Office of Public Sector Information

156 Offices, shops and railway premises

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(2)In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.

X1(3)In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “(2) to (8) of section 210 of the Local Government (Scotland) Act 1973”.

F1157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163 Public libraries, museums and art galleries

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A local authority F2. . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

F1164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165 Spray irrigation

The functions of river purification boards under the M1Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “authority” and “authorities”.

166 Registration of births, deaths and marriages

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(2)Accordingly the following amendments shall be made in that Act—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in section 6(4) (local inquiries), 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”;

(c)in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect;

(d)in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “sections 56 to 58 of the Local Government (Scotland) Act 1973”;

F2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

169 Burial grounds, churchyards etc

(1)The functions of [F1islands or district councils] under the M1Burial Grounds (Scotland) Act 1855 and the M2Cremation Acts 1902 M3 and 1952 shall be transferred to and vest in [F2councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2)The functions of councils under the M4M5Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

170 War memorials

(1)The local authority for the purposes of the M1War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the M2Local Government Act 1948 shall be a [F1local authority within the meaning of this Act]; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.

X1(2)In consequence of subsection (1) above the said section 133(3) shall have effect as if—

(a)after the word “modifications” there were inserted the following head—

“(ia)in section 1, for the words “within their district” there shall be substituted the words “whether within or outside their area”; ”

(b)for head (ii) there were substituted the following head—

“(ii) “local authority” means a regional, islands or district council.”

[F1 Heating and electricity

170A Production and supply of heat and electricity etc. by local authorities

(1)Subject to subsections (2) and (3) of this section, a local authority may—

(a)produce heat or electricity or both;

(b)establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;

(c)buy or otherwise acquire heat;

(d)use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;

(e)without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.

(2)Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3)Except in such cases as may be prescribed, [F1or in cases where it is produced from waste,] a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

(4)A local authority may—

(a)construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

(b)contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

(5)Parts I and II of Schedule 3 to the M1Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; [F3and

(c)for any reference to [F4Scottish Water] there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.]]

(6)It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.

(7)In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.

(8)Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.

(9)Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

170B Provisions supplementary to s. 170A

(1)A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a)with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b)for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c)providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.

(2)Subsections (1) to (7) of section 38 of the M1Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of [F1Scottish Water]F2. . .) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to [F3Scottish Water] there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a)for [F4paragraphs (aa) to (ac)] there were substituted the following paragraph—

“(a)for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”;

(b)for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the M2Local Government (Scotland) Act 1973”; and

(c)for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”.

(3)Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.

(4)An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(6)The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

171 Miscellaneous functions, etc

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .