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

• Citation: S.I. 1995/702
• Sections: 44

Section 1 Citation 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.

Section 2 Days 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).

Section 3 Days 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.

Section 4 Days 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 1968 shall cease to have effect.

Section 5 Days 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.

Section 6 Days 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 1969 ).

Section 7 Saving and transitional provision

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

Section 8 Saving 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 1975 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.

Section 1

Section 2 (constitution of councils).

Section 2

Section 3 (Orkney, Shetland and Western Isles).

Section 3

Section 4 (convener and depute convener).

Section 4

Section 18 (residuary bodies).

Section 5

Section 19 (property commission)

Section 6

Section 23 (duty to prepare decentralisation schemes).

Section 7

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

Section 8

Section 26 (valuation lists).

Section 9

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

Section 10

Section 28 (valuation rolls).

Section 11

Section 29 (valuation appeal panels and committees).

Section 12

Section 36 (fire services).

Section 13

Section 39 (roads authority for boundary bridges).

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

Section 59 (local Acts and instruments).

Section 19

Section 127 (the Principal Reporter).

Section 20

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

Section 21

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

Section 22

Section 130 (annual report of Principal Reporter).

Section 23

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

Section 24

Section 133 (ancillary powers of Administration).

Section 25

Section 134 (directions by the Secretary of State).

Section 26

Section 135 (government grants to the Administration).

Section 27

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

Section 28

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

Section 29

Section 169 (Statements of support services costs).

Section 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 1975 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).

Section 31

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

Section 32

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

Section 33

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

Section 34

Schedule 3 (residuary bodies).

Section 35

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

Section 36

In Schedule 13 (minor and consequential amendments)—

(a) paragraph 27(3)(p); and

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