2003 No. 134 (C. 7)

LOCAL GOVERNMENT

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

Made

The Scottish Ministers, in exercise of the powers conferred by section 62(2) of the Local Government in Scotland Act 20031 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation1

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.

Appointed days2

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.

PETER J PEACOCKAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

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

Article 2(1)

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

(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.