HC Deb 14 February 1995 vol 254 cc635-6W
Mr. Welsh

To ask the Secretary of State for Scotland what sections of the local Government and Housing Act 1989 have not been brought into force; for what reasons they have not been brought into force; and if he will make a statement.

Mr. Kynoch

[holding answer 25 January 1995]:The Local Government and Housing Act 1989 relates to England, Wales and Scotland but only the following sections, together with associated schedules, extend to Scotland:

  • Sections 1–32
  • Section 36(9)
  • Sections 140–145
  • Sections 150–153
  • Section 155
  • Section 157
  • Section 159
  • Section 161
  • Section 168
  • Sections 170–171
  • Sections 176–182
  • Section 185 Section 190 Section 192
  • Section 194(1) and (4)
  • Section 195

A number of these sections were commenced at royal assent and further commencements were made by commencement order under section 195(2). The following Scottish provisions have not been fully commenced:

  • Section 9 (Assistants for political groups)
  • Section 14 (Voting rights of members of certain committees)
  • Section 15 (Duty to allocate seats to political groups)
  • Section 16 (Duty to give effect to allocations)
  • Section 17 (Exceptions to and extensions of political balance requirements)

These sections are commenced only for the limited purpose of giving the Secretary of State regulation-making powers and substantive commencement. The making of regulations on these sections is still under consideration.

  • Section 140-commenced for the year 1990/91
  • Section 141-not commenced

Both these sections have been repealed and are replaced by section 10 of the Local Government Finance Act 1992, which introduced new sections 7A and 7B to the Local Government (Scotland) Act 1975 making provision as to the setting of non-domestic rates.

  • Section 142
  • Section 145

These sections were commenced for the years 1990–91 onwards and are now obsolete following the abolition of the community charge.