Local Government etc. (Scotland) Act 1994
Encyclopedia
The Local Government etc. (Scotland) Act 1994 (c. 39) is an Act
of the Parliament of the United Kingdom
which created the current local government
structure of 32 unitary authorities covering the whole of Scotland
.
It abolished the two-tier structure of regions and districts
created by the Local Government (Scotland) Act 1973
which had previously covered Scotland except for the islands council areas.
The Act came into effect on 1 April 1996.
, Ian Lang
outlined proposed areas in a statement to the Commons on 8 July 1993. This outlined 25 unitary authorities (apart from the 3 Island Areas), as follows
. In the other council areas the convener was to be "known by such title as the council may determine", other than Lord Provost. In 1998 sixteen councils were using the title "provost
", the remaining twelve having conveners.
Area councils were obliged to make a draft decentralisation
scheme by 1 April 1997. The scheme could provide for:
The plan was to include dates at which the various proposals were to be carried out. Having made the draft plan there was to be an eight-week period in which the area council was to consult with the relevant community councils and invite the public to make observations. The decentralisation scheme could then be adopted in original or modified form.
s established by district councils under the 1973 Act were to continue to exist. The area councils took on the powers of the abolished districts to make or amend schemes for the establishment of communities.
The Act also established a Scottish Water and Sewerage Customers Council. The three water authorities were merged in 2002 to form Scottish Water
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which created the current local government
Local government of Scotland
Local government in Scotland is organised through 32 unitary authorities designated as Councils which consist of councillors elected every four years by registered voters in each of the council areas....
structure of 32 unitary authorities covering the whole of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
It abolished the two-tier structure of regions and districts
Regions and districts of Scotland
The local government areas of Scotland were redefined by the Local Government Act 1973 and redefined again by the Local Government etc Act 1994....
created by the Local Government (Scotland) Act 1973
Local Government (Scotland) Act 1973
The Local Government Act 1973 is an Act of the Parliament of the United Kingdom, that reformed local government in Scotland, on May 16, 1975....
which had previously covered Scotland except for the islands council areas.
The Act came into effect on 1 April 1996.
Initial proposals
The Secretary of State for ScotlandSecretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
, Ian Lang
Ian Lang
Ian Bruce Lang, Baron Lang of Monkton PC is a former British Conservative MP for Galloway from 1979 to 1983 and for Galloway and Upper Nithsdale from 1983 to 1997....
outlined proposed areas in a statement to the Commons on 8 July 1993. This outlined 25 unitary authorities (apart from the 3 Island Areas), as follows
- City of Aberdeen: existing Aberdeen District plus Westhill area of Gordon District
- AberdeenshireAberdeenshireAberdeenshire is one of the 32 unitary council areas in Scotland and a lieutenancy area.The present day Aberdeenshire council area does not include the City of Aberdeen, now a separate council area, from which its name derives. Together, the modern council area and the city formed historic...
: Banff and Buchan District, Gordon District less Westhill area, Kincardine and Deeside District less southern part of former County of Kincardineshire - AngusAngusAngus is one of the 32 local government council areas of Scotland, a registration county and a lieutenancy area. The council area borders Aberdeenshire, Perth and Kinross and Dundee City...
and Mearns: Angus District, the Monifieth and Sidlaw areas of Dundee District and the southern part of former County of Kincardineshire from Kincardine and Deeside District less - Argyll and ButeArgyll and ButeArgyll and Bute is both one of 32 unitary council areas; and a Lieutenancy area in Scotland. The administrative centre for the council area is located in Lochgilphead.Argyll and Bute covers the second largest administrative area of any Scottish council...
: Argyll and Bute District, western part of Dumbarton District (including Helensburgh) - BerwickshireBerwickshireBerwickshire or the County of Berwick is a registration county, a committee area of the Scottish Borders Council, and a lieutenancy area of Scotland, on the border with England. The town after which it is named—Berwick-upon-Tweed—was lost by Scotland to England in 1482...
and East LothianEast LothianEast Lothian is one of the 32 council areas of Scotland, and a lieutenancy Area. It borders the City of Edinburgh, Scottish Borders and Midlothian. Its administrative centre is Haddington, although its largest town is Musselburgh....
: Berwickshire District, East Lothian District less Musselburgh/Fisherrow, Preston/Levenhall areas - The BordersScottish BordersThe Scottish Borders is one of 32 local government council areas of Scotland. It is bordered by Dumfries and Galloway in the west, South Lanarkshire and West Lothian in the north west, City of Edinburgh, East Lothian, Midlothian to the north; and the non-metropolitan counties of Northumberland...
: Tweeddale District, Ettrick and Lauderdale District, Roxburgh District - ClackmannanClackmannanshireClackmannanshire, often abbreviated to Clacks is a local government council area in Scotland, and a lieutenancy area, bordering Perth and Kinross, Stirling and Fife.As Scotland's smallest historic county, it is often nicknamed 'The Wee County'....
and FalkirkFalkirk (council area)Falkirk is one of the 32 unitary authority council areas in Scotland. It borders onto North Lanarkshire to the south west, Stirling to the north west, West Lothian to the south east and, across the Firth of Forth to the north east, Fife and Clackmannanshire...
: Clackmannan District, Falkirk District, Kincardine Bridge area of Dunfermline District - Dumbarton and Clydebank: Clydebank District, Dumbarton District (less Helensburgh area)
- Dumfries and GallowayDumfries and GallowayDumfries and Galloway is one of 32 unitary council areas of Scotland. It was one of the nine administrative 'regions' of mainland Scotland created in 1975 by the Local Government etc. Act 1973...
: Dumfries and Galloway Region - City of Dundee: Dundee District less Monifieth and Sidlaw areas
- City of Edinburgh: Edinburgh District
- East DunbartonshireEast DunbartonshireThis article is about the East Dunbartonshire council area of Scotland. See also East Dunbartonshire .East Dunbartonshire is one of the 32 council areas of Scotland. It borders onto the north-west of the City of Glasgow. It contains many of the suburbs of Glasgow as well as containing many of...
: Bearsden and Milngavie District, Strathkelvin District less area around Chryston formerly in the county of Lanarkshire - East RenfrewshireEast RenfrewshireEast Renfrewshire is one of 32 council areas of Scotland. Until 1975 it formed part of the county of Renfrewshire for local government purposes along with the modern council areas of Renfrewshire and Inverclyde...
: Eastwood District, and the Barrhead area and Paisley suburbs in East Renfrewshire constituency from Renfrew District - FifeFifeFife is a council area and former county of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries to Perth and Kinross and Clackmannanshire...
: Fife Region - City of Glasgow: Glasgow District less Toryglen/King's Park, Rutherglen/Fernhill and Cambuslang/Halfway areas
- HighlandHighland (council area)Highland is a council area in the Scottish Highlands and is the largest local government area in both Scotland and the United Kingdom as a whole. It shares borders with the council areas of Moray, Aberdeenshire, Perth and Kinross, and Argyll and Bute. Their councils, and those of Angus and...
: Highland Region - The LothiansLothianLothian forms a traditional region of Scotland, lying between the southern shore of the Firth of Forth and the Lammermuir Hills....
: Midlothian District, West Lothian District, the Musselburgh/Fisherrow, Preston/Levenhall areas of East Lothian District - MorayMorayMoray is one of the 32 council areas of Scotland. It lies in the north-east of the country, with coastline on the Moray Firth, and borders the council areas of Aberdeenshire and Highland.- History :...
: Moray District - North AyrshireNorth AyrshireNorth Ayrshire is one of 32 council areas in Scotland with a population of roughly 136,000 people. It is located in the south-west region of Scotland, and borders the areas of Inverclyde to the north, Renfrewshire to the north-east and East Ayrshire and South Ayrshire to the East and South...
: Cunninghame District, Cumnock and Doon Valley District, Kilmarnock and Loudoun District - North LanarkshireNorth LanarkshireNorth Lanarkshire is one of 32 council areas in Scotland. It borders onto the northeast of the City of Glasgow and contains much of Glasgow's suburbs and commuter towns and villages. It also borders Stirling, Falkirk, East Dunbartonshire, West Lothian and South Lanarkshire...
: Cumbernauld and Kilsyth District, Monklands District, Motherwell District, the area around Chryston formerly in the county of Lanarkshire from Strathkelvin District - Perthshire and KinrossPerth and KinrossPerth and Kinross is one of 32 council areas in Scotland, and a Lieutenancy Area. It borders onto the Aberdeenshire, Angus, Dundee City, Fife, Clackmannanshire, Stirling, Argyll and Bute and Highland council areas. Perth is the administrative centre...
: Perth and Kinross District - South AyrshireSouth AyrshireSouth Ayrshire is one of 32 council areas of Scotland, covering the southern part of Ayrshire. It borders onto East Ayrshire, North Ayrshire and Dumfries and Galloway....
: Kyle and Carrick District - South LanarkshireSouth LanarkshireSouth Lanarkshire is one of 32 unitary council areas of Scotland, covering the southern part of the former county of Lanarkshire. It borders the south-east of the city of Glasgow and contains many of Glasgow's suburbs, commuter towns and smaller villages....
: Clydesdale District, Hamilton District, East Kilbride District, the Toryglen/King's Park, Rutherglen/Fernhill and Cambuslang/Halfway areas from Glasgow District - StirlingStirling (council area)Stirling is one of the 32 unitary local government council areas of Scotland, and has a population of about 87,000 . It was created under the Local Government etc Act 1994 with the boundaries of the Stirling district of the former Central local government region, and it covers most of the former...
: Stirling District - West RenfrewshireWest RenfrewshireWest Renfrewshire and Renfrewshire West may mean or refer to:* West Renfrewshire * West Renfrewshire...
: Inverclyde District, Renfrew District less the Barrhead area and Paisley suburbs in East Renfrewshire constituency
New local government areas
Schedule I of the Act defined the new local government areas in terms of the existing districts and regions. Islands council areas had been unitary council areas since implementation of the 1973 Act, and Section 3 of the 1994 Act provided that the existing islands areas were to continue to be local government areas.| Areas established by the Act (Names for some of the council areas have changed since the Act was passed.) | ||
|---|---|---|
| Region or islands council area | New unitary council area or areas | District or districts incorporated or partly incorporated |
| Borders | Borders Became Scottish Borders |
Berwickshire, Ettrick and Lauderdale, Roxburgh and Tweeddale |
| Central | Clackmannan Became Clackmannanshire |
Clackmannan |
| Falkirk Falkirk (council area) Falkirk is one of the 32 unitary authority council areas in Scotland. It borders onto North Lanarkshire to the south west, Stirling to the north west, West Lothian to the south east and, across the Firth of Forth to the north east, Fife and Clackmannanshire... |
Falkirk | |
| Stirling Stirling (council area) Stirling is one of the 32 unitary local government council areas of Scotland, and has a population of about 87,000 . It was created under the Local Government etc Act 1994 with the boundaries of the Stirling district of the former Central local government region, and it covers most of the former... |
Stirling | |
| Dumfries and Galloway | Dumfries and Galloway | Annandale and Eskdale, Nithsdale, Stewartry and Wigtown |
| Fife | Fife | Dunfermline, Kirkcaldy and North East Fife |
| Grampian | Aberdeenshire | Banff and Buchan, Gordon and Kincardine and Deeside |
| City of Aberdeen Became Aberdeen City |
City of Aberdeen | |
| Moray | Moray | |
| Highland | Highland Highland (council area) Highland is a council area in the Scottish Highlands and is the largest local government area in both Scotland and the United Kingdom as a whole. It shares borders with the council areas of Moray, Aberdeenshire, Perth and Kinross, and Argyll and Bute. Their councils, and those of Angus and... |
Badenoch and Strathspey, Caithness, Inverness, Lochaber, Nairn, Ross and Cromarty, Skye and Lochalsh and Sutherland |
| Lothian | East Lothian | East Lothian |
| City of Edinburgh | City of Edinburgh | |
| Midlothian | Midlothian | |
| West Lothian | West Lothian | |
| Orkney | Orkney Islands | Not applicable |
| Shetland | Shetland Islands | Not applicable |
| Strathclyde | Argyll and Bute | Argyll and Bute and part of Dumbarton (Helensburgh (7) regional electoral division and part of Vale of Leven (8) regional electoral division) |
| Dumbarton and Clydebank Became West Dunbartonshire |
Clydebank and part of Dumbarton (Dumbarton (6) regional electoral division and part of Vale of Leven (8) regional electoral division) | |
| East Ayrshire | Kilmarnock and Loudoun Kilmarnock and Loudoun (district) Kilmarnock and Loudoun was one of nineteen local government districts in the Strathclyde region of Scotland from 1975 to 1996.... and Cumnock and Doon Valley |
|
| East Dunbartonshire | Bearsden and Milngavie and part of Strathkelvin (Kirkintilloch (43), Strathkelvin North (44) and Bishopbriggs (45) regional electoral divisions and South Lenzie/Waterside district ward) | |
| East Renfrewshire | Eastwood and part of Renfrew (Barrhead (79) regional electoral division) | |
| City of Glasgow Became Glasgow City |
Part of City of Glasgow (all except Rutherglen/Fernhill (37) and Cambuslang/Halfway (38), Glasgow/Halfway regional electoral divisions and part of King's Park/Toryglen (35) regional electoral division) | |
| Inverclyde | Inverclyde | |
| North Ayrshire | Cunninghame | |
| North Lanarkshire | Cumbernauld and Kilsyth, Monklands, Motherwell and part of Strathkelvin (part of Chryston (46) regional electoral division (all except South Lenzie/Waterside district ward)) | |
| Renfrewshire | Part of Renfrew (all except Barrhead (79) regional electoral division) | |
| South Ayrshire | Kyle and Carrick | |
| South Lanarkshire | Clydesdale, East Kilbride, Hamilton and part of City of Glasgow (Rutherglen/Fernhill (37) and Cambuslang/Halfway (38), Glasgow/Halfway regional electoral divisions and part of King's Park/Toryglen (35) regional electoral division) | |
| Tayside | Angus | Angus and part of City of Dundee (Monifieth (30) regional electoral division and part of Sidlaw (31) regional electoral division) |
| City of Dundee Became Dundee City |
Part of City of Dundee (all except Monifieth (30) regional electoral division and part of Sidlaw (31) regional electoral division) | |
| Perth and Kinross | Perth and Kinross and part of City of Dundee (part of Sidlaw (31) regional electoral division) | |
| Western Isles | Western Isles Became Na h-Eileanan Siar |
Not applicable |
Area councils
Each area established by the Act was to be governed by an elected council. The council's title was simply the name of the area followed by the word "Council": Argyll and Bute Council, Aberdeen City Council and so on. Each area was divided into wards with each ward returning a single councillor. The councillors were required to elect a convener, and could choose to elect a depute convener. In the four city areas (Aberdeen, Dundee, Edinburgh and Glasgow) the convener's title was to be Lord ProvostLord Provost
A Lord Provost is the figurative and ceremonial head of one of the principal cities of Scotland. Four cities, Aberdeen, Dundee, Edinburgh and Glasgow, have the right to appoint a Lord Provost instead of a provost...
. In the other council areas the convener was to be "known by such title as the council may determine", other than Lord Provost. In 1998 sixteen councils were using the title "provost
Provost (civil)
A provost is the ceremonial head of many Scottish local authorities, and under the name prévôt was a governmental position of varying importance in Ancien Regime France.-History:...
", the remaining twelve having conveners.
Area councils were obliged to make a draft decentralisation
Décentralisation
Décentralisation is a french word for both a policy concept in French politics from 1968-1990, and a term employed to describe the results of observations of the evolution of spatial economic and institutional organization of France....
scheme by 1 April 1997. The scheme could provide for:
- The holding of meetings of the council (or any committee or sub-committee) at particular places within the council area
- The establishment of committees for particular areasArea committeeMany large local government councils in the United Kingdom have a system of area committees, with responsibility for services in a particular part of the area covered by the council....
and the delegation to them of specified functions - The location of council offices within the area
- The provision of facilities for accessing advice on council services at particular places within the council area
The plan was to include dates at which the various proposals were to be carried out. Having made the draft plan there was to be an eight-week period in which the area council was to consult with the relevant community councils and invite the public to make observations. The decentralisation scheme could then be adopted in original or modified form.
Community councils
Community councilCommunity council
A community council is a public representative body in Great Britain.In England they may be statutory parish councils by another name, under the Local Government and Public Involvement in Health Act 2007, or they may be non-statutory bodies...
s established by district councils under the 1973 Act were to continue to exist. The area councils took on the powers of the abolished districts to make or amend schemes for the establishment of communities.
Water supply and sewerage
Part II of the Act reorganised water supply and sewerage services, previously the responsibility of regional councils. Three water authorities were established, each with a defined water area and sewerage area (which were not necessarily identical). The water and sewerage areas were defined in schedule 8, as follows:| Water and sewerage areas established by the Act | ||||
|---|---|---|---|---|
| Water Authority | Water Area | Constituent areas | Sewerage Area | Constituent areas |
| East of Scotland | Eastern | Lothian Region, Borders Region, Fife Region, Central Region, The former county of Kinross Kinross-shire Kinross-shire or the County of Kinross is a registration county, electoral ward and historic county in the Perth and Kinross council area in the east central Lowlands of Scotland... , that part of the former counties of Stirling Stirlingshire Stirlingshire or the County of Stirling is a registration county of Scotland, based around Stirling, the former county town. It borders Perthshire to the north, Clackmannanshire and West Lothian to the east, Lanarkshire to the south, and Dunbartonshire to the south-west.Until 1975 it was a county... and Dunbarton Dunbartonshire Dunbartonshire or the County of Dumbarton is a lieutenancy area and registration county in the west central Lowlands of Scotland lying to the north of the River Clyde. Until 1975 it was a county used as a primary unit of local government with its county town and administrative centre at the town... which lay within both Strathclyde Region and the region of the former Mid-Scotland Water Board, Craigmaddie Loch (which had been transferred from Stirling District and Central Region to Strathkelvin District and Strathclyde Region on 1 April 1977) |
Eastern | Lothian Region, Borders Region, Fife Region, Central Region, the former county of Kinross |
| North of Scotland | Northern | Highland Region, Grampian Region, Tayside Region except the former county of Kinross, the Islands Areas | Northern | Highland Region, Grampian Region, Tayside Region except the former county of Kinross, the Islands Areas |
| West of Scotland | Western | Strathclyde Region except the parts included in the Eastern Water Area, Dumfries and Galloway Region | Western | Strathclyde Region, Dumfries and Galloway Region |
The Act also established a Scottish Water and Sewerage Customers Council. The three water authorities were merged in 2002 to form Scottish Water
Scottish Water
Scottish Water is a statutory corporation in Scotland that provides water and sewerage services. Unlike in England and Wales, water and sewerage provision in Scotland continues as a public corporation accountable to the public through the Scottish Government....
.
Other functions
The reorganisation of local government areas also led to changes in policing, fire services, public transport and tourism promotion. These had been organised in 1975 to correspond to one or more regions.- The Police (Scotland) Act 1967Police (Scotland) Act 1967The Police Act 1967 is an Act of the United Kingdom Parliament which provides the current framework within which the territorial police forces in Scotland operate...
was amended to allow for the reconstitution of police areas and appointment of joint authorities. - Similarly fire services and authorities were reconstituted.
- The Secretary of State for Scotland was to designate an area and constitution for the Strathclyde Passenger Transport AuthorityStrathclyde Partnership for TransportThe Strathclyde Partnership for Transport is a public body which is responsible for planning and co-ordinating regional transport, and especially the public transport system, in the Strathclyde area of western Scotland...
. - Area Tourist Boards were to be established by the Secretary of State.
- Civic Licensing – the Civic Government (Scotland) Act 1982 introduced a codified framework of regulation of activities such as taxis, street traders, public entertainment and so on. After the introduction of the 1994 Act, the "licensing authority" became the new unitary council for each area.