Office of Public Sector Information
PART II continued
(1)Subject to any regulations made under section 24 of this Act and to the provisions of any order made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.
(2)The agreement may provide—
(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
(b)for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and
(c)for the making of any such payment either by way of a capital sum or of a terminable annuity.
(3)In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the M1Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.
(4)Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.
(5)Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.
C1S. 25 extended (6.4.1995) by 1994 c. 39, s. 181(7); S.I. 1995/702, art. 4(1), Sch. 2 para. 32
M11972 c. 59.
(1)The power conferred by section 233 of this Act to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.
(2)When the Secretary of State proposes to make any such varying or revoking order he shall prepare a draft of the order, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.
(3)The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make an order either in the form of the draft or subject to modifications.
(4)The Secretary of State may cause a local inquiry to be held with respect to a draft order under this section.
(5)In this section “supplementary provision” means any such provision as could be made by an order under this part of this Act by virtue of section 24 or 215 of this Act.
In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult the Boundary Commission on any matter relating to the boundaries of the area of a community council.
(1)In this Part of this Act—
“electoral arrangements” means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral [F1wards] into which that area is for the time being divided for the purpose of the election of the councillors [F2, the number of councillors for each electoral ward], and the designation of any electoral [F1ward];
[F3“local government area” means the area of a local authority;]
“substantive change” has the meaning assigned to it by section 13(d) of this Act.
(2)In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, [F4or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)] the Secretary of State and the Boundary Commission shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of [F5section 1 of the Local Governance (Scotland) Act 2004 (asp 9)].
(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in definition of "electoral arrangements" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(i); S.I. 1996/323, art. 4(1)(c)
F2S. 28(1): words in definition of "electoral arrangements" inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(d), 17(2); S.S.I. 2007/25, art. 2(2)
F3Definition of "local government area" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(ii); S.I. 1996/323, art. 4(1)(c)
F4Words in s. 28(2) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(i), 17(2); S.S.I. 2007/25, art. 2(2)
F5Words in s. 28(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(ii), 17(2); S.S.I. 2007/25, art. 2(2)
F6S. 28(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2
Local Government (Scotland) Act 1973