Public Libraries and Museums Act 1964

SCHEDULES

Section 11.

SCHEDULE 1 E+W Superannuation and Other Benefits in Cases of Transfer etc.

1 (1)–(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Sch. 1 paras. 1(1)(2)(3), 3 repealed with saving by S.I. 1974/520, Sch. 19 Pt. II and 1977/1341, Sch. 6 Pt. I

F2 Sch. 1 para. 1(4) repealed by Superannuation Act 1972 (c. 11), Sch. 8

2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 1 para. 2 repealed by Superannuation Act 1972 (c. 11), Sch. 7 para. 5(1), Sch. 8

3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 1 paras. 1(1)(2)(3), 3 repealed with saving by S.I. 1974/520, Sch. 19 Pt. II and 1977/1341, Sch. 6 Pt. I

4 (1) Where a joint board established under section 5 of this Act is dissolved, and at any time before its dissolution a gratuity by way of periodical payments or an annuity— E+W

(a) was granted to any person by the board on his ceasing to be employed by the board, or

(b) was granted to the widow or any other dependant of a person who died while in the employment of the board, or who died during the currency of such a gratuity granted to him as mentioned in paragraph (a) above,

and, if the board had not been dissolved at that time, one or more payments in respect of that gratuity would under the terms of the grant have fallen to be made by the board after that time (whether the board would have been obliged to make those payments or not), those payments shall be made by such authority (being one of the authorities which on the dissolution of the board again become library authorities) as the Secretary of State may determine.

(2) Without prejudice to sub-paragraph (1) above, where for the purposes of any pensions provision the board, if it had not been dissolved, would at any time after the date on which it is dissolved have been the employing authority or former employing authority in relation to—

(a) a person who before that time died while in the employment of the board, or otherwise ceased to be employed by the board; or

(b) the widow or any other dependant of such a person,

such authority (being one of the authorities which on the dissolution of the board again become library authorities) as the Secretary of State may determine shall be treated as being at that time the employing authority or former employing authority for those purposes in relation to that person, or to that person’s widow or other dependant, as the case may be.

Modifications etc. (not altering text)

C1 Functions of Secretary of State, so far as exercisable on the dissolution of a joint board whose area does not include any part of Wales, exercisable as from 29.4.1986 to 2.7.1992 by the Lord President of the Council and as from 3.7.1992 again exercisable by the Secretary of State, by virtue of S.I. 1979/907, art. 3(2); 1981/207, art. 2 Sch. 1 Pt. I; 1983/879, arts. 4(1)(2), 11; 1984/1814, arts. 2(1), 7, Sch. 1 Pt. I; 1986/600, arts. 2(1), 7, Sch. 1 Pt. I; 1992/1311 arts. 3, 12(4), Sch.1

5 E+W In this Schedule—

• . . . . . . F5

• “pensions provision” means a provision relating to pensions contained in or made under a general or local Act.

Textual Amendments

F5 Definition of “pensions” repealed with saving by S.I. 1974/520, Sch. 19 Pt. II and 1977/1341, Sch. 6 Pt. I

Section 15.

SCHEDULE 2 E+W Management of Funds for Purchase of Exhibits

Payments into fund E+W

1 E+W No payment shall be made into the fund (hereinafter referred to as the “art fund”) unless the payment is authorised or required to be made by the following provisions of this Schedule.

2 (1) There may be paid into the art fund from the county fund [F6 council fund] or, as the case may be, the [F7 general fund or, in the case of the common council, the City fund]such sums as the local authority determine, . . . F8 E+W

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F6 Words inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 24(4) (with ss. 54(5)(7), 55(5), 66(7) Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 Words substituted by S.I. 1990/1285, art. 2, Sch. Part I para. 6

F8 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F9 Sch. 2 paras. 2(2)(3), 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

3 E+W Where any object previously kept for exhibition in a museum or art gallery maintained by the local authority under section 12 of this Act is sold by the authority, and the proceeds of sale are not subject to any trust the terms of which prevent their being used for the purchase of other objects for exhibition either in that museum or gallery or in any other museum or art gallery for the time being so maintained, the proceeds of sale or any part thereof may be paid into the art fund.

Power of investment E+W

4 E+W Until it is required for the purposes of the art fund, money therein may be invested by the local authority in the like investments as trustees are for the time being by law authorised to make, and for this purpose section 7 of the M1 Trustee Investments Act 1961 (which applies the preceding sections of the Act to persons, other than trustees, having trustee investment powers) shall have effect as if this Act had been passed before that Act:

Provided that for the purpose of the making of investments by the authority under this paragraph, paragraph 9 of Part II of Schedule 1 to that Act (which specifies local authorities whose securities are to be authorised investments) shall not apply to the authority or to a joint board comprising the authority and established under section 5 of this Act.

Marginal Citations

M1 1961 c. 62.

5 E+W Income arising from investments made under paragraph 4 above shall be carried to the county fund [F10 council fund] or the [F11 general fund or, in the case of the common council, the City fund], as the case may be, and an equivalent sum shall be paid from that fund into the art fund.

Textual Amendments

F10 Words inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 24(4) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F11 Words substituted by S.I. 1990/1285, art. 2, Sch. Part I para. 6

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 2 paras. 2(2)(3), 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

F13 F13 SCHEDULE 3 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI