HC Deb 18 May 1994 vol 243 cc921-7

Amendments made: No. 224, in page 158, line 25, at end insert— '( ) In section 119(3) (special provisions as to Scotland), for the words from "A" to "shall" substitute "A local roads authority".'.

No. 120, in page 160, line 33, leave out '(a)'.

No. 121, in page 160, line 34, leave out from beginning to 'paragraphs' in line 35.

No. 122, in page 160, line 35, leave out from 'below' to end of line 37.

No. 123, in page 160, line 47, leave out 'chief officer' and insert 'firemaster'.

No. 124, in page 161, line 17, leave out from beginning to end of line 22 and insert ', the fire authorities affected by it may amend or revoke that scheme by a subsequent scheme submitted to the Secretary of State by them jointly and the Secretary of State may by order approve any such subsequent scheme submitted to him. (7A) A subsequent scheme under subsection (7) above may make provision with respect to any of the matters for which provision is required to be made, or may be made, by virtue of subsections (4), (5), (8)(b) and (8A) of this section. (7B)'.

No. 125, in page 161, line 23, leave out '(b)'.

No. 126, in page 161, line 36, leave out from first 'and' to end of line 39 and insert 'such an order may make provision with respect to any of the matters for which provision is required to be made, or which may be made, by virtue of subsections (4), (5) and (8A) of this section.'.

No. 127, in page 162, line 2, leave out 'chief officer' and insert 'firemaster'.

No. 128, in page 162, line 4, leave out 'chief officer' and insert 'firemaster'.

No. 225, in page 163, line 24, leave out -regional, islands or district council" substitute and insert 'the words from "any" to the end substitute "any'.

No. 129, in page 173, line 8, at end insert— '( ) in subsection (3), for "committee", where it secondly and thirdly occurs, substitute "board";'.

No. 163, in page 175, line 21, at end insert— '( ) In section 63(2)(c) (activities in respect of which instruction may be provided etc.), for the words from "or" where it fourthly occurs, to the end substitute "or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994".'.

No. 164, in page 175, line 27, after 'secondly' insert 'and thirdly'.

No. 131, in page 182, line 6, leave out "and".

No. 132, in page 182, line 7, at end insert '; and (e) in subsection (8), for "duties of the reporter" substitute "functions of the Principal Reporter under this Act and under the Criminal Procedure (Scotland) Act 1975.".'.

No. 133, in page 183, line 8, leave out "and".

No. 134, in page 183, line 23, at end insert '; and (c) in paragraph 7, for "may" substitute "shall"'.

No. 226, in page 185, line 27, leave out "'regional or islands council" substitute and insert 'the words from "Scotland" to "council" substitute "Scotland, a'.

No. 298, in page 186, line 3, after 'insurance)' insert '—(a)'.

No. 299, in page 186, line 6, at end insert '; and (b) after "such council" insert "the Strathclyde Passenger Transport Authority"'.

No. 227, in page 186, line 44, leave out from second 'for' to 'constituted' in line 45 and insert 'the words from "the council", where they thirdly occur, to "Scotland" substitute ", in relation to Scotland, a council'.

No. 228, in page 188, line 19, at end insert— '( ) In section 31 (disqualification for nomination etc.)—

  1. (a) for the words "chairman or vice-chairman", in both places where they occur, substitute "convener or depute convener";
  2. (b) after subsection (3) insert—

"(3A) A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority."; and

(c) subsection (4) shall cease to have effect.'.

( ) In section 38 (disability of members from voting etc.), in subsection (4) for the words "chairman or vice-chairman" substitute "convener or depute convener".'.

No. 135, in page 188, line 24, at end insert— '( ) In section 50B (access to agenda and connected reports), in subsection (4)(b), for the word "chairman" substitute "convener".'.

No. 136, in page 189, line 2, at end insert— '() In section 67 (members of authorities not to be appointed as officers), for the words "chairman or vice-chairman" substitute "convener or depute convener".'.

No. 137, in page 189, line 4, after 'purposes)' insert '(a)'.

No. 138, in page 189, line 4, at end insert '; and (b) in subsection (3)(c), for the words "chairman of a regional, islands or district council, a chairman" substitute "convener of a local authority, a convener".'.

No. 300, in page 189, line 37, at end insert—

'( ) In section 100 (auditor's right of access to documents)—

(a) after subsection (1) insert—

"(1A) Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority whose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation.";

(b) in subsection (2), for "subsection (1)" substitute "subsections (1) and (1A)"; and

(c) in subsection (3)—

  1. (i) after "(1)" insert "or (I A)"; and
  2. (ii) the words from "and to an additional fine" to the end shall cease to have effect.
'()In In subsection (3) of section 102 (reports to Commission by Controller of Audit), for the words "the audit" substitute "any matter arising out of the auditing".'.

No. 139, in page 190, line 10, at end insert— '( ) In section 128 (educational endowments), in Table B, in subsection (2), for the words "Chairman of council" substitute "convener of council".'.

No. 229, in page 190, line 21, at end insert— '( ) In section 133 (roads), subsection (1) shall cease to have effect.'.

No. 140, in page 191, line 14, at end insert— '( ) Section 142 (public health) shall cease to have effect.'.

No. 141, in page 193, line 26, at end insert— '( ) In section 190 (service of legal proceedings), for the word 'chairman', in both places where it occurs, substitute 'convener'.

No. 142, in page 193, line 26, at end insert— '() For subsection (1) of section 194 (execution of deeds by local authority) substitute— (1) For a purpose other than is mentioned in subsection (1A) below, a document is validly executed by a local authority if signed on behalf of that authority by their proper officer. (1A) For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by a local authority if subscribed on behalf of the authority by being executed in accordance with the provisions of subsection (1) above. (1B) A document which bears to have been executed by a local authority in accordance with subsection (1A) above shall, in relation to such execution, be a probative document if—

  1. (a) the subscription of the document bears to have been attested by at least one witness; or
  2. (b) the document bears to be sealed with the seal of the authority.".'.

No. 194, in page 193, line 28, at end insert— '( ) In section 202 (procedure, etc., for byelaws), subsection (13) shall cease to have effect.'.

No. 143, in page 194, line 22, leave out 'paragraph 5(1) of'.

No. 144, in page 194, line 23, after 'authorities)' insert—

  1. '(a) in paragraphs 1(4), 3(1), 3(2) and 3(3), for the word "chairman" substitute "convener";
  2. (b) in paragraphs 3(2) and (3), for the words "vice-chairman" substitute "depute convener"; and
  3. (c) in paragraph 5(1),'.

No. 145, in page 194, line 24, leave out 'chairman or vice-chairman' and insert 'convener or depute convener'.

No. 195, in page 197, line 36, at end insert—

'The House of Commons Disqualification Act 1975 (c.24) . In Part IV of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—

  1. (a) in the entry relating to Her Majesty's Lord-Lieutenant or Lieutenant for a region in Scotland—
    1. (i) for the words "a region" substitute "an area"; and
    2. (ii) for the words from "such part" to "Majesty" substitute "the area";
  2. (b) the entry relating to Her Majesty's Lord-Lieutenant or Lieutenant for an islands area in Scotland shall cease to have effect; and
  3. (c) in the entry relating to Her Majesty's Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow—
    1. (i) the words "the district of" shall cease to have effect; and
    2. (ii) for "district" substitute "city".'.

No. 146, in page 198, line 40, at end insert— '( ) in subsection (2) of section 28 (reports on investigations), for the word 'chairman' substitute 'convener'.

No. 230, in page 199, line 10, at end insert'— '( ) in paragraph 22— (i) in sub-paragraph (1), after head (b) insert—"(ba) an insurance fund, to be used for the following purposes, namely— (i) where the authority could have insured against a risk but have not done so, defraying any loss or damage suffered, or expenses incurred, by the authority as a consequence of that risk; (ii) paying premiums on a policy of insurance against a risk."; and (ii) in sub-paragraph (2), after "repair fund" insert "or the insurance fund". ( ) in paragraph 24(1), after "repair fund" insert ", or an insurance fund,";'.

No. 196, in page 202, line 14, at end insert—

'The Race Relations Act 1976 (c.74.) . In section 71 of the Race Relations Act 1976 (local authorities: general statutory duty), the existing wording shall become subsection (1) of that section and after that subsection there shall be added— (2) In this section, "local authority", in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ("the 1994 Act") and includes—

  1. (a) a joint board and a joint committee within the meaning of the Local Government (Scotland) Act 1973;
  2. (b) the staff commission established by virtue of section 12 of the 1994 Act;
  3. (c) a water and sewerage authority within the meaning of the 1994 Act; and
  4. (d) the Strathclyde Passenger Transport Authority.".'.

No. 197, in page 217, line 12, at end insert— '( ) in subsection (1), for "an islands or district council" substitute "a local authority";'.

No. 198, in page 217, line 18, at end insert— '( ) In section 15(2) (local authority's powers in relation to provision of recreational, sporting etc. facilities), for "An islands or district council" substitute "A local authority".

No. 199, in page 217, line 19, leave out 'subsection (1) of'.

No. 200, in page 217, line 19, after '15)' insert— (a) in subsection (1)—

  1. (i) for "an islands or district council" substitute "a local authority";
  2. (ii)'.

No. 201, in page 217, line 22, at end insert 'and (iii) in each of paragraphs (c), (g)(ii) and (k)(ii), for "council", wherever it occurs, substitute "authority"; and

(b) in subsection (2)—

  1. (i) for "an islands or district council" substitute "a local authority"; and
  2. (ii) in paragraph (a), for "council" substitute "authority".'.

No. 231, in page 217, line 34, at end insert— '( ) In section 18 (byelaws in relation to recreational, sporting etc. activities)—

  1. (a) in subsection (1)—
    1. (i) for "an islands or district council" substitute "a local authority"; and
    2. (ii) for "council" substitute "authority";
  2. (b) in subsection (2)(b), for "council" substitute "local authority"; and
  3. (c) in subsection (3), for "council"—
    1. (i) where it first occurs, substitute "local authority"; and
    2. (ii) where it secondly occurs, substitute "authority".
( ) In section 24(1) (provision of gardening assistance for certain persons), for "An islands or district council" substitute "A local authority". ( ) In section 25 (local authority's functions in relation to cleansing of land)—
  1. (a) in subsection (2), for "An islands or district council" substitute "A local authority"; and
  2. (b) in subsection (3), for "islands or as the case may be district council" substitute "local authority".
( ) In section 26(1) (local authority's functions in relation to the provision of public conveniences), for "An islands or district council" substitute "A local authority". ( ) In section 27 (local authority's functions in relation to provision of a market)—
  1. (a) in subsection (1)—
    1. (i) for "An islands or district council" substitute "A local authority"; and
    2. (ii) in paragraph (b)(i), for "council" substitute "authority";
  2. (b) in subsection (3), for "An islands or district council" substitute "A local authority"; and
  3. (c) in subsection (4), the words from "Without" to "Act" shall cease to have effect.
( ) In section 28 (local authority's functions in relation to the provision of clocks)—
  1. (a) for "An islands or district council" substitute "A local authority"; and
  2. (b) in paragraph (b), for "council" substitute "authority".
( ) In section 30(1), for the words from "an islands" to "may", where it first occurs, substitute "a local authority may, with the consent of the roads authority". ( ) In section 67 (interpretation), immediately before the definition of "the 1972 Act" insert— local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;".

No. 202, in page 219, line 40, leave out from 'seashore)' to end of line 41 and insert '—

  1. (a) in each of subsections (1), (3), (4) and (5), for "district or islands council", wherever it occurs, substitute "local authority";
  2. (b) in subsection (2)—
    1. (i) in paragraph (a), for "council" substitute "local authority"; and
    2. (ii) in paragraph (b)—
      1. (1) after sub-paragraph (i) insert "and";
      2. (2) in sub-paragraph (ii), for "the district council" substitute "any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles"; and
      3. (3) sub-paragraph (iii) and the word "and" immediately preceding it shall cease to have effect;
  3. (c) in subsection (5), for "council", where it secondly occurs, substitute "local authority".
( ) In section 123(1) (interpretation of sections 120 to 122), in the definition of "adjacent waters", in paragraph (b), for "district council" substitute "local authority".'.

No. 147, in page 219, line 41, at end insert— '( ) In section 123(2) (interpretation of sections 120 to 122), after the words "purposes of ", where secondly occurring, there shall be inserted "giving notice or, as the case may be,".'.

No. 203, in page 219, line 44, at end insert— '( ) In Schedule 2 (control of sex shops)—

  1. (a) in each of paragraphs 3, 4, 5(1), (3), (4), (5), (6), (7) and (8), 7(2), (7), (8) and (10) and 8(1), (2), (3), (4), (5), (6), (7) and (8), for "district or islands council", wherever it occurs, substitute "local authority";
  2. (b) in paragraph 6–
    1. (i) in sub-paragraph (1), for "district or islands council" substitute "local authority"; and
    2. (ii) in sub-paragraph (6), for "islands or district council" substitute "local authority";
  3. (c) in paragraph 9—
    1. (i) in sub-paragraphs (1), (2), (4) and (5), for "district or islands council", wherever it occurs, substitute "local authority"; and
    2. (ii) in sub-paragraphs (3)(g) and (h), for "council", in each place where it occurs, substitute "local authority";
  4. (d) in paragraph 10–
    1. (i) in sub-paragraphs (1), (2) and (3), for "district or islands council", wherever it occurs, substitute "local authority"; and
    2. (ii) in sub-paragraph (3), for "council", where it secondly and thirdly occurs, substitute "authority";
  5. (e) in paragraph 12(1), (2)(b), (3), (4) and (6) for "district or islands council", wherever it occurs, substitute "local authority";
  6. (f) in paragraph 13–
    1. (i) in sub-paragraphs (1), (2), (4), (5), (6), (7), (8), (9) and (10), for "district or islands council", wherever it occurs, substitute "local authority"; and
    2. (ii) in sub-paragraphs (6) and (9), for "council", where it secondly occurs in each of those paragraphs, substitute "authority";
  7. (g) in paragraph 14–
    1. (i) in sub-paragraph (1), for "islands or district council" substitute "local authority"; and
    2. (ii) in sub-paragraphs (2), (3), (4), (5), (6) and (7), for "district or islands council", wherever it occurs, substitute "local authority";
  8. (h) in paragraph 15–
    1. (i) in sub-paragraphs (1), (2), (3) and (5), for "district or islands council", wherever it occurs, substitute "local authority";
    2. (ii) in sub-paragraph (2)(b), for "council" substitute "authority"; and
      3. 926
    3. (iii) in sub-paragraph (3), for "council", where it secondly occurs, substitute "local authority";
  9. (i) in paragraph 16(1), (2), (3) and (4), for "district or islands council", wherever it occurs, substitute "local authority";
  10. (j) in paragraph 17–
    1. (i) in sub-paragraphs (1), (2) and (4), for "district or islands council", wherever it occurs, substitute "local authority"; and
    2. (ii) in sub-paragraph (4), for "council", where it secondly occurs, substitute "authority";
  11. (k) in paragraph 18–
    1. (i) in sub-paragraphs (1) and (2), for "district or islands council" substitute "local authority";
    2. (ii) in sub-paragraph (1), for "council", where it secondly occurs, substitute "authority"; and
    3. (iii) in sub-paragraph (2), for "council", where it secondly and thirdly occurs, substitute "authority";
  12. (l) in each of paragraphs 19(8) and 20(1), (3) and (5), for "district or islands council", wherever it occurs, substitute "local authority";
  13. (m) in paragraph 22—
    1. (i) for "district or islands council" substitute "local authority"; and
    2. (ii) for "its" substitute "their";
  14. (n) in paragraph 23–
    1. (i) in sub-paragraphs (1), (2) and (3), for "district or islands council", wherever it occurs, substitute "local authority";
    2. (ii) in sub-paragraph (2), for "council", where it secondly occurs, substitute "authority"; and
    3. (iii) in sub-paragraph (4)(c), for "council" substitute "local authority";
  15. (o) in paragraph 24–
    1. (i) in sub-paragraphs (1), (2)(a), (3), (6), (7) and (9), for "district or islands council", wherever it occurs, substitute "local authority";
    2. (ii) in sub-paragraph (6), for "council", where it secondly, thirdly and fourthly occurs, substitute "authority"; and
    3. (iii) in sub-paragraph (9)(b), for "council" substitute "authority"; and
  16. (p) in paragraph 25(1) and (3), for "district or islands council", wherever it occurs, substitute "local authority".'.

No. 204, in page 221, line 41, at end insert— '( ) In section 19(3)(b) (local authority in Scotland empowered to regulate use of roads by public service vehicles), for "regional or islands council" substitute "council constituted under section 2 of the Local Government etc. (Scotland) Act 1994".'.

No. 205, in page 222, line 32, at end insert— '( ) In section 55(3) (arrangements for provision of meals etc. on picnic sites), for "regional, islands or district council" substitute "local authority".'.

No. 206, in page 222, line 35, at end insert— '( ) In section 95(2) (recovery of expenses by road authority where contravention of section), the words "or by the district council" shall cease to have effect. ( ) In section 97(6) (trading: meanings of certain expressions)—

  1. (a) in the definition of "relevant public market", in paragraph (b), for "regional, islands, or district council" substitute "local authority"; and
  2. (b) in the proviso to that definition, for "council", in both places where it occurs, substitute "local authority".
( ) In section 113(1)(c) (transfer of property and liabilities in connection with special roads etc.), for "regional council" substitute "local authority".'.

No. 207, in page 222, line 41, leave out '(1)'.

No. 208, in page 222, line 42, after '(a)' insert 'in subsection (1)— (i)'.

No. 209, in page 222, line 44, at end insert— '( ) in the definition of "maintenance", in paragraph (b), for "an islands or district council" substitute "a local authority";'.

No. 210, in page 223, line 6, at end insert '; and (b) in subsection (3)(c), for "an islands or district council" substitute "a local authority".'.

No. 211, in page 229, line 12, leave out from ' 1 ' to ', for' in line 13 and insert '(interpretation)—

  1. (a) in subsection (1)—
    1. (i) after paragraph (h) insert "and"; and
    2. (ii) paragraph (k) and the word "and" immediately preceding it shall cease to have effect; and
  2. (b) in subsection (3)(a)'.

No. 301, in page 229, line 14, at end insert—

'( ) In section 2 (defined activities), after subsection (9) insert— (10) Without prejudice to his powers to make orders or regulations under any other provision of this Part of this Act, the Secretary of State may by order provide that, from 31st March 1995 or such later date as may be specified in the order until such date as may be so specified, being a date not later than 31st December 2001, the provisions of this Part of this Act shall apply in relation to local authorities subject to such modifications as may be so specified.".

( ) In section 15 (orders, regulations etc.), in each of subsections (2) and (5), after "section 2(9)" insert "or 2(10)".'.

No. 212, in page 229, line 21, at end insert— '(a) after the entry relating to the Peak Park Joint Planning Board insert— The Strathclyde Passenger Transport Authority."; and (b)'.

No. 213, in page 230, line 48, at end insert— '( ) In section 67B(2) (tests to check whether defects have been remedied), for "a region or islands area" substitute "the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994".'.

No. 148, in page 242, line 41, after '(interpretation)' insert '— (a)'.

No. 149, in page 242, line 44, at end insert '; and (b) in the definition of "relevant water body", in paragraph (b), for "a water authority within the meaning of the Water (Scotland) Act 1980" substitute "a water and sewerage authority established by section 61 of the Local Government etc. (Scotland) Act 1994".'.—[Mr. Stewart.]

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