
1 

(1) This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No. 1) Order 1994.
(2) In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.
2 
8th November 1994 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule).
3 
4th January 1995 is the day appointed for the coming into force of–
(a) the provisions of the Act specified in column 1 of Schedule 2 to this Order (which relate to the matters specified in column 2 of that Schedule);
(b) section 180 of the Act, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (c) and (d) below;
(c) in Schedule 13 to the Act (minor and consequential amendments)–
(i) paragraph 3;
(ii) paragraph 4(1) and (3);
(iii) paragraph 27(1), (2) and (3)(a)(i);
(iv) paragraph 60(1) and (3)(a) to (c);
(v) paragraph 71(1) and (6);
(vi) paragraph 75(1), (2)(b), (d) and (e), (13)(a)(ii), (14), (17)(d), (18)(c), (19)(b), (20) and (24);
(vii) paragraph 92(1), (20), (22), (26), (27), (60) and (70);
(viii) paragraph 95(1) and (2)(a), (b) and (d);
(ix) paragraph 100(1) and (9)(f) and (g);
(x) paragraph 119(1), (5)(d), (7)(c)(ii), (34), (36), (42) to (45), (46) (so far as that sub-paragraph relates to the definition of “wholesome” in section 76L(1) of the Water (Scotland) Act 1980), (51) and (53)(a)(iv) and (vi);
(xi) paragraph 129(1) and (20)(b);
(xii) paragraph 156(1), (3) and (4);
(xiii) paragraph 176(1) and (19)(c) and (d); and
(xiv) paragraph 177; and
(d) the repeals in Schedule 14 to the Act specified in Schedule 3 to this Order.
4 

(1) The relevant provisions (being provisions amended or as the case may be added by provisions in the Act brought into force by article 3 of this Order) shall in the period from 4th January 1995 until 1st April 1996 apply as if modified by the substitution of the word “local” for the word “sewerage” in each place where that word appears in the relevant provisions (those modifications being such as appear to the Secretary of State requisite having regard to the fact that other provisions of Part II of, and Schedule 13 to, the Act are not for the time being in effect).
(2) In paragraph (1) above, “the relevant provisions” means–
(a) sections 1(2) and (4), 3A, 16A, 20(5), 22(2A), 23 and 48 of the Sewerage (Scotland) Act 1968; and
(b) section 32(2) of the Control of Pollution Act 1974.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
7th November 1994
SCHEDULE 1
Article 2


Column 1 Column 2
Provision of the Act Subject matter
Section 1 Local government areas in Scotland
Section 5 Elections and term of office of councillors
Section 7 Establishment of new local authorities and supplementary provisions
Section 12 Staff commission
Section 57 Power and duty of existing local authorities to assist new authorities
Section 61 Interpretation of Part I
Section 97(6) Extension of staff commission functions
Section 125 Interpretation of Part II
Section 137(1) (so far as it applies section 12 of the Act) Extension of staff commission functions
Section 157 Certain orders relating to valuation not to be treated as hybrid
Section 177(1) and (3) (so far as those subsections relate to the entry in Part III of the House of Commons Disqualification Act 1975 concerning any member of the staff commission) Parliamentary disqualification
Section 178 Financial provisions
Section 181(1), (2), (8) and (9) Consequential and supplementary provisions
Section 183(1) Interpretation
Section 184 Short title, commencement and extent
Schedule 1 New local government areas
Schedule 2 Establishment of new local authorities
SCHEDULE 2
Article 3(a)


Column 1 Column 2
Provision of the Act Subject matter
Section 8 Transfer of employees
Section 9 Effect of section 8 on contracts of employment
Section 10 Continuity of employment
Section 11 Remuneration of employees of local authorities
Section 13 Compensation for loss of office or diminution of emoluments
Section 14 Employment by new authorities
Section 15 Transfer of property
Section 16 Property held on trust
Section 17 Educational endowments
Section 24 Transitional provisions: finance
Section 34 Reorganisation of police areas
Section 38 Roads
Section 40 Establishment etc. of Strathclyde Passenger Transport Authority
Section 44 Restriction on order-making powers of existing authorities
Section 47 Proceedings in district courts: transitional provisions
Section 49 Justice of the peace
Section 50 Stipendiary magistrates
Section 51(3) Registration offices
Section 60 Applications to sheriff in cases of difficulty
Section 97 (so far as not already in force) Staff: application of Chapter 2 of Part I etc.
Section 101 Authorisation of construction of certain private sewers etc.
Section 104 Disapplication of restrictions on disclosur e of information
Section 113 Actings of Secretary of State on default of water authority
Section 114 Publication and provision of information as respects quality of private supplies of water
Section 115 Regulations as to certain procedures
Section 124 Cancellation of obligation to contribute towards certain expenses incurred as respects sewerage, or disposal of sewage, in rural localities
Section 126 Orders under Part II
Section 137 ( so far as not already in force) Staff: application of Chapter 2 of Part I
Section 141 Byelaws under section 121 of the Civic Government (Scotland) Act 1982
Section 143 Self-governing schools: certain proposals under the Education (Scotland) Act 1980
Section 146 Definition of “road”
Section 147 Provisions consequential on making of special road order
Section 148 Toll orders
Section 149 Road works register
Section 150 Traffic signs
Section 151 Exclusion from valuation roll of shootings, deer forests, fishings and fish counters
Section 165 Powers of authorities to borrow and lend money
Section 166 Grants in relation to ethnic minorities
Section 167 Special grants
Section 170 Effective use of resources
Section 172 Duty of Secretary of State to establish area tourist boards
Section 173 Power of Secretary of State to amend and revoke schemes
Section 175 Provision of assistance to boards by old authorities
Section 179 Savings
Section 182 Further transitional provisions
Schedule 5 Strathclyde Passenger Transport Authority
SCHEDULE 3
Article 3(d)


Chapter Short title Extent of repeal
18 & 19 Vict. c.68 The Burial Grounds (Scotland) Act 1855 In section 10, the words “any of the Lords Ordinary of” and the words from “And provided” to “such dwelling house”.In section 11, the words from “but no ground” to the end.
10 & 11 Geo.6 c.41 The Fire Services Act 1947 In section 15(2), the proviso.In section 36, in subsection (2), the words “and thirty-six” and “and twenty-three”.
1873 c. 65 The Local Government (Scotland) Act 1973 In section 84, subsections (2) and (4).
1980 c. 45 The Water (Scotland) Act 1980 Sections 64 to 67.In section 76H(8), the words from “; and section 65” to the end.In section 76L(1), the definition of “wholesome”.In section 109, in subsection (1), in the definition of “owner”, the words “, save in sections 64 to 67,”.
1982 c. 45 The Civic Government (Scotland) Act 1982 In section 121, in subsection (6), the words from “and of” to “that proposal” and, in subsection (7), the words from “but the” to “his consent” and the word “nevertheless”.