Citation and interpretation

1.—(1) This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994.

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

Days appointed

2.  31st December 1994 is the day appointed for the coming into force of—

(a)paragraph 176(1) and (19)(b) of Schedule 13 to the Act (minor and consequential amendments); and

(b)section 180(1) of the Act (minor and consequential amendments), so far as it relates to those provisions.

3.  4th January 1995 is the day appointed for the coming into force of the following provisions of the Act:—

(a)section 153 (power of Secretary of State to prescribe amount of non-domestic rate);

(b)section 160 (further provision as to valuation by formula);

(c)section 161 (power of Secretary of State to combine and divide lands and heritages);

(d)section 180(2) (repeals), so far as it relates to the provisions specified in paragraph (e) below; and

(e)in Schedule 14 (repeals), the repeals of—

(i)section 116(6) of the Local Government (Scotland) Act 1973(2);

(ii)paragraphs 41 and 42 of Schedule 2 to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981(3); and

(iii)paragraph 60(2) of Schedule 25 to the Water Act 1989(4).

4.  1st April 1995 is the day appointed for the coming into force of—

(a)the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule);

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

(c)in Schedule 13 to the Act—

(i)paragraph 57;

(ii)paragraph 60(4);

(iii)paragraph 67(1), (2) and (5); and

(iv)paragraph 100(2), (4) and (5); and

(d)the repeals in Schedule 14 to the Act specified in Schedule 2 to this Order.

Transitional provision

5.  The amendments of paragraph 10(3)(a) of Schedule 12 to the Local Government Finance Act 1992(5) brought into force by article 2 of this Order shall not affect the continuing operation of regulations made under that paragraph(6) in relation to a financial year (within the meaning of that Act) beginning before 1st April 1995.

Amendment of earlier Order

6.  Article 3(c)(xiii) of the Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994(7) is hereby amended by deleting the words “(1) and”.

Article 4(a)

SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1995

Article 4(d)

SCHEDULE 2REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 1ST APRIL 1995

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 31st December 1994 (article 2), on 4th January 1995 (article 3) and on 1st April 1995 (article 4 and Schedules 1 and 2). The provisions commenced are principally concerned with rating and valuation matters.

Article 5 of the Order makes a transitional provision in connection with the provisions commenced by article 2, and article 6 makes a minor amendment of the Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994 (S.I. 1994/2850) provides for commencement of provisions in the Act as follows:—

(a)on 8th November 1994, sections 1, 5, 7, 12, 57, 61, 97(6), 125, 137(1) (partially), 157, 177 (partially), 178, 181 (partially), 183(1) and 184, and Schedules 1 and 2; and

(b)on 4th January 1995, sections 8 to 11, 13 to 17, 24, 34, 38, 40, 44, 47, 49, 50, 51(3), 60, 97, 101, 104, 113, 114, 115, 124, 126, 137, 141, 143, 146 to 151, 165 to 167, 170, 172, 173, 175, 179, 180 (partially) and 182, and Schedules 5, 13 and 14 (both partially).