Contents
Part I · Valuation and rating
1Power to change year of revaluation.#
In section 37 of the note1975 Act (which makes provision as regards the interpretation of that Act), at the end there shall be added the following subsections—“3 The Secretary of State may by order amend the definition of “year of revaluation” in subsection (1) above by substituting, for the financial year for the time being specified in that definition by reference to two calendar years, a different financial year so specified.4 An order under subsection (3) above shall have no effect until approved by a resolution of each House of Parliament.”
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5Relaxation of provisions relating to notification for rate relief for charitable organisations.#
In section 4 of the noteLocal Government (Financial Provisions etc.) (Scotland) Act 1962—
(a)in subsection (2) (which provides for notification to the rating authority of use of lands and heritages for charitable purposes)—
(i)the words “not later than the thirtieth day of June in any year” shall cease to have effect; and
(ii)for the words “any period, beginning not earlier than the year in which the notice is given,” there shall be substituted the words “ a relevant period ”; and
(b)after subsection (2) there shall be inserted the following subsection—“2A In subsection (2) of this section “relevant period” means—a in a case where the occupation and use, or as the case may be the holding, commenced on or after the first day of the financial year immediately preceding the financial year in which the notice is given, any period after that commencement;b in any other case, that first day and any period thereafter.”
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7Restriction on payment of rates by instalments.#
In section 8 of the note1975 Act (which provides for payment of rates by instalments), after subsection (7) there shall be inserted the following subsections—“7A In any case where a demand note for rates, chargeable for a year or part only of a year, is for an amount (after any remission, rebate or other deduction to which the rate is subject) less than the prescribed sum the rates shall not be payable in accordance with subsection (1) above but shall be payable in full on or before the date specified by the rating authority in the demand note.7B In subsection (7A) above, “the prescribed sum” means £20 or such lesser sum as the rating authority may fix.7C The Secretary of State may by order, made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend subsection (7B) above by substituting for the amount for the time being specified in that subsection such other amount as appears to him to be justified.”
8Alteration in amount of rates payable while valuation appeal is pending.#
In section 9(1) of the 1975 Act (which limits the amount of rates payable while a valuation appeal is pending), for the words “the total amount of rates levied on those lands and heritages for the year immediately preceding the year in which the appeal was lodged increased by three-quarters of the difference between that amount and” there shall be substituted the words “ nine tenths of ”.
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11New constitution of Scottish Valuation Advisory Council.#
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12Diminution of powers of officers of court as regards actings for recovery of rates.#
In section 247(2)(a) of the noteLocal Government (Scotland) Act 1947 (which as regards actings for recovery of rates empowers officers of court to poind, seize and remove or secure property belonging to or in the lawful possession of the debtor) the words “or in the lawful possession of” shall cease to have effect.
Part II · Rate Support Grants
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#
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16Local authority’s estimated expenditure relevant factor in calculating amount of resources element payable to them.#
In Part II of Schedule 1 to the note1966 Act (which among other things specif ies the method of calculating the amount, if any, of the resources element payable to a local authority), in sub-paragraph (a) of paragraph 2 (which, for the purposes of the said calculation allows the Secretary of State, if he is of the opinion that the rate fixed by the local authority is unnecessarily high, to use as multiplicand a lesser figure than the number of pence in the pound of that rate) for the words “of the opinion that the local authority have fixed an unnecessarily high rate, such” there shall be substituted the words—“, as regards the local authority, satisfied— i that they have fixed a rate higher than that required to provide the sufficient moneys mentioned in section 108(2) of the Local Government (Scotland) Act 1973; orii as is mentioned in subsection (1)(c), as read with subsection (1A), of section 5 of this Act,such ”
17Effect of sections 14 to 16.#
The amendments made by sections 14 to 16 of this Act have effect as regards rate support grants payable for the year 1981—82 or for any year thereafter.
Part III · Housing Support Grants
Part IV · Miscellaneous
24Powers of Commissioner for Local Administration in Scotland.#
The note1975 Act shall, as regards the powers of the Commissioner for Local Administration in Scotland, have effect subject to the amendments specified in Schedule 1 to this Act.
25Relaxation of controls over local authorities.#
The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments which lessen the degree of control exercised over local and other authorities by the Treasury, Secretary of State or other persons.
26Consent to local authority incurring liability to meet capital expenses etc.#
In section 94 of the note1973 Act (which requires a local authority to obtain the consent of the Secretary of State to their incurring liability to meet capital expenses)—
(a)after subsection (1A) there shall be inserted the following subsection—“1B The Secretary of State may—a withdraw, or vary the terms of, a consent which he has, under subsection (1) above, given; orb withdraw or vary any condition to which the giving of such consent was subject,where, or in so far as, the local authority have not, by binding contract, incurred the liability to which the consent relates.”
(b)after subsection (2) there shall be added the following subsections—“3 The Secretary of State may by order (either or both)—a amend the definition of “capital expenses” in subsection (2) above;b provide that subsection (1) above shall, in the same manner as it applies to capital expenses, apply to such other expenses, incurred in relation to a lease (or other contract, or arrangement, of a like nature), as may be specified in the order and, for the purposes of such application, prescribe a method for assigning a capital value to those other expenses.4 An order made under subsection (3) above shall have no effect until approved by resolution of each House of Parliament.”
27Consent to certain local authority borrowing.#
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28Repeal of special licensing provisions in respect of new towns.#
Part IV of, and Schedule 3 to, the noteLicensing (Scotland) Act 1976 (which make special provision for new towns as regards licensing with respect to alcoholic liquor) shall cease to have effect.
29Abolition of Advisory Council on Social Work.#
The Advisory Council on Social Work is hereby abolished; and accordingly, in the noteSocial Work (Scotland) Act 1968, section 7 (which relates to the appointment, constitution and functions etc. of the Council) shall cease to have effect.
30Abolition of Scottish Food Hygiene Council.#
The Scottish Food Hygiene Council is hereby abolished; and accordingly, in the noteFood and Drugs (Scotland) Act 1956, section 25 (which relates to the appointment, constitution and functions of the Council) shall cease to have effect.
31Abolition of Scottish River Purification Advisory Committee.#
The Scottish River Purification Advisory Committee is hereby abolished; and accordingly, in the noteRivers (Prevention of Pollution) (Scotland) Act 1951, subsections (2), (3) and (4) of section 1 (which relate to the appointment, constitution and functions of that committee) shall cease to have effect.
32Abolition of advisory committee on conservation and provision of water supplies etc.#
The advisory committee appointed under section 1 of the noteWater (Scotland) Act 1946 (a section which among other things provided that the Secretary of State was to appoint such a committee to advise him as regards matters concerning the conservation and provision of water supplies etc. and which is re-enacted as section 1 of the noteWater (Scotland) Act 1980) is hereby abolished; and accordingly paragraph (c) of section 1 of the said Act of 1980 shall cease to have effect.
33Power of water authority or water development board to relax or dispense with byelaw relating to misuse of water.#
In section 70 of the Water (Scotland) Act 1980 (which empowers a water authority or water development board to make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by them), after subsection (3) there shall be added the following subsection—“4 Where a water authority or water development board consider that a byelaw made by them under this section ought not to operate in relation to any particular case or class of cases they may, with the consent of the Secretary of State, relax the requirments of, or dispense with compliance with, that byelaw accordingly:Provided that the authority, or as the case may be the Board, shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State—a shall not give his consent before the expiration of one month from the giving of the notice; andb shall, before giving his consent, take into consideration any relevant objection which may have been received by him.”
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#
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38Postponement of effect of section 127(3) and (4) of the Education (Scotland) Act 1980.#
(1)In Schedule 6 to the noteEducation (Scotland) Act 1980 (which lists provisions thereof whose commencement is postponed until such day as the Secretary of State may by order appoint), at the end there shall be added the following paragraph (which relates to provisions requiring, among other things, a written summary of such vocational advice as a school leaver has received to be given to that school leaver)—“16 Section 127(3) and (4).”
(2)Without prejudice to the validity of—
(a)any actings of an education authority before the coming into force of this section; or
(b)any expenses incurred in connection with such actings,
the said Act of 1980 shall be deemed to have had effect as if originally enacted as amended by subsection (1) above.
Part V · General
39Expenses.#
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.
40Minor and consequential amendments.#
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.
41Repeals.#
The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
42Interpretation.#
In this Act—• “the 1956 Act” means the noteValuation and Rating (Scotland) Act 1956;• “the 1966 Act” means the noteLocal Government (Scotland) Act 1966;• “the 1973 Act” means the noteLocal Government (Scotland) Act 1973;• “the 1975 Act” means the noteLocal Government (Scotland) Act 1975; and• “the 1978 Act” means the noteHousing (Financial Provisions) (Scotland) Act 1978.
43Short title, commencement and extent.#
(1)This Act may be cited as the Local Government (Miscellaneous Provisions) (Scotland) Act 1981.
(2)Section 11 of this Act shall come into force on 1st January 1982.
(3)Sections 4 to 10 of this Act and, in so far as relating to section 4(2) of the noteLocal Government (Financial Provisions etc.) (Scotland) Act 1962, Schedule 4 to this Act shall come into force on 1st April 1982.
(4)Sections 29 and 37 of this Act and, in so far as relating to section 7 of the noteSocial Work (Scotland) Act 1968, Schedule 4 to this Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.
(5)This Act extends to Scotland only.
Schedule 1
Schedule 2 · Relaxation of controls over local and other authorities
The Burial Grounds (Scotland) Act 1855 (c. 68)
(1)In section 24 (fixing of payments for interments in burial ground) the words “, subject to the approval of the sheriff of the county,” and the words from “; and a table” to the end shall cease to have effect.
The Public Health (Scotland) Act 1897 (c. 38)
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Cremation Act 1902 (c. 8)
(3)In section 9 (fees for cremation) the words “any such” and the words “as may be authorised by any table approved by the Local Government Board,” shall cease to have effect.
The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c. 48)
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Highways (Provision of Cattle-Grids) Act 1950 (c. 24)
(7)Section 11 (regulations as to construction of cattle-grids) shall cease to have effect.
The Food and Drugs (Scotland) Act 1956 (c. 30)
(8)Section 35(2) (transmission to the Secretary of State of public analyst’s quarterly reports) shall cease to have effect.
The Town and Contry Planning (Scotland) Act 1959 (c. 70)
(9)After subsection (2) of section 24 (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities) there shall be inserted the following subsection—“2A Before exercising any power of appropriation in relation to land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—a shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed appropriation; andb shall consider any objections to that appropriation which may be made to them.”
(10)After subsection (2) of section 27 (requirement of consent of Secretary of State etc. to certain disposals of land by local and other authorities) there shall be inserted the following subsection—“2A Before disposing of any land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—a shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed disposal; andb shall consider any objections to that disposal which may be made to them.”
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Police (Scotland) Act 1967 (c. 77)
(12)In section 2(2) (pay, allowances and reimbursement of expenses) the words “, being expenses of a kind approved either generally or in particular cases by the Secretary of State” shall cease to have effect.
(13)Section 46(2) (restriction on aggregate amount of rewards) shall cease to have effect.
The Town and Country Planning (Scotland) Act 1972 (c. 52)
(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1973 (c. 65)
(29)In subsection (6) of section 3 (titles of chairmen of councils), for the words from “the chairman”, where they occur for the second time, tothe end there shall be substituted the words “ and the chairman of each other regional, islands or district council shall be known by such title as that council may decide. ”.
(30)
(1)In section 23 (change of name of region, islands area or district)
(a)in subsection (1)—
(i)the words “Subject to subsection (4) below,” shall cease to have effect; and
(ii)for the words “a majority of the whole number of the members of the council” there shall be substituted the words “ not less than two-thirds of the members voting thereon ”; and
(b)subsection (4) shall cease to have effect.
(2)Sub-paragraph (1) above and, in so far as relating to section 23, Schedule 4 to this Act have no effect as regards a case where consent to a change of name has, before the coming into force of this paragraph, ben applied for, for the purposes of the said subsection (4).
(31)
(1)For subsections (2) to (4) of section 53 (amendment of community councils scheme) there shall be substituted the following subsections—“2 The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—a the notified proposals; orb those proposals as amended to take account of any such representations:Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.3 A decision of the local authority—a to review, under subsection (1) above; orb to amend, under subsection (2) above,a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.”
(2)Sub-paragraph (1) above and, in so far as relating to section 53, Schedule 4 to this Act have no effect as regards the operation of section 53 in relation to proposals which, before the coming into force of this paragraph, were submitted to the Secretary of State, under subsection (3) of that section.
(32)Section 54 (default powers of Secretary of State as regards community councils scheme) shall cease to have effect.
(33)In section 73 (local authority’s power to appropriate for the purpose of any function land vested in them for the purpose of any other function)—
(a)in subsection (2), for the words from “(3)(a)” to “(3)(b)” there shall be substituted the word “ (3) ”; and
(b)in subsection (3), for the words from “—(a)” to “space, or” there shall be substituted the words “ land which ”.
(34)Section 121 (involvement of Treasury in determining rates of interest in relation to certain sums due to local authorities) shall cease to have effect.
(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Slaughter of Animals (Scotland) Act 1974 (c. 45)
(37)In section 8(1) (byelaws as to slaughterhouses) the words “, and if required by the Secretary of State” shall cease to have effect.
The Water (Scotland) Act 1980 (c. 45)
(38)Section 2 (power to require surveys and formulation of proposals) shall cease to have effect.
(39)Section 19 (transfer of part of water undertaking) shall cease to have effect.
(40)In section 58(1) (termination of right to supply water on special terms) the words “, with the approval of the Secretary of State” shall cease to have effect.
(41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 3 · Minor and consequential amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Town and Country Planning (Scotland) Act 1959 (c. 70)
(2)In section 24(2) (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities), for the words from “following” to the end there shall be substituted the words “ provision that land which is held for use as allotments shall not be appropriated except with the consent of the Secretary of State. ”.
(3)In section 27—
(a)in subsection (2) (requirment of consent by Secretary of State etc. to certain disposals of land by local and other authorities), for the words from “—(a)” to the end there shall be substituted the words “ of land held for use as allotments, if it is a disposal which apart from this section could not be effected except with the consent of a Minister, shall not be effected except with the consent of the Secretary of State. ”; and
(b)subsection (3) (provisions ancillary to subsection (2)) shall cease to have effect.
(4)In the fourth Schedule (authorities to whom Part II of the Act applies), after paragraph 3 there shall be inserted the following paragraph—“3A A water development board as defined in section 109(1) of the Water (Scotland) Act 1980.”
The Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12)
(5)In section 20 (repayment of rates paid in error), after the word “Where” there shall be inserted the words “ , notwithstanding section 2(2)(d) of the Local Government (Scotland) Act 1975 or any entry in a valuation roll which is no longer in force, ”.
(6)
(1)In section 26(2) (interpretation), for the definition of “year” (and “year” followed by a reference to two calendar years) there shall be substituted the following definition— “ “year” means the financial year of a local authority; and “year” followed by a reference to two calendar years means the financial year beginning in the first of those calendar years; ”.
(2)The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from the coming into operation of section 18 of the Local Government (Scotland) Act 1975 (financial year of local authorities).
The Land Compensation (Scotland) Act 1963 (c. 51)
(7)In paragraph 2 of Schedule 2 (compensation for houses acquired as being unfit for human habitation), at the end there shall be added the following sub-paragraph—“7 In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)—a in sub-paragraph (2) above, for the word “gross” there shall be susbtituted the words “1.25 times the net”; andb in sub-paragraph (4) above, for the word “gross”, wherever it occurs, there shall be substituted the word “net”.”
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1966 (c. 51)
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In Part II of Schedule 4 (variation of fees for licences etc.), after paragraph 4 there shall be inserted the following paragraph—“”
The Post Office Act 1969 (c. 48)
(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)
(14)
(1)In section 42(3)(bb) (requirements in certain rent agreements), after the words “increase in” there shall be inserted the words “ the rent ”.
(2)The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 1st December 1980.
The Town and Country Planning (Scotland) Act 1972 (c. 52)
(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1973 (c. 65)
(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1975 (c. 30)
(32)In section 2(2)(d) (effect of correction to valuation roll), after the word “shall” where it first occurs there shall be inserted the words “ , subject to section 20 of the Local Government (Financial Provisions) (Scotland) Act 1963, ”.
(33)In section 8(3) (times at which instalments of rates are payable), for the word “the” where it occurs for the second time there shal be substituted the word “ a ”.
(34)In section 14(1)(b) (termination of certain existing grants in respect of rural bus and ferry services)—
(a)for the words “section 34(2)” there shall be substituted the words “ subsection (3) of section 34 ”; and
(b)for the word “and” where it first occurs, there shall be substituted the words “ ) or under subsection (4) of that section (towards expenditure incurred ”.
(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Licensing (Scotland) Act 1976 (c. 66)
(37)In section 1 (appointment of licensing board by council of district or islands area)—
(a)in subsection (3), after the word “divided” there shall be inserted the words “ (or continue to be divided) ”;
(b)in each of subsections (6) and (7)—
(i)after the word “elections”, there shall be inserted the words“of those members— a except in so far as paragraph (b) below otherwise provides,”
(ii)at the end there shall be added the words“; and b where a determination under subsection (3) above is made (whether or not such meeting of the council as is mentioned in paragraph (a) above), either—i at the meeting at which the determination is made; orii at the first meeting of the council held after such meeting as is mentioned in sub-paragraph (i) above.”
(c)in subsection (11), for the words “a fresh” there shall be substituted the word “ an ”.
The Water (Scotland) Act 1980 (c. 45)
(38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(39)In section 109 (interpretation), after subsection (4) there shall be added the following subsection—“5 For the purposes of section 29(2) of the Land Registration (Scotland) Act 1979 (construction of reference to Register of Sasines etc.) this Act shall be deemed to be an enactment passed before that Act.”
(40). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 4 · Repeals
Contains public sector information licensed under the Open Government Licence v3.0.