The whole Act
3 The Local Government (Scotland) Act 1973^f3—
Section 23^f4
Section 30	For the words “this Act” substitute the words “the Local Government etc. (Scotland) Act 1994”.
Sections 34 and 35
Section 38^f5	In subsection (4)(a) for the words “chairman or vice-chairman” substitute the words “convener or depute convener”.
Sections 39 to 43^f6
Section 45(4) (insofar as saved from repeal)^f7
Section 46^f8
Section 47 (except subsection (5))^f9
Sections 48 and 49^f10
Section 50^f11
Sections 50A to 50K^f12
Sections 56 to 58^f13
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^f14
Section 67^f15	For the words “chairman or vice-chairman” substitute the words “convener or depute convener”.
Section 68^f16
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^f17
Section 93
Section 94 (except subsection (1A))^f18
Sections 95 to 104^f19
Sections 105 and 106^f20
Section 159
Section 189
Section 190	For the word “chairman” in both places where it occurs substitute the word “convener”.
Sections 191 to 199^f21
Section 200 (subsections (7), (8), (10) and (11))
Section 208
Sections 210 to 211^f22
Sections 231 and 232
Section 235^f23	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^f24) 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^f25	(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^f26
4 The Local Government (Scotland) Act 1975^f27—
Part II	In section 28(2) for the word “chairman” substitute the word “convener”.
5 The Race Relations Act 1976—
Section 71^f28
6 The Local Government, Planning and Land Act 1980^f29—
Part II
7 The Representation of the People Act 1983^f30—
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^f31—
Part II
9 The Access to Personal Files Act 1987^f32—
The whole Act
10 The Local Government Act 1988^f33—
Part II
11 The Local Government and Housing Act 1989^f34—
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^f35	In subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”.
Sections 7 and 8
Sections 10 to 12^f36
Section 18^f37	(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^f38
Section 31
12 The Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 1978^f39
13 The Local Authority Accounts (Scotland) Regulations 1985^f40
14 The Local Authorities (Publicity Account) (Exemption) (Scotland) Order 1988^f41
15 The Local Government Officers (Political Restrictions) Regulations 1990^f42
16 The Local Government (Politically Restricted Posts) (No.2) Regulations 1990^f43
17 The Public Works Contracts Regulations 1991^f44
18 The Local Authorities (Members' Interests) Regulations 1992^f45	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^f46
20 The Public Supply Contracts Regulations 1995^f47

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.