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The education authority for the purposes of the M1Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.]
F1S. 123 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(28); S.I. 1996/323, art. 4(1)(c)
M11980 c. 44
(1)Where an education authority appoint a committee whose purposes include—
(a)advising the authority on any matter relating to the discharge of their functions as education authority; or
(b)discharging any of those functions of the authority on their behalf,
the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.
(2)Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—
(a)at least half of the persons appointed by them to be members of such committee are members of the authority; and
(b)the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.
(3)Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.
(4)The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—
(a)one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;
(b)in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and
(c)one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there.
(5)Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “one-half”. ]
F1S. 124 substituted (1.4.1996) by 1994 c. 39, s. 31 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1
F1S. 125 repealed by Self-Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)
Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—
(a)a committee such as is mentioned in subsection (1) of section 124 of this Act;
(b)a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
(c)any sub-committee of such a committee or joint committee.]
F1S. 126 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(29); S.I. 1996/323, art. 4(1)(c)
F1S. 127 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
(1)Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table.
| Existing area | New area |
|---|---|
County County of a city | Region or islands area |
Large burgh Small burgh District | District or islands area |
(2)Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above.
| Existing office-holder | New office-holder |
|---|---|
Lord Provost Provost Convener of county Chairman of district council | [F1Convener of council] |
| MagistrateCouncillorChairman of or member of a committee | Councillor, or any other person nominated by the council |
| Any specified officer | The corresponding officer or (if there is no such officer) the proper officer |
(3)Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.
(4)Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.
(5)In this section, unless the context otherwise requires, expressions used in Part VI of the M1Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.
(6)Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.
F1S. 128(2): words in Table B substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(30); S.I. 1996/323, art. 4(1)(c)
C1S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)
M11962 c. 47.
(1)Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) [F1Act 1987] shall be [F2a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
[F3(2)Before any local authority exercise outwith their area any power under Part I of the M1Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.]
X1(3)The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.
F1Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(a)
F2Words in s. 130(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(a); S.I. 1996/323, art. 4(1)(c)
F3S. 130(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(b); S.I. 1996/323, art. 4(1)(c)
M11987 c. 26.
X1The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
F1S. 131 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
F1S. 132 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the M1Local Government (Scotland) Act 1889 shall be transferred to and vested in the [F2local roads authority].
F1S. 133(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(32), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F2Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 73
M11889 c. 50.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1(2)The M1Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.
F1S. 134(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(33), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
M11959 c. 24.
X1The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
F1S. 135 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 6); S.I. 1996/186, art. 3(xiii)
F1S. 135A repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii)
(1)The local authority for the purposes of the M1Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “islands councils and district”.
(2)In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.
(3)In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council.”]
F1S. 136 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
M11972 c. 21.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 137(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(36), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F2S. 137(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1(2)In the said Act of 1949 the following amendments shall be made—
(a)for section 1(1) (coast protection authorities), there shall be substituted the following subsection—
“(1)The council of a region any part of which adjoins the sea or of an islands area shall be the coast protection authority for that region or area, as the case may be.”;
(b)in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “district”;
(c)in section 22 (power to use for incidental purposes land acquired for coast protection)—
(i)in subsection (2), for the words “burgh or county” there shall be substituted the words “region or islands area”.
(ii)in subsection (3), for the reference to the M1Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973;
(d)in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—
“(4)This section shall not apply to Scotland.”;
(e)in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “or in Scotland the council of a region, islands area or district”;
(f)in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973”;
(g)in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—
“(b)for references to the London Gazette and to a county or county district there shall be substituted respectively references to the Edinburgh Gazette and to a region, islands area or district”.
F1S. 138(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(37), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
M11947 c. 43.
X1The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
F1S. 139 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I
F1S. 140 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(38), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
The local authority for the purposes of section 5 of the M1Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “1973”.
F1S. 142 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(39), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F1S. 143 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F1(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A competent authority under the M1Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.
F1S. 144(1)(2) repealed by Animal Health Act 1981 (c. 22), Sch. 6
M11967 c. 8.
X1Unreliable marginal note.
(1)The M1Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section.
(2)An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the [F1local authority], and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the [F2authority] to whose proper officer the application was made.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)(a)References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the [F4local authority].
(b)References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the [F4local authority].
Local Government (Scotland) Act 1973