Local Government etc. (Scotland) Act 1994

The Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)

38(1)The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with this paragraph.

(2)In section 6 (financial provisions), for “councils of the regions” substitute “local authorities”.

(3)In section 12 (power of river purification board to appoint agents, etc.)—

(a)for subsection (1) substitute—

“(1)Subject to the provisions of their administrative scheme prepared in pursuance of an order under section 135(5) and (6)(b) of the [1973 c. 65.] Local Government (Scotland) Act 1973, a river purification board may, on such terms and conditions as they may agree with the local authority concerned, appoint any local authority whose area is comprised wholly or partly in the river purification board area to act as the agents of the river purification board to carry out any function vested in the board and exercisable within the area of that local authority; and, subject to the terms of the appointment, the local authority so acting as agent may act through any of their committees or sub-committees.”;

(b)in subsection (2), after “made” insert “(or are successors to an authority who have made)”; and

(c)in subsection (4), for “county or town council” substitute “local authority”.

(4)In section 13(1) (application of local government enactments) in the subsection to be substituted for subsection (13) for “council of each region and district” substitute “local authority”.

(5)In section 16(1) (annual reports of river purification boards), for the words from “the council” to “district” substitute “every local authority whose area”.

(6)In section 17(2) (river purification authorities), for “islands councils” substitute “the councils for Orkney Islands, Shetland Islands and Western Isles”.

(7)In section 19(2B) (legal proceedings in respect of public sewers)—

(a)for “local authority” substitute “public”; and

(b)for “by whom the sewer is maintained” substitute “in whom the sewer is vested (“public sewer” and “sewerage authority” being construed in accordance with, respectively, section 59(1) of the [1968 c. 47.] Sewerage (Scotland) Act 1968 and section 62 of the Local Government etc. (Scotland) Act 1994).”.

(8)In section 35(1) (interpretation)—

(a)for the definition of “local authority” substitute—

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

(b)after the definition of “river purification board area” insert—

““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and

(c)in paragraph (b) of the definition of “stream”, for “local” substitute “sewerage”.