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Local Government (Scotland) Act 1973

Status:

This is the original version (as it was originally enacted).

PART IIMinor and Consequential Amendments

The [1815 c. 42.] Jury Trials (Scotland) Act 1815

1In section 20 (summoning of jurors), for the words " county, city, town or place" there shall be substituted the words " sheriff court district ", and for the words " counties, cities, towns or places " there shall be substituted the words " sheriff court districts ".

The [1822 c. 33.] Riotous Assemblies (Scotland) Act 1822

2In section 10 (compensation for damage by riot), for the words " town clerk of the city or burgh within which " there shall be substituted the words " regional or islands council within whose area " ; and the words from " or the clerk of supply " to " city or burgh", where they occur second, shall cease to have effect; and for the words from " the justices " onwards there shall be substituted the words " any competent court in Scotland ".

The [1925 c. 22.] Jurors (Scotland) Act 1825

3In section 1 (qualification of jurors), the words " in any county " shall cease to have effect, and for the words " county or shire, city or place " there shall be substituted the words " sheriff court district ".

4For section 3 (rolls of jurors) there shall be substituted the following section:—

3General jury book.

The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as ' the general jury book', containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk's office for the district and shall be open on all lawful days to the inspection of any person.

5For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

7Jurors for High Court and Court of Session trials in Edinburgh.

The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified.

6For section 8 (jurors for circuit trials) there shall be substituted the following section:—

8Jurors for High Court when on Circuit.

Where the High Court of Justiciary is to be on circuit, the sheriff principal of the sheriffdom in which a trial is to be held shall requisition from the sheriff court districts in which the circuit is to take place the required number of jurors for that trial in such proportions as may be specified by that Court in an Act of Adjournal.

7In section 9 (jurors in inferior courts), for the word " county " there shall be substituted the words " sheriff court district ".

8In section 10 (order in which names of jurors to be taken), for the words " counties and " there shall be substituted the words " sheriff court ", and for the word "counties" there shall be substituted the words " sheriff court districts ".

The [1868 c. 100.] Court of Session Act 1868

9In section 45 (mode of returning jurors), for the words from " of Edinburgh " to " counties " there shall be substituted the word " principal ".

The [1875 c. 17.] Explosives Act 1875

10In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

(1)A regional or islands council; and.

11In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—

(a)The regional or general rate, as the case may be ; and.

The [1882 c. 49.] Militia Act 1882

12In section 34(2) (gazetting of commissioners), for the words " county rate" there shall be substituted the words " regional or general rate ".

The [1882 c. 56.] Electric Lighting Act 1882

13In section 31(b) (definition of local authority), for the words " county or town " there shall be substituted the words " regional, islands or district ".

14In section 36 (application to Scotland), in the definition of " local authority ", after the word " streets ", in both places where it occurs, there shall be inserted the word " sewers ".

The [1887 c. 35.] Criminal Procedure (Scotland) Act 1887

15In section 47 (area from which jury summoned), for the word "county" there shall be substituted the words " sheriff court district " , and the words from " but in all cases" onwards shall cease to have effect.

The [1892 c. 54.] Allotments (Scotland) Act 1892

16In section 2(1) (duty to acquire land for allotments), the following amendments shall be made—

(a)for the words from " the case of a burgh " to " that parish " there shall be substituted the words " their area ";

(b)for the words " the burgh or parish " there shall be substituted the words " the area ";

(c)for the words " such burgh or in such parish " there shall be substituted the words " their area ";

(d)for the words " the said burgh or the said parish " there shall be substituted the words " their area ";

(e)for the words " the said burgh or parish " there shall be substituted the words " their area ".

17In section 6(2) (management of allotments), for the words " the burgh or parish " there shall be substituted the words " their area ".

18In section 8(2) (recovery of rent), for the words from "the burgh " to " provided " there shall be substituted the words " their area " and for the words " the burgh or parish " (in both places where they subsequently occur) there shall be substituted the words " their area ".

19In section 14 (register of tenancies), for the words " the burgh or the parish " there shall be substituted the words " their area ", for the words " such burgh or parish " there shall be substituted the words " such area " and for the words " burgh or parish " (where last occurring) there shall be substituted the word " area ".

20In section 16 (definitions), in the definition of "local authority ", for the words from " in " (where first occurring) onwards there shall be substituted the words " an islands or a district council ".

The [1894 c. 58.] Local Government (Scotland) Act 1894

21Sections 3 to 25 shall cease to have effect.

22Sections 42 to 48 shall cease to have effect.

23In section 54, the definitions of " police burgh", " Public Health Acts", " Education Acts ", and " burgh" shall cease to have effect.

The [1894 c. 60.] Merchant Shipping Act 1894

24In section 515 (liability of locality for compensation for plundered vessel), for the words " inhabitants of the county, city or borough " there shall be substituted the words " council of the region or islands area ".

25In section 668 (Commissioners of Northern Lights), the following amendments shall be made—

(a)in subsection (1)(b), for the words "provosts of Inverness and Campbeltown" there shall be substituted the words " chairmen of the Inverness and Argyll district councils ";

(b)in subsection (3), for the words from " provost" to " near " there shall be substituted the words " chairman of any district council which include in their area ".

The [1897 c. 38.] Public Health (Scotland) Act 1897

26In section 3 (definitions),—

(a)the definitions of " sanitary inspector ", " clerk ", " parish ", " burgh ", " county ", and " district committee " shall cease to have effect,

(b)for the definition of " district" there shall be substituted the following definition—

Except in section 12 and, where it second occurs in section 36(4) of this Act, the word ' district' means the area of the local authority for the purposes of this Act.

27In section 6, for the words " parish council" there shall be substituted the words " local authority ".

28For section 12 there shall be substituted the following section—

12Local authorities for the purposes of the Act.

The islands or district council shall be the local authority for the purposes of this Act.

29Section 15 (reports and returns), shall cease to have effect.

30In section 18 (power of entry), the words "magistrate or" and the word " magistrate ", in each place where it occurs thereafter, shall cease to have effect.

31In section 19 (information of nuisances), the words "of the county or burgh " shall cease to have effect.

32In section 22 (proceedings in respect of nuisance),—

(a)the words " magistrate or ", in each place where they occur,

(b)the words " or on a representation by a parish council ",

(c)the words " to the collector of the churchyard or other dues, or " and

(d)the word " other ", where it second occurs,

shall cease to have effect.

33In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155, and 177, the word "magistrate" or "magistrates", in each place where either of them occurs, shall cease to have effect.

34Section 28 shall cease to have effect.

35In section 31 (waterclosets etc. used in common) the words " or of their sanitary inspector " shall cease to have effect.

36In section 32 (offensive businesses) in subsection (2), the words from " but, in the case " onwards shall cease to have effect.

37In section 36 (complaint of nuisance from offensive trade), in subsection (1), the words " or from a representation by a parish council" shall cease to have effect.

38In section 37 (nuisance by local authority in dealing with refuse),—

(a)in subsection (1),—

(i)the words from " by the county " to " any district " shall cease to have effect,

(ii)the words " such county council or " shall cease to have effect,

(b)in subsection (2), the words from " and for the purpose " onwards shall cease to have effect.

39In section 39 (scavenging of highways)—

(a)in the first paragraph for the words from the beginning to " situated " there shall be substituted the words " A local authority " and the words " within such special scavenging district " shall cease to have effect;

(b)in the second paragraph for the words " within such special district" and for the words from " district committee " to " council) " there shall be substituted respectively the words " in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not applyand " local highway authority within the meaning of the Local Government (Scotland) Act 1973 ". "

40In section 42 (removal of manure), the words " in any special scavenging district", in both places where they occur, shall cease to have effect.

41In section 94 (power to require additional supply of water), the words from " but in the case " onwards shall cease to have effect.

42Section 118 shall cease to have effect.

43Section 121 (combination of local authorities as to sewerage) shall cease to have effect.

44In section 146 (procedure on neglect of duty),—

(a)in subsection (1), the words " or for a parish council" and " of the county " shall cease to have effect, and

(b)in subsection (2) the words "or for any parish council" shall cease to have effect.

45In section 157, the words " magistrate or " shall cease to have effect.

46In section 158, the words "or magistrates" shall cease to have effect.

47In section 162, the words " magistrate or", where they first occur, and the word " magistrate", where it second occurs, shall cease to have effect.

48Sections 191 (saving for county councils and standing joint committees) and 192 (saving of local Acts) shall cease to have effect.

The [1899 c. 19.] Electric Lighting (Clauses) Act 1899

49In the Schedule, at the end of section 10, there shall be added the following words—

In this section,' local authority' means both the regional and district council, or, as the case may be, the islands council, within whose area the electric line is proposed to be placed.

The [1913 c. 17.] Fabrics (Misdescription) Act 1913

50For section 7(2) (application to Scotland) there shall be substituted the following subsection—

(2)The local authority for the purposes of this Act shall be the local weights and measures authority as defined in section 36 of the [1963 c. 31.] Weights and Measures Act 1963.

The [1914 c. 46.] Milk and Dairies (Scotland) Act 1914

51In section 2 (definitions), at the end there shall be added the following definition—

  • " local authority " means an islands or district council.

52In section 31(1) (repeal), for the word " burgh " there shall be substituted the word " area " and for the words from " authorities " onwards there shall be substituted the words " authority concerned ".

The [1916 c. 13.] Police, Factories &c. (Miscellaneous Provisions) Act 1916

53In section 5(3) (byelaws as to street collections), for the words from the beginning to " include a " there shall be substituted the words " An islands or district council shall have " and for the words " the county " there shall be substituted the words " their area ".

The [1919 c. 97.] Land Settlement (Scotland) Act 1919

54In section 18(2) (powers regarding allotments), for the words " town councils " and " town council" there shall be substituted respectively the words " local authorities " and " local authority ".

The [1919 c. 100.] Electricity (Supply) Act 1919

55In section 21 (overhead wires), for the words from "and the local" onwards there shall be substituted the words " and the planning authority an opportunity of being heard " and, at the end, there shall be added the following words—

In this section,' local authority' means both the regional and district council, or, as the case may be, the islands council, within whose area the electric line is proposed to be placed, and ' planning authority' means both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973) within whose district the electric line is proposed to be placed..

The [1922 c. 35.] Celluloid and Cinematograph Film Act 1922

56In section 10(1) (application to Scotland), in the definition of " Local authority " for the words " county or burgh " there shall be substituted the words " region or islands area ".

57In section 11(2), after the word "the" there shall be inserted the words " area of the former ".

The [1922 c. 52.] Allotments (Scotland) Act 1922

58In section 7 (common pasture), for the words " the burgh or parish" (wherever they occur) there shall be substituted the words " their area ".

59In section 10(1) (powers of entry), for the words " town council or parish council" there shall be substituted the words " local authority ".

60In section 19(1) (interpretation), in the definition of "local authority ", for the words " a town council or parish " there shall be substituted the words " an islands area or a district ".

The [1922 c. 54.] Milk and Dairies (Amendment) Act 1922

61In section 2 (refusal of registration), at the end there shall be added the following subsection—

(4)In this section ' local authority' means an islands or district council.

62In section 14(f) (application to Scotland), for the words from "this Act", where second occurring, onwards there shall be substituted the words " section 3 of this Act shall be enforced by islands or district councils ".

The [1925 c. 33.] Church of Scotland (Property and Endowments) Act 1925

63In section 22 (burgh churches)—

(a)after subsection (2), there shall be inserted the following subsection—

(2A)References in any scheme made under this section of (this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.;

(b)in subsection (3), for the words " town council of the burgh " there shall be substituted the words " council of the district " and for the words " town council ", where second occurring, there shall be substituted the words " district council ";

(c)in subsection (4)—

(i)before the word " burgh", where second, third and fourth occurring, there shall be inserted the word " former ";

(ii)the words " continue to" shall cease to have effect;

(iii)for the words " town councils of the said burghs " there shall be substituted the words " councils of the districts in which these churchyards are situated ".

64In section 26 (transfer of parish churches etc.), for the word "parish" there shall be substituted the word " district ".

65In section 28(4) (transfer of rights in parish churches etc.), for the words " town councils in their capacity as town " there shall be substituted the words " islands and district ".

66In section 32 (transfer of parish churchyards)—

(a)for the words " parish council", wherever occurring, there shall be substituted the words " islands or district council ";

(b)subsection (3) shall cease to have effect;

(c)in subsection (4), the words " or other local authority ", in each place where they occur, shall cease to have effect.

67In section 33 (preservation of monuments etc.), for the words "parish council", in both places where they occur, there shall be substituted the words " islands or district council ".

The [1926 c. 51.] Electricity (Supply) Act 1926

68In section 35(2) (protection of county bridges), for the words from "county road board" onwards there shall be substituted the words " regional or islands council concerned ".

The [1928 c. 19.] Agricultural Produce (Grading and Marking) Act 1928

69In section 8 (application to Scotland), for the words from " town " to " borough " there shall be substituted the words " region or islands area shall be substituted for references to a county ".

The [1928 c. 29.] Slaughter of Animals (Scotland) Act 1928

70In section 7 (definitions), at the end there shall be added the following definition—

(e)" local authority " means an islands or district council.

The [1928 c. 32.] Petroleum (Consolidation) Act 1928

71In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)in a region, the regional council;

(b)in an islands area, the islands council..

The [1929 c. 25.] Local Government (Scotland) Act 1929

72Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73In section 29, for the words from " county council" to " large burgh " there shall be substituted the words " regional, islands or district council ".

74Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75In section 77, the following amendments shall be made—

(a)subsection (1), other than the definitions of "Agricultural Lands and Heritages ", " Industrial Lands and Heritages ", " Freight Transport Lands and Heritages ", " Industrial Purposes " and " Freight Transport Purposes ", " Functions ", "Rate", "Rating Authority" and "Water Rate", and subsections (2) and (3) and (5) to (8) shall cease to have effect; and

(b)in the said subsection (1), in the said definition of " Rating Authority ", for the words from " means, as respects " to " town council " there shall be substituted the words " shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ".

76Section 79 and Schedules 1, 2 and 5 shall cease to have effect.

The [1930 c. 51.] Reservoirs (Safety Provisions) Act 1930

77In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.

The [1931 c. 41.] Agricultural Land (Utilisation) Act 1931

78In section 24(a) (application to Scotland), for the words " a town" there shall be substituted the words " an islands area ".

The [1933 c. 44.] Church of Scotland (Property and Endowments) Amendment Act 1933

79In section 2(2) (transfer of certain churchyards)—

(a)for the words " county or burgh " there shall be substituted the words " islands area or district ";

(b)the words from " or, in the case " onwards shall cease to have effect.

The [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936

80In section 11(6) (powers of county council and town council to report to Commissioners), for the words " county council or town council" there shall be substituted the words " regional, islands or district council ".

The [1937 c. 37.] Children and Young Persons (Scotland) Act 1937

81In section 110 (interpretation) the following amendments shall be made—

(a)in subsection (1), for the definition of " Local authority " there shall be substituted the following definition—

  • ' Local authority ' means a regional or islands council.,

and the definition of " Large burgh " shall cease to have effect, and

(b)subsection (2) shall cease to have effect.

The [1937 c. 6.] Air-Raid Precautions Act 1937

82In section 13 (application to Scotland) the following amendments shall be made—

(a)in subsection (2), for the words from " for any reference to a county borough " to the end there shall be substituted the words " and for any reference to a county there shall be substituted a reference to a region or islands area ";

(b)in subsection (3), for the words " county and town " there shall be substituted the words " islands and district ";

(c)in subsection (4), for the word " county" where it first occurs and the words " county (including any small burgh therein)" there shall be substituted respectively the words " regional " and " region " and the words from " and, as regards " to the end shall cease to have effect;

(d)in subsection (6), for the words from " includes" to the end there shall be substituted the words " means a regional, islands or district council ";

(e)subsections (9), (10) and (12) shall cease to have effect.

The [1939 c. 31.] Civil Defence Act 1939

83In section 91 (application to Scotland) the following amendments shall be made—

(a)in subsection (2)(a), in the substituted section 11(1), for the words " county or town " there shall be substituted the words " a regional or islands " , and for the substituted section 11(2) there shall be substituted the following subsection:—

(2)The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.;

(b)in subsection (2)(b), for the words from " the council" to " situated " there shall be substituted the words " an islands or district council " and in the proviso for the words from " includes" to the end there shall be substituted the words " means a regional, islands or district council ";

(c)in subsection (2)(c), for the words from " the expression " to the end there shall be substituted the words " other than in section 33 the expression " local authority" means an islands or district council " ;

(d)for subsection (23) there shall be substituted the following subsection:—

(23)in section 64(1), for the words from the beginning to ' district' there shall be substituted the words ' Any regional, islands or district council';

(e)in subsection (26), for the words " small burgh " where they first occur and the words "council of the small burgh to the county " there shall be substituted respectively the word " district " and the words " district council to the regional " and at the end there shall be added the words " and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ";

(f)in subsection (27), for the words " small burgh " where they first occur there shall be substituted the word " district ", in the substituted subsection (2)(a), for the words " small burgh " and " county " wherever they occur there shall be substituted respectively the words " district " and " regional" and in the substituted subsection (2)(c) for the word " county " there shall be substituted the words " regional or islands ";

(g)in subsection (33) for the words " county or town council" there shall be substituted the words " local authority ";

(h)subsection (2)(d), (e) and (f), in subsection (3) the definitions of " large burgh " and " small burgh " and subsections (15), (18), (19), (25) and (31) shall cease to have effect.

The [1945 c. 15 (9 & 10 Geo. 6.).] Public Health (Scotland) Act 1945

84In section 1(8) (interpretation), for the definition of "local authority" there shall be substituted the following definition—

  • the expression ' local authority' means an islands or district council.

The [1947 c. 22.] Civic Restaurants Act 1947

85In section 1(1)(c) (power to establish restaurants), for the words " a county or town council" there shall be substituted the words " an islands area or district council ".

86In section 4(3) (interpretation), for the words " a county, town " there shall be substituted the words " an islands area ".

The [1947 c. 54.] Electricity Act 1947

87In section 68(3) (application to Scotland), for the words " county or town" there shall be substituted the words " regional, islands or district ".

The [1948 c. 26.] Local Government Act 1948

88In section 133(3)(i) (war memorials) for the words " sections two and " there shall be substituted the word " section ".

The [1948 c. 29.] National Assistance Act 1948

89In section 33(1) (local authorities for certain purposes of the Act), for the words " the council of a county or of a large burgh in Scotland." there shall be substituted the words " a regional or islands council in Scotland. ".

90In section 41(2)(a) (registration of charities for disabled persons), for the words " counties " and " large burghs " there shall be substituted respectively the words " regions " and " islands areas ".

91In section 47(12) (removal of persons in need of care), for the words " counties and large burghs " there shall be substituted the words " regions and islands areas ".

92In section 48(4) (temporary protection for property of hospitalised persons), for the words " county ", where first occurring, and " large burgh" there shall be substituted respectively the words " region " and " islands area ".

93In section 50(2) (burial etc. of dead), for the words "county and town" there shall be substituted the words " islands and district ".

94In section 65(e) (application to Scotland), for the words " county or town " there shall be substituted the words " regional or islands ".

The [1948 c. 5. (12, 13 & 14 Geo. 6.).] Civil Defence Act 1948

95In section 9(1) (interpretation), in the definition of "local authority", for the words from " has" onwards there shall be substituted the words " means a regional, islands or district council ".

The [1949 c. 47.] Finance Act 1949

96In section 15 (transfer of duties on moneylenders' and pawnbrokers' licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—

(a)the local authority shall be an islands or district council.

The [1949 c. 67.] Civil Aviation Act 1949

97In section 19(9) (power of local authorities to provide aerodromes), after " section " insert " the expression ' local authority' means a regional or islands council and ".

98In section 63(1) (interpretation), in the definition of "local authority", for the words from " county council" onwards there shall be substituted the words " regional, islands or district council ".

The [1949 c. 94.] Criminal Justice (Scotland) Act 1949

99In section 78(1) (interpretation), the definitions of " large burgh " and " small burgh " shall cease to have effect.

The [1949 c. 97.] National Parks and Access to the Countryside Act 1949

100In section 21(1) (nature reserves), after the word " borough " there shall be inserted the words " or in Scotland a regional, islands or district council ".

101In section 23 (areas of special scientific interest), for the words "local planning authority" there shall be substituted the words " regional, general or district planning authority (within the meaning of Part IX of the Local Government (Scotland) Act 1973) ".

102In section 99(2) (contributions by local authorities), for the words from " means " to the end there shall be substituted the words " means a regional, islands or district council ".

103In section 103(7) (acquisition of land), for the words from " 156 " to " 1947 " there shall be substituted the words " 70 of the Local Government (Scotland) Act 1973 ".

104In section 104(10) (appropriation etc. of land), for the words from " or of " onwards there shall be substituted the words " or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ".

105In section 106(4)(a) (byelaws), for the words from " 1947 " to " 303 " there shall be substituted the words " 1973 and to sections 201 to 204 ".

The [1950 c. 38.] Allotments (Scotland) Act 1950

106In section 9(a) (restriction of obligations to provide allotments), for the words "town council of a burgh" there shall be substituted the words " council of an islands area or a district ".

107In section 13(1)(b) (interpretation), for the words "a town council " there shall be substituted the words " an islands council ".

The [1951 c. 63.] Rag Flock and Other Filling Materials Act 1951

108In section 36(3) (application to Scotland), for the words "a county or town council" there shall be substituted the words " an islands or district council ".

The [1952 c. 61.] Prisons (Scotland) Act 1952

109In section 7(1) (visiting committees), for the words "county and town " there shall be substituted the words " regional, islands and district ".

110In section 14 (legalised police cells), the following amendments shall be made—

(a)in subsection (1), for the words "the police authority of any county or burgh " there shall be substituted the words " a police authority ";

(b)in subsection (2) for the words " county or burgh", in both places where they occur, there shall be substituted the words " region or islands area ";

(c)in subsection (5), for the words " county or burgh" there shall be substituted the words " region or islands area ";

(d)in subsection (6), for the words from " County of Orkney " onwards there shall be substituted the words " islands area of Orkney or of Shetland ";

(e)in subsection (7), for the words from " county" onwards there shall be substituted the words " regional or islands council, except that where there is an amalgamation scheme in force under the [1967 c. 77.] Police (Scotland) Act 1967 it means a joint police committee ".

111In section 16 (discharge of prisoners), for the words " county or burgh ", in both places where they occur, there shall be substituted the words " district or islands area ".

The [1953 c. 36.] Post Office Act 1953

112In section 51(5)(a) (power of local authority to contribute towards new post office, etc.), for the words from " or urban district" onwards there shall be substituted the words " urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof ; and references to a contributory place and to a parish meeting shall be omitted; ".

The [1953 c. 47.] Emergency Laws (Miscellaneous Provisions) Act 1953

113In section 5(6)(b) (letting of land), for the words "a county, town " there shall be substituted the words " an islands ".

The [1953 c. 50.] Auxiliary Forces Act 1953

114In Schedule 1 (schemes for constitution of associations), for paragraph 2 there shall be substituted the following paragraph—

2A scheme for the constitution of an association shall provide—

(a)in the case where an association area coincides with a region or where a region contains two or more association areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in the region or from such other persons as the Defence Council may think fit, or

(b)in the case where an association area falls within two or more regions, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in those regions or from such other persons as the Defence Council may think fit..

The [1954 c. 30.] Protection of Birds Act 1954

115In section 14(1)—

(a)in the definition of " administrative area" for the words "county or large burgh" there shall be substituted the words " region, islands area or district ";

(b)in the definition of " authorised person ", in paragraph (b), for the words " local authority " there shall be substituted the words " islands or district council ";

(c)in the definition of " local authority ", for the words " county council and a town" there shall be substituted the words " regional, islands or district ".

The [1954 c. 42.] Slaughterhouses Act 1954

116In section 16 (interpretation), in the definition of "local authority", for the words from " a county" onwards there shall be substituted the words " an islands or district council ".

The [1954 c. 49.] Long Leases (Scotland) Act 1954

117In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of " local authority ", for the words from "county" onwards there shall be substituted the words " regional, islands or district council ".

The [1955 c. 18.] Army Act 1955

118In section 214(5) (application to Scotland), for the words " county or town " there shall be substituted the words " regional, islands or district ".

The [1955 c. 19.] Air Force Act 1955

119In section 212(5) (application to Scotland) for the words " county or town " there shall be substituted the words " regional, islands or district ".

The [1955 c. 21.] Crofters (Scotland) Act 1955

120In section 37(1) (interpretation), in the definition of " crofting counties", after the word " the " there shall be inserted the word " former "

The [1956 c. 30.] Food and Drugs (Scotland) Act 1956

121In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—

(5)In this section ' local authority' means an islands or district council.

122In section 21 (cold stores), at the end there shall be added the following subsection—

(2)In this section ' local authority' means an islands or district council.

123In section 26 (administrative authorities), the following amendments shall be made—

(a)in subsection (3), for the words "county councils, town councils" there shall be substituted the words " regional councils, islands councils, district councils ";

(b)for subsection (4) there shall be substituted the following subsection—

(4)Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act ' local authority' means a regional, islands or district council.

124In section 27 (public analysts), at the end there shall be added the following subsection—

(7)In this section ' local authority' means a regional or islands council.

125In section 29(3) (analysis of samples), after the words " local authority" there shall be inserted the words " who appointed the analyst ".

126In section 35(2) (quarterly reports) for the words "local authority" there shall be substituted the words " regional and islands council ".

The [1956 c. 49.] Agriculture (Safety, Health and Welfare Provisions) Act 1956

127In section 25(10) (application to Scotland), in the definition of " local authority ", for the words " county or town " there shall be substituted the words " regional, islands or district ".

The [1956 c. 52.] Clean Air Act 1956

128In section 34(1) (interpretation), in the definition of " local authority ", for the words " a county or town council" there shall be substituted the words " an islands or district council ".

The [1957 c. 48.] Electricity Act 1957

129In section 34(10) (public inquiries), at the end there shall be added the following words— " and ' planning authority' means the regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ".

130In Schedule 2 (supplementary provisions as to public inquiries), in paragraph 1(a), for the words from second "in" to " not" there shall be substituted the words " which is not within the area of a planning authority who have ".

131In Schedule 4 (amendment of enactments), in the item relating to the [1909 c. 34.] Electric Lighting Act 1909, for the words from " and with " onwards there shall be substituted the words " the provisions of the said section 2 shall apply to the Scottish Electricity Boards as they apply to the Generating Board with the following modifications—

(a)' local authority' means both the regional and district council, or, as the case may be, the islands council concerned;

(b)for the references to the local planning authority there shall be substituted references to both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973)."

The [1957 c. 59.] Coal-Mining (Subsidence) Act 1957

132In section 1(3)(i) (duty of National Coal Board in respect of damage), for the words " county or town " there shall be substituted the words " regional or islands ".

The [1958 c. 24.] Land Drainage (Scotland) Act 1958

133In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of "local authority", for the words " county, town" there shall be substituted the words " regional, islands

The [1958 c. 33.] Disabled Persons (Employment) Act 1958

134In section 3 (provision of sheltered employment), the following amendments shall be made—

(a)in subsection (1), for the words "Minister of Labour and National Service" there shall be substituted the words " Secretary of State ";

(b)in subsection (3), for the words from " in accordance" onwards there shall be substituted the words " subject to the approval of the Secretary of State ";

(c)subsection (4) shall cease to have effect;

(d)in subsection (5), for the words from " county or of a large burgh" onwards there shall be substituted the words " region or islands area ".

135The Schedule shall cease to have effect.

The [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958

136In section 10(2) (committal of child to local authority), for the words " county or large burgh" there shall be substituted the words " region or islands area ".

137In section 12(2) (supervision of child by local authority), for the words " county or large burgh " there shall be substituted the words " region or islands area ".

138In section 15 (interpretation), the words from "and the expression " onwards shall cease to have effect.

The [1958 c. 49.] Trading Representations (Disabled Persons) Act 1958

139In section 1(5) (sellers of goods for blind persons, etc.), for the words "county or town" there shall be substituted the words " regional, islands or district ".

The [1958 c. 65.] Children Act 1958

140In section 17 (interpretation), in the definition of "local authority ", for the words " county or large burgh " there shall be substituted the words " region or islands area ".

The [1958 c. 69.] Opencast Coal Act 1958

141In section 52(2) (application to Scotland), after the definition of " land " there shall be inserted the following definition—

  • ' local authority ' has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973 ;.

The [1958 c. 5. (7 & 8 Eliz. 2.).] Adoption Act 1958

142In section 28(1) (local authorities for the purposes of the Act), for the words from " counties and large burghs" onwards there shall be substituted the words " regions and islands areas. ".

The [1959 c. 40.] Deer (Scotland) Act 1959

143In paragraph 11 of Schedule 2 (control schemes), for the words from " subsections " to " 1947 " there shall be substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ", and for the word " 355 ", where second occurring, there shall be substituted the word " 210 ".

The [1960 c. 34.] Radioactive Substances Act 1960

144In section 20 (application to Scotland), in the definition of " local authority," for the words " a county or town council" there shall be substituted the words " the regional, islands or district council ".

The [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960

145In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from " 108 " onwards there shall be substituted the words " 124 of the Local Government (Scotland) Act 1973 ".

The [1960 c. 68.] Noise Abatement Act 1960

146In section 1(5)(a) (noise or vibration nuisance), for the words " a county or town council" there shall be substituted the words " the islands or district council ".

147In section 2(5)(b) (restriction of operation on highways etc. of loudspeakers), for the words " a county council, town council" there shall be substituted the words " the islands ".

148In section 4 (saving for byelaws), for the words " subsection (5) of section 300 of the [1947 c. 43.] Local Government (Scotland) Act 1947 " there shall be substituted the words " section 201(3) of the Local Government (Scotland) Act 1973 ".

The [1961 c. 40.] Consumer Protection Act 1961

149In section 6(3)(b), the words from " but as if " onwards shall cease to have effect.

150In paragraph 7 of the Schedule (provision as to inspection, testing and enforcement by local authorities), for the words following " Scotland means" there shall be substituted the words " the local weights and measures authority as defined in section 36 of the [1963 c. 31.] Weights and Measures Act 1963 ".

The [1961 c. 41.] Flood Prevention (Scotland) Act 1961

151In section 15(1) (interpretation), the following amendments shall be made:—

(a)for the definitions of " local authority " and " area " there shall be substituted the following definition:—

  • " local authority " has the meaning assigned to it by section 1(2) of this Act;

(b)for the definition of " sewer " there shall be substituted the following definition:—

  • " sewer " has the same meaning as in section 59 of the [1968 c. 47.] Sewerage (Scotland) Act 1968 ;

(c)in the definition of " water main ", for the words from " and 1949 " onwards there shall be substituted the words " to 1967 ".

The [1962 c. 37.] Building Societies Act 1962

152In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from " county" onwards there shall be substituted the words " regional, islands or district council ".

The [1964 c. 67.] Local Government (Development and Finance) (Scotland) Act 1964

153In section 4 the following amendments shall be made—

(a)for the words " a local authority " or " the local authority ", in each place where they occur, there shall be substituted respectively the words " an islands or district council " or " the islands or district council " ;

(b)in subsection (1)(a), for the word " them" there shall be substituted the words " any local authority or general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ";

(c)in subsection (1)(b), for the word " them" there shall be substituted the words " the islands or district council ".

154In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— " and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ".

155In section 16(1) (interpretation), in the definition of " local authority", for the words from " town" onwards there shall be substituted the words " regional, islands or district council ".

The [1965 c. 16.] Airports Authority Act 1965

156In section 12(2) (road traffic), for the words "or local authority (including the Greater London Council)" there shall be substituted the words " as defined in section 50(1) of the [1970 c. 20.] Roads (Scotland) Act 1970 ".

157In section 23(1) (interpretation), in the definition of "local authority", for the words "county or town" there shall be substituted the words " regional, islands or district ".

The [1965 c. 36.] Gas Act 1965

158In section 28(1) (interpretation), the following amendments shall be made:—

(a)in the definition of " local authority ", for the words " town or county " there shall be substituted the words " regional, islands or district ";

(b)in the definition of " local water authority ", for the words from " has" onwards there shall be substituted the words " means a water authority within the meaning of section 148 of the Local Government (Scotland) Act 1973 ".

159In Schedule 6 (power to enter on land), in paragraph 11, in the definition of " sewerage authority", for the words from " the council" onwards there shall be substituted the words " a regional or islands council ".

The [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965

160In section 1(2) (establishment of Board), after the words "be the " there shall be inserted the word " former ".

161In section 18(1) (interpretation), in the definition of "local authority ", for die words from " county" onwards there shall be substituted the words " regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ".

The [1966 c. 20.] Ministry of Social Security Act 1966

162In Schedule 4, in paragraph 2 (reception centres) in sub-paragraph (2), for die words " large burghs" there shall be substituted the words " regions, islands areas " , and sub-paragraph (5) shall be omitted.

The [1966 c. 30.] Reserve Forces Act 1966

163In section 20(1) (qualification for appointment as deputy lieutenant), for the words from the beginning to the end of paragraph (a) there shall be substituted the following words—

A person may be appointed to be a deputy lieutenant for an area if—

(a)he has a place of residence in the area or within seven miles from the boundary of the area ; and.

The [1966 c. 51.] Local Government (Scotland) Act 1966

164In section 10(4) (grants for reclamation of derelict land), for the words from "a local" onwards there shall be substituted the words " a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ".

165In section 43(1)(b) (dog licences), for the words from " county boroughs " onwards there shall be substituted the words " councils of counties or county boroughs and to clerks of such councils there shall be substituted respectively references to Scotland, to councils of islands areas or districts and to the proper officer of such councils ".

The [1967 c. 10.] Forestry Act 1967

166In section 40(2)(c)(ii) (compulsory purchase of land), for the words " county, town " there shall be substituted the words " regional, islands ".

The [1967 c. 24.] Slaughter of Poultry Act 1967

167In section 8 (interpretation), in the definition of "local authority ", for the words from " a county council" onwards there shall be substituted the words " an islands or district council ".

The [1967 c. 46.] Protection of Birds Act 1967

168In section 10 (publicising of effect of Protection of Birds Acts), for the words "county or large burgh" there shall be substituted the words " region or islands area ".

The [1967 c. 69.] Civic Amenities Act 1967

169In section 27(1) (interpretation of Part III), at the end of the definition of " local authority " there shall be added the words " and in relation to Scotland means an islands or district council

170In section 30(1) (general interpretation), in the definition of " local authority", for the words from " county" onwards there shall be substituted the words " regional, islands or district council ".

The [1967 c. 86.] Countryside (Scotland) Act 1967

171In section 57(1) (byelaws), for the words " 301 to 303 " there shall be substituted the words " 201 to 204 " and for the word " 1947 ", in both places where it occurs, there shall be substituted the word " 1973 ", and, in section 57(2), for the words " the said section 301 " there shall be substituted the words " section 202 of the said Act of 1973. "

172In section 78(1) (interpretation), the following amendments shall be made—

(a)in the definition of " local authority", for the words from " has " onwards there shall be substituted the words " means a regional, islands or district council ";

(b)in the definition of " planning authority ", for the words from " has " onwards there shall be substituted the words " means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. "

The [1968 c. 3.] Capital Allowances Act 1968

173In section 83(4)(c) (exclusion of initial allowances), after the word " 34(1) " there shall be inserted the words " or (2) ".

The [1968 c. 29.] Trade Descriptions Act 1968

174Section 26 (enforcing authorities) shall have effect as if—

(a)in subsection (1), after the words "measures authority" there were inserted the words " as defined in section 36 of the [1963 c. 31.] Weights and Measures Act 1963 " , and the words from " and section 37 " to the end shall cease to have effect;

(b)in subsection (3)(b), for the words " subsection (2) to (9) of section 355 of the [1947 c. 43.] Local Government (Scotland) Act 1947 " there were substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".

The [1968 c. 46.] Health Services and Public Health Act 1968

175In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—

(a)in subsection (2A)—

(i)for the words " council to which this subsection applies" there shall be substituted the words " district and islands council ",

(ii)the last paragraph shall cease to have effect,

(b)in subsection (2B)—

(i)in paragraph (a), for the words from "in relation to a county" onwards there shall be substituted the words " the regional or islands council. ",

(ii)paragraph (b) shall cease to have effect.

176In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—

(cc)for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities..

177For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—

(3)In this section ' local authority' means an islands or district council..

178In section 76(2) (grants in respect of functions relating to imported food), for the words from " county" to " 1947)" there shall be substituted the words " islands councils, district councils ".

The [1968 c. 47.] Sewerage (Scotland) Act 1968

179In section 3(3) (construction of sewers), for the words " 349 " and " 1947 " there shall be substituted respectively the words " 192 " and " 1973 ".

180In section 7 (agreements between highway and local authorities), the following amendments shall be made:—

(a)in subsection (1), for the words " a highway authority " and the word " streets " there shall be substituted respectively the words " the Secretary of State " and " trunk roads" ;

(b)in subsection (2), for the words " a highway authority " there shall be substituted the words " the Secretary of State ";

(c)in subsection (3), for the words " A highway authority or " there shall be substituted the words " The Secretary of State or a ";

(d)subsection (4) shall cease to have effect.

181For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—

(3)The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be..

182In section 59(1) (interpretation), in the definition of "local authority", for the words "county council or a town" there shall be substituted the words " regional or islands " , and at the appropriate place in alphabetical order there shall be inserted the following definition—

  • ' general rate ' and ' regional rate ' have the same meanings as in section 108 of the Local Government (Scotland) Act 1973 ;.

The [1968 c. 49.] Social Work (Scotland) Act 1968

183In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from " county councils" onwards there shall be substituted the words " regional and islands councils. " , and subsections (3) and (6) shall cease to have effect.

184In section 2(2) after paragraph (b) there shall be inserted the following paragraph—

(bb)the [1973 c. 33.] Disabled Persons (Employment) Act 1958.

185In section 36 (appointment of reporter)—

(a)in subsection (1), the words " in accordance with the provisions of this section " shall cease to have effect;

(b)for subsection (2) there shall be substituted the following subsection—

(2)The qualifications of a reporter shall be such as the Secretary of State may prescribe.; and

(c)subsections (3) and (7) shall cease to have effect.

186In section 94(1) (interpretation), in the definition of "prescribed ", in paragraph (a), for the words " section 3 ", there shall be substituted the words " sections 3 and 36, ".

187In Schedule 3 (children's panels), the following amendments shall be made—

(a)in paragraph 3, after the words " consisting of ", there shall be inserted the words—

(i)in the case of the committee for the Strathclyde region, four members nominated by the local authority and six members nominated by the Secretary of State;

(ii)in any other case, and the words after "Secretary of State" shall cease to have effect;;

(b)after paragraph 5, there shall be added the following paragraph—

5AThe Children's Panel Advisory Committee shall have power—

(a)to appoint sub-committees ;

(b)to appoint to any such sub-committee persons who are not members of the Children's Panel Advisory Committee; and

(c)to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;

and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children's Panel Advisory Committee..

The [1968 c. 61.] Civil Aviation Act 1968

188In section 3(1) (byelaws), for the words " local authority " there shall be substituted the words " regional or islands council ".

189In section 14(9) (detention and sale of aircraft), for the words " local authority" there shall be substituted the words " regional or islands council ".

190In section 28(3) (interpretation), in the definition of "local authority ", for the words " county council " onwards there shall be substituted the words " regional, islands or district council ".

The [1968 c. 67.] Medicines Act 1968

191In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—

(c)references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956 and to the area of such an authority ; and

(d)references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.

The [1969 c. 10.] Mines and Quarries (Tips) Act 1969

192In section 11(3)(b) (local authority for purposes of Part II), for the words from " the council " onwards there shall be substituted the words " general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. "

The [1969 c. 48.] Post Office Act 1969

193In section 86, in the definition of " local authority", in paragraph (b), for the words " county council or a town" there shall be substituted the words " regional, islands or district ".

The [1969 c. 51.] Development of Tourism Act 1969

194In section 14(2)(b) (restriction on grants and loans), for the words " county council, town council" there shall be substituted the words " regional, islands ".

The [1970 c. 39.] Local Authorities (Goods and Services) Act 1970

195In section 1(4) (supply of goods and services), in the definition of " local authority", for the words from " has the meaning" onwards there shall be substituted the words " means a regional, islands or district council or any joint board or combination of those councils ".

196In section 2(2) (supplemental), for the words from " 199 " to " 1947 " there shall be substituted the words " 101 and 105 of the Local Government (Scotland) Act 1973 ".

The [1970 c. 40.] Agriculture Act 1970

197In section 26(b), for the word " County ", in both places where it occurs, there shall be substituted the words " Islands Area ".

198In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from " town council " to " aforesaid " there shall be substituted the words " regional and islands councils ".

199For section 92(2)(b) (provision of flood warning systems), there shall be substituted the following paragraph:—

(b)"local authority" has the same meaning as in section 1(2) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961..

The [1971 c. 40.] Fire Precautions Act 1971

200In section 43 (interpretation), in subsection (1), in the definition of " local authority ", in paragraph (b), for the words from " the council" onwards there shall be substituted the words " except in section 17, the islands or district council. "

The [1971 c. 75.] Civil Aviation Act 1971

201In section 29(11), (regulation of noise and vibration), in the definition of " local authority ", for the words " county or town" there shall be substituted the words " regional, islands or district ".

The [1972 c. 2.] Island of Rockall Act 1972

202In section 1, for the words from "District" to "Inverness " there shall be substituted the words " Western Isles ".

The [1972 c. 58.] National Health Service (Scotland) Act 1972

203In Schedule 6, in Part II, in paragraph 45, for the words from " a county council" onwards there shall be substituted the words " an islands or district council ".

The [1972 c. 60.] Gas Act 1972

204In section 39(3) (application of Pipe-Lines Act 1962), in the definition of "local authority", in paragraph (b), for the words " town or county" there shall be substituted the words " regional, islands or district ".

The [1972 c. 62.] Agriculture (Miscellaneous Provisions) Act 1972

205In section 4(2) (authority to be informed about milk tests), for the words from " county council" to " situated " there shall be substituted the words " islands or district council in Scotland ".

206In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words " local authority ", where first occurring, there shall be substituted the words " islands and district council ", and for the word " district" there shall be substituted the word " area ".

The [1973 c. 19.] Independent Broadcasting Authority Act 1973

207In section 11(6)(b), for the words from "council" to "small burgh " there shall be substituted the words " regional, islands or district council ".

The [1973 c. 35.] Employment Agencies Act 1973

208In section 13(1) (interpretation), the following amendments shall be made—

(a)in the definition of " licensing authority ", in paragraph (f), for the words from " a large burgh " onwards there shall be substituted the words " an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ";

(b)in the definition of " local authority ", for the words from " Scotland " onwards there shall be substituted the words " Scotland, means a regional, islands or district council ".

The [1973 c. 43.] Hallmarking Act 1973

209In section 20 (local inquiries), in subsection (1)(b), for the words " subsections (2) to (9) of section 355 of the [1947 c. 43.] Local Government (Scotland) Act 1947" there shall be substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".

The [1973 c. 57.] Badgers Act 1973

210In section 11 (interpretation), in the definition of "local authority ", in paragraph (c), for the words " a county or a burgh " there shall be substituted the words " an islands area or district ".

The [1973 c. 60.] Breeding of Dogs Act 1973

211In section 5(2) (interpretation), in the definition of "local authority ", for the words " the council of any county or burgh " there shall be substituted the words " an islands or district council ".

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