National Records of Scotland

Preserving the past, Recording the present, Informing the future

Schedule 2: Consequential Amendments

We're launching our new website in early December
All content from the current site will be available in our web archive

Schedule 2: Consequential Amendments

Fire Services Act 1947 (c.41)
Defamation Act 1952 (c.66)
Defamation Act (Northern Ireland) 1955 (c.11)(N.I.)
Public Bodies (Admission to Meetings) Act 1960 (c.67)
Police Act 1964 (c.48)
Local Government Act 1972 (c.70)
Local Government Finance Act 1982 (c.32)

Schedule 3: Repeals

Table showing repeals

Schedule 2: Consequential amendments

Section 3

Fire Services Act 1947 (c.41)

1. In section 8 of the Fire Services Act 1947 (constitution and powers of fire authorities constituted by combination schemes) after subsection (3) there shall be inserted the following subsection–
" (3A) Meetings of a fire authority which is (as well as one which is not) constituted by a combination scheme are open to the public, and documents relating to such meetings are open to inspection by the public, in accordance with the provisions of Part VA of the Local Government Act 1972."

Defamation Act 1952 (c.66)

2. (footnote 1)

Defamation Act (Northern Ireland) 1955 (c.11)(N.I.)

3. (footnote 2)

Public Bodies (Admission to Meetings) Act 1960 (c.67)

4. (1) The Public Bodies (Admission to Meetings) Act 1960 shall be amended as follows.

(2) In section 1(1), the words "local authority or other" shall be omitted and for the words "an authority or other body" there shall be substituted the words "a body".

(3) Section 2(2) shall be omitted.

(4) In the Schedule (which defines the bodies to which the Act applies) for paragraph 1(a) there shall be substituted the following paragraph–

" (a) parish or community councils, the Council of the Isles of Scilly and joint boards or joint committees which discharge functions of any of those bodies (or of any of those bodies and of a principal council, within the meaning of the Local Government Act 1972, or a body falling within paragraph (a), (b) or (c) of section 100J(1) of that Act)"

(5) In paragraph 1 of the Schedule, paragraphs (aa) and (ab) (as inserted by the Local Government Act 1985) and (d) shall be omitted.

(6) In paragraph 1(h) of the Schedule, for the words "police authorities" there shall be substituted the words "bodies to which sections 100A to 100D of the Local Government Act 1972 apply, whether or not by virtue of section 100E or 100J of that Act".

(7) In paragraph 2 of the Schedule, paragraphs (a), (b), (c) and (f) shall be omitted.

Police Act 1964 (c.48)

5. (footnote 3)

Local Government Act 1972 (c.70)

6.(1) In section 100 of the Local Government Act 1972 (which applies the Public Bodies (Admission to Meetings) Act 1960 in relation to all committees of local authorities)–

(a) in subsection (2), the words from "to any committee constituted" to "101(9) below and" shall be omitted; and

(b) at the end of that subsection there shall be added the words "or section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below)".

(2) In section 228 of that Act (inspection of documents)–

(a) in subsection (1), for the words "local authority" there shall be substituted the words "parish or community council" and for the words "the authority" there shall be substituted the words "the council"; and

(b) in subsection (8) (application to parish meetings) for the words "local authority" there shall be substituted the words "parish council"

Local Government Finance Act 1982 (c.32)

7. In section 18 of the Local Government Finance Act 1982, in subsection (5) (auditor's report to be supplied to members and newspapers) after the word "excluded" there shall be inserted "(a)" and at the end of that subsection there shall be added the following words, that is to say–

" or under section 100B(7) of the 1972 Act (which makes similar provision); or

(b) from the documents open to inspection by members of the public under section 100B(1) of the 1972 Act (agenda and reports open to the public before a meeting);

and Part VA of the 1972 Act shall have effect in relation to the report as if in section 100C(a)(d) 1of that Act (by virtue of which only so much of a report as relates to proceedings open to the public is open to public inspection after the meeting) the words "so much of' and from "as relates' onwards were omitted. (footnote 4)

Footnotes

1. Schedule 2 para. 2 repealed by schedule 2 of the Defamation Act 1996

2. Schedule 2 para. 2 repealed by schedule 2 of the Defamation Act 1996

3. Schedule 2, para. 5 repealed schedule 9, part I of the Police and Magistrates' Courts Act 1994

4. This version of this provision extends to Scotland only, a separate version has been created for England and Wales only

Schedule 3: Repeals

Section 3.

Chapter Short title Extent of repeal
8 & 9 Eliz. 2. c. 67. Public Bodies (Admission to Meetings) Act 1960. In section 1(1), the words "local authority or other".
    Section 2(2).
    In the Schedule, paragraph 1(aa), (ab) and (d) and paragraph 2(a), (b), (c) and (f).
1972 c. 70. Local Government Act 1972. In section 100(2) the words from "to any committee constituted" to "101(9) below and".
1973 c. 65. Local Government (Scotland) Act 1973. Section 44.
    In section 197, subsection (1).