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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030134.html

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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 134 (C. 7)

LOCAL GOVERNMENT

The Local Government in Scotland Act 2003 (Commencement No.1) Order 2003

  Made 4th March 2003 

The Scottish Ministers, in exercise of the powers conferred by section 62(2) of the Local Government in Scotland Act 2003[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Local Government in Scotland Act 2003 (Commencement No.1) Order 2003.

    (2) In this Order "the Act" means the Local Government in Scotland Act 2003.

Appointed days
     2.  - (1) The provisions of the Act specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule) shall come into force on 1st April 2003 but, where a particular purpose is specified in relation to any provision in column 3 of the Schedule, that provision shall come into force on that day only for that purpose.

    (2) Section 60(1)(g) (repeal of section 31 of the Local Government and Housing Act 1989) of the Act shall come into force on 1st May 2003.


PETER J PEACOCK
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
4th March 2003



SCHEDULE
Article 2(1)


PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST APRIL 2003


Column 1 Column 2 Column 3
Provisions of the Act Subject Matter Purpose
Sections 1 and 2 Duty to secure best value     
Sections 3 to 5 Enforcement     
Section 6 Other provisions about best value     
Section 7 Local authority contracts: relaxation of exclusion of non-commercial considerations     
Section 8(1), (2)(a)(i) to (iv), (2)(b), (2)(c)(i),(iii) and (iv), (2)(d)(ii), (2)(e) and (3) Relaxation of restrictions on supply of goods and services etc. by local authorities     
Section 8(2)(a)(v) Relaxation of restrictions on supply of goods and services etc. by local authorities Only for the purpose of repealing the words which follow paragraph (d)
Section 8(2)(d)(i) Relaxation of restrictions on supply of goods and services etc. by local authorities Only for the purpose of repealing the definition of "public body"
Section 10 Trading operations and accounts     
Sections 12 to 14 Accounts, finance and performance accountability     
Sections 15 to 19 (Part 2) Community planning     
Sections 20 to 22 (Part 3) Power to advance well-being     
Sections 23 to 27 (Part 4) Enforcement and scrutiny     
Sections 28 to 33 (Part 5) Rating and council tax     
Section 34 Waste management     
Section 35(1) Capital expenditure limits     
Section 37 Capital grants     
Section 38 Scottish Ministers power to pay off loans made to local authorities     
Section 39 Provisions supplementary to sections 35 to 38     
Section 41 Establishment of local authority funds other than general fund: setting of council tax     
Section 42(3) Paid time off for councillors not to be a political donation     
Section 43 Remote participation in and calling of local authority meetings     
Section 44 Travel concessions     
Section 45 Power to charge for vacant places on school buses etc.     
Section 46 Power to provide funds for speed cameras etc.     
Section 48 Delegation of Strathclyde Passenger Transport Authority functions to officials     
Section 49 Parliamentary procedure for regulations about vehicles used as taxis and private hire cars     
Section 51 Arrangements and agreements with bodies corporate     
Section 52 Guidance on contractual matters     
Section 53 Qualification of and assistance for Accounts Commission auditors     
Section 54 Accounts Commission's and auditor's powers to obtain information from persons other than local authorities etc.     
Section 55 Auditor's duty in relation to aspects of best value and community planning     
Section 56 Extension of Controller of Audit's reporting functions to best value and community planning: amendment of section 102 of 1973 Act     
Section 57 Power to modify enactments     
Section 58 Ancillary provision     
Section 59 Equal opportunities     
Section 60, except sub-section (1)(b) and (g) Repeals and consequential amendments     
Section 61 Definitions     


EXPLANATORY NOTE

(This note is not part of the Order)


This Order appoints various days for the coming into force of provisions of the Local Government in Scotland Act 2003 ("the Act").

Article 2(1) provides that the provisions of the Act specified in column 1 of the Schedule shall come into force on 1st April 2003, subject to any restriction of purpose in column 3 of the Schedule.

Article 2(2) provides that section 60(1)(g) of the Act shall come into force on 1st May 2003.

The Act received Royal Assent on 11 February 2003. Sections 42(1), 42(2), 50 and 62 came into force on Royal Assent.

The provisions of the Act remaining to be commenced after the making of this Order are sections 8(2)(c)(ii), 9, 11, 35(2) to (4), 36, 40, 47 and 60(1)(b). Section 8(2)(a)(v) and (2)(d)(i) remains to be commenced for all purposes.

Notes:

 [1] 2003 asp 1.back


ISBN 0 11062246 4


 
© Crown copyright 2003
Prepared 20 March 2003

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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030134.html