Local Government (Scotland) Act 1966

Miscellaneous and GeneralS

35 Placing of staff etc. of local authority at disposal of Secretary of State or of another local authority.S

(1)A local authority [F1within the meaning of section 113(1) of the M1Town and Country Planning (Scotland) Act 1947] may enter into an agreement with the Secretary of State or another local authority for the placing at his or their disposal, for the purposes of any function of a party to the agreement under any enactment (including an enactment in any local Act) or any instrument whether passed or made before or after the passing of this Act, on such terms as may be provided by the agreement, of the services of persons employed by the local authority and of any premises, equipment and other facilities under their control.

[F2(1A)A local authority within the meaning of section 33 of the M2Vehicle and Driving Licences Act 1969 may enter into an agreement with the Minister of Transport for the placing at his disposal, for the purpose of any of the relevant functions within the meaning of the said Act of 1969, on such terms as may be provided by the agreement, of the services of persons employed by the local authority and of any premises, equipment and other facilities under their control.]

(2)For the avoidance of doubt it is hereby declared that for superannuation purposes, in the absence of agreement to the contrary, service rendered by a person whose services are placed by a local authority at the disposal of the Secretary of State [F1or the Minister of Transport] or another local authority in pursuance of this section is service rendered to the first-mentioned local authority.

(3)In this section . . . F3“premises” includes land and buildings.

36, 37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4S

38 Amendment of section 187 of the Local Government (Scotland) Act 1947. S

The fee payable to clerks of the peace when justices of the peace qualify as such shall henceforth be paid by the county council or town council concerned, and accordingly there shall be inserted at the end of section 187 of the M3Local Government (Scotland) Act 1947 the following words:—

“ In this section ”fees’ includes the fee for the time being prescribed by virtue of section 29 of the Licensing (Scotland) Act 1959 which is payable to clerks of the peace when justices of the peace qualify as such. ”.

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5S

40 Interpretation of “public utility undertaking” in section 379(1) of Local Government (Scotland) Act 1947.S

For the avoidance of doubt it is hereby declared that the definition of “public utility undertaking” in section 379(1) of the M4Local Government (Scotland) Act 1947 does not include an aerodrome undertaking or any business ancillary thereto.

41 Payments by local authorities to offset effect of selective employment tax.S

A local authority within the meaning of [F6the M5Town and Country Planning (Scotland) Act 1972] may make to any person such payments as the authority consider appropriate for the purpose of offsetting, either wholly or in part, payments by way of the selective employment tax made by that person in respect of persons employed for the purposes of any contract entered into by the authority before 4th May 1966.

42 Amendment of certain enactments relating to licences.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2)The enactments mentioned in the first column of Part II of Schedule 4 to this Act (which specify fees or maximum fees for licences, certificates or permits to which those enactments relate or for registration under those enactments) may be amended, by an order made by the Minister or department specified in relation to the enactment in question in the second column of the said Part II, so as to vary any sum specified by that enactment or so as to provide that any sum payable under that enactment shall cease to be so payable; and an order under this subsection may be limited to such cases as may be specified by the order and may make different provision for different cases specified by the order.

(3)Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8S

44 Game Licences.S

(1)The duties chargeable in Scotland under the M6Game Licences Act 1860 and section 5 of the M7Customs and Inland Revenue Act 1883 shall be levied by [F9local authorities]and accordingly those duties shall cease to be Excise duties.

(2)The Secretary of State may by order make such provision as it seems necessary or expedient to make for giving effect to the foregoing subsection, and without prejudice to that generality may make provision for—

(a)transferring to [F9islands and district councils] the powers of the Commissioners of Customs and Excise in relation to duties and licences under the said Act of 1860;

(b)(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(d)the form of, and the keeping of registers of, such licences.

(3)Any statutory instrument containing an order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)This section shall come into force on 16th May 1967.

45 Orders and regulations.S

(1)Any power conferred on the Secretary of State by this Act to make an order or regulations shall be exercisable by statutory instrument.

(2)Any power conferred by this Act to make an order includes the power to vary or revoke the order by a subsequent order made in the like manner and subject to the like conditions.

46 General interpretation.S

(1)In this Act, unless the context otherwise requires—

• “the Act of 1963” means the M8Local Government (Financial Provisions) (Scotland) Act 1963;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

• “housing revenue account” has the same meaning as in section [F12203 of the Housing (Scotland) Act 1987];

• “joint board” includes a combination or joint committee of local authorities;

• “land” includes land covered by water and any interest in or right over land;

• “local authority” means a [F13council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• [F15“product of a rate of [F16one new penny] in the pound” and “standard penny rate product” have the meanings assigned to them by section 9 of the Act of 1963;]

• [F17. . .]

• [F18 “rating authority” has the meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994;

• [F19 “road”has the same meaning as in the Roads (Scotland) Act 1984;]

• “Valuation Acts” means the M9Lands Valuation (Scotland) Act 1854, . . . F20 the Acts amending that Act [F21and any other enactment relating to valuation];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

• “water undertaking” means an undertaking for the supply of water carried on by a local water authority;

• “year” has the meaning assigned to it by section 26(2) of the Act of 1963; and

• “year of revaluation” has the meaning assigned to it by section [F2337 of the M10Local Government (Scotland) Act 1975].

(2)References in this Act to any enactment are references to that enactment as amended by or under any subsequent enactment including this Act.]

47 Expenses.S

There shall be defrayed out of moneys provided by Parliament—

(a)any sums required for the payment of grants under this Act or of other expenses of the Secretary of State under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of such moneys under any other Act.

48 Amendments and repeals.S

(1)The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

49 Short title and extent.S

(1)This Act may be cited as the Local Government (Scotland) Act 1966.

(2)This Act shall extend to Scotland only.