The Local Government etc. (Scotland) Act 1994 (Commencement No.4) Order 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/1898/made/data.htm?wrap=true
Published: 1995-07-14

Statutory Instruments
1995 No. 1898 (C.36) (S.141)

WATER SUPPLY, SCOTLAND
The Local Government etc. (Scotland) Act 1994 (Commencement No.4) Order 1995

Made
14th July 1995

The Secretary of State, in exercise of the powers conferred on him by section 184(2) of the Local Government etc. (Scotland) Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.4) Order 1995.

(2) In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.

Day appointed

2.  17th July 1995 is the day appointed for the coming into force of—

(a)the provisions of the Act specified in column 1 of the Schedule to this Order (which relate to the matters specified in column 2 of that Schedule);

(b)subsections (1) and (2) of section 177 of the Act, so far as those subsections relate to the entries in Part II of the House of Commons Disqualification Act 1975(2) concerning the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority;

(c)section 180 of the Act, so far as it relates to the provision in Schedule 13 to the Act specified in paragraph (d) below; and

(d)in Schedule 13 to the Act, paragraph 75(25)(b).

George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
14th July 1995

Article 2(a)

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 17th JULY 1995

Column 1
Column 2

Provision of the Act
Subject matter

Section 62
New water and sewerage authorities

Section 63
Alteration of water areas and sewerage areas

Section 64
Maps of areas

Section 65(2)
General duties of Secretary of State and of new authorities

Section 66
Codes of practice for new water and sewerage authorities

Section 73
Duty of new authorities as respects Natural Heritage Area or area of special interest

Section 74
Charges for services provided

Section 76
Charges schemes

Section 77
Publication of summary of charges scheme

Section 79(1) to (3) and (5)
Collection of charges by local authority

Section 81
Reduced charges

Section 83
Duties and powers relating to finance

Section 84
Financing and borrowing

Section 85
Guarantees

Section 86
Directions as to payment and investment

Section 87
Accounts

Section 88
Audit of accounts

Section 89
Subsidiary powers of new authorities

Section 90
Dissolution of Central Scotland Water Development Board

Section 98
Acquisition of land by agreement

Section 116
Power of Secretary of State to give directions to new authorities

Section 118(1)
Provision of information, etc.

Section 120(1)
Duty of new authorities to collaborate

Section 122
Supply of goods and services to new authorities by local authorities

Section 123
Power to require local authorities and assessors to supply information to new authorities

Schedule 7
Constitution and proceedings etc. of a new water and sewerage authority

Schedule 8
Water and sewerage areas

Explanatory Note

(This note is not part of the Order)
This Order provides for the commencement of various provisions in the Local Government etc. (Scotland) Act 1994 on 17th July 1995.
The provisions in question are those from Part II of that Act (Water and Sewerage Reorganisation) listed in the Schedule to this Order, and related provisions in sections 177 and 180 of, and Schedule 13 to, that Act.
Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994 (S.I. 1994/2850) provides for commencement of provisions in the Act as follows:—
(a)on 8th November 1994, sections 1, 5, 7, 12, 57, 61, 97(6), 125, 137(1) (partially), 157, 177 (partially), 178, 181 (partially), 183(1) and 184 and Schedules 1 and 2; and
(b)on 4th January 1995, sections 8 to 11, 13 to 17, 24, 34, 38, 40, 44, 47, 49, 50, 51(3), 60, 97 (so far as not in force), 101, 104, 113 to 115, 124, 126, 137 (so far as not in force), 141, 143, 146 to 151, 165 to 167, 170, 172, 173, 175, 179, 180 (partially) and 182, Schedule 5 and Schedules 13 and 14 (both partially).
The Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994 (S.I. 1994/3150) provides for commencement of provisions in the Act as follows:—
(a)on 31st December 1994, section 180(partially) and Schedule 13 (partially);
(b)on 4th January 1995, sections 153, 160, 161 and 180 (partially) and Schedule 14 (partially); and
(c)on 1st April 1995, sections 152, 154, 155, 156, 158, 159, 162(1) and 180 (partially) and Schedules 13 and 14 (both partially).
The Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995 (S.I. 1995/702) provides for commencement of provisions in the Act as follows:—
(a)on 10th March 1995, sections 91 to 96 and Schedule 11;
(b)on 1st April 1995, sections 164(1) and (2), 168, and 180 (partially) and Schedules 13 and 14 (both partially);
(c)on 6th April 1995, sections 2 to 4, 18, 19, 23, 25 to 29, 36, 39, 42, 43, 55, 56, 59, 127 (partially), 128 to 131, 133 to 136, 138, 169, 177 and 180 (both partially), 181 (so far as not in force) and 183(3) and (6), Schedules 3 and 12, and Schedule 13 (partially);
(d)on 1st August 1995, section 58 (partially); and
(e)on 1st April 1996, sections 20, 33 and 52, and Schedule 6.


(1)
1994 c. 39.

(2)
1975 c. 24.
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