Local Government Act 1972

SCHEDULES

Section 1.

SCHEDULE 1 E+W Counties and Metropolitan Districts in England

Modifications etc. (not altering text)

C1 By The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15, Sch. 2 para. 17 it is provided (24.6.2003) that the reference in Sch. 1 para. 6 to "other securities so transferable" shall include a reference to uncertificated units of eligible debt securities

Part III E+W Rules as to Boundaries

1 E+W The boundaries of the new local government areas shall be mered by Ordnance Survey.

2 E+W Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the M1 Local Government Act 1958 or section 6 of the 1963 Act by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.

Marginal Citations

M1 1958 c. 55.

3 E+W The boundary dividing the Egerton ward of the urban district of Turton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Delph Brook to the end of the Reservoir Dam, thence to Blackburn Road north of Moss Cottages and thence north-eastwards to the ward boundary.

4 E+W The boundary dividing the borough of Whitley Bay referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the access road to Hartley West Farm, Hartley Lane, West End, the northern boundaries of Ordnance Survey parcels 0057, 2657 and 4156 and thence north-eastwards to the boundary of the borough.

5 E+W The boundary in the parish of Harraton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the link road C8 between Western Highway and Vigo Lane.

6 E+W The boundary dividing the parishes of East Harptree, West Harptree, Compton Martin, Ubley, Blagdon and Burrington referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine generally between the 500 ft. and 800 ft. contours on the northern slopes of the Mendip Hills to the vicinity of Burrington Camp and thence westwards to the boundary of the parish of Burrington.

7 E+W The boundary dividing the parish of Wexham referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the northern and eastern boundaries of Wexham Hospital, Wexham Park Lane, the eastern and southern boundaries of Ordnance Survey parcels 49, 48a, 31, 32, 33, 15, 14 and 13, Church Lane and Uxbridge Road south-westwards from Church Lane.

8 E+W The boundary dividing the parish of Christchurch East referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line from the neighbourhood of Barrett’s Copse to the River Mude in the neighbourhood of Waterhouse Farm and thence along that river downstream to the parish boundary.

9 E+W The boundary dividing the parish of Sopley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Avon.

10 E+W The boundary dividing the parish of Herringfleet referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Blocka Lane, Blocka Road, Herringfleet Road, the southern boundaries of Ordnance Survey parcels 105B, 80, 77 and 78, and thence to the parish boundary.

11 E+W The boundary dividing the parish of Corton referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of an extension eastwards of the southern boundary of the parish of Hopton-on-Sea.

12 E+W The boundary dividing the parish of Horley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Mole, Burstow Stream, the railway from Horley to Earlswood and Crossoak Lane.

Part IV E+W Divided Parishes

1 E+W The following areas shall be parishes, that is to say—

(a) the part of the existing parish of Altcar in Lancashire;

(b) the part of the existing parish of Altcar in Merseyside;

(c) the part of the existing parish of Birtley in district (c) in Tyne and Wear;

(d) the part of the existing parish of Blagdon in Avon;

(e) the part of the existing parish of Bold in Merseyside;

(f) the part of the existing parish of Burnham in Berkshire;

(g) the part of the existing parish of Burnham in Buckinghamshire;

(h) the part of the existing parish of Burrington in Avon;

(i) the parts of the existing parishes of Charlwood and Horley in Surrey;

(j) the part of the existing parish of Charlwood in West Sussex;

(k) the part of the existing parish of Christchurch East in Dorset;

(l) the part of the existing parish of Christchurch East in Hampshire;

(m) the part of the existing parish of Compton Martin in Avon;

(n) the part of the existing parish of Corton in Suffolk;

(o) the part of the existing parish of East Harptree in Avon;

(p) the part of the existing parish of Harraton in Durham;

(q) the part of the existing parish of Harworth in Nottinghamshire;

(r) the part of the existing parish of Herringfleet in Suffolk;

(s) the part of the existing parish of Horley in West Sussex;

(t) the part of the existing parish of Loxton in Avon;

(u) the part of the existing parish of Lydiate in Merseyside;

(v) the part of the existing parish of Sopley in Hampshire;

(w) the part of the existing parish of South Biddick in Durham;

(x) the part of the existing parish of Ubley in Avon;

(y) the part of the existing parish of West Harptree in Avon;

(z) the part of the existing parish of Wexham in Berkshire; and

(za) the part of the existing parish of Wexham in Buckinghamshire.

2 (1) The part of the existing parish of Bold in Cheshire shall be added to the parish of Great Sankey. E+W

(2) The parts of the existing parishes of Blagdon, Burrington, Compton Martin, East Harptree, Ubley and West Harptree in Somerset shall be added to the parish of Priddy.

(3) The part of the existing parish of Corton in Norfolk shall be added to the parish of Hopton-on-Sea.

(4) The part of the existing parish of Harworth in South Yorkshire shall be added to the parish of Bawtry.

(5) The part of the existing parish of Herringfleet in Norfolk shall be added to the parish of Fritton.

(6) The part of the existing parish of Loxton in Somerset shall be added to the parish of East Brent.

(7) The part of the existing parish of Lydiate in Lancashire shall be added to the parish of Downholland.

(8) The part of the existing parish of Sopley in Dorset shall be added to the parish of Hurn.

3 E+W The parts of the existing parishes of Birtley, Harraton and South Biddick in district (e) in Tyne and Wear shall cease to be in any parish.

4 E+W Paragraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.

Part V E+W Constitution of Parishes by Reference to existing Urban District and Borough Boundaries

1 (1) The English Commission shall consult the councils of existing counties, boroughs and urban districts and the committees established under section 264(1)(b) above with a view to making proposals to the Secretary of State for the constitution of parishes each of which has a boundary coterminous with that of— E+W

(a) an existing urban district or borough, the area of which is not divided by or under section 1 above between two or more districts, or

(b) so much of an existing urban district or borough, the area of which is so divided, as is wholly comprised in a single district,

and for naming those parishes.

(2) The Secretary of State may give the Commission directions for their guidance in making any such proposals.

2 (1) The Secretary of State shall by order give effect to any proposals under paragraph 1 above, either as made to him or with modifications, but except in so far as any such order specifies part of the boundary of a district as part of the boundary of a parish no such order may specify for a parish a boundary different from that of an existing urban district or borough. E+W

(2) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3 E+W The constitution of an area as a parish under this Part of this Schedule shall not affect—

(a) the continued existence, subject to section 1(10) above, of the borough or urban district the area of which or of part of which is co-extensive with that of the parish, or

(b) the power to make changes in local government areas under Part IV above.

4 E+W In this Part of this Schedule “borough” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.

Section 8.

SCHEDULE 2 E+W Constitution and Membership of Greater London Council and London Borough Councils

Part I E+W

Constitution E+W

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

(2) For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.

Textual Amendments

F1 Sch. 2 para. 1(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Chairman and mayor E+W

2 (1) The F2 . . . mayor of a London borough shall be elected annually by the council from among the councillors. E+W

(2) The F2 . . . mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as F2 . . . mayor.

(3) During his term of office the F2 . . . mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(4) F2 . . . a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the F2 . . . mayor to meet the expenses of his office.

(5) The mayor of a London Borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty’s royal prerogative.

Textual Amendments

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Election of chairman and mayor E+W

3 (1) The election of the F3 . . . mayor shall be the first business transacted at the annual meeting of F3 . . . a London borough council. E+W

(2) If, apart from paragraph 2(3) above F3 . . ., the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with sub-paragraph (3) below.

(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

Textual Amendments

F3 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F4 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 para. 4 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Power of mayor of London borough to appoint deputy E+W

5 (1) The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a newly elected mayor becomes entitled to act as mayor (whether or not he continues until that time to be a councillor). E+W

(2) The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.

(3) The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.

(4) A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.

[F5 Modifications of preceding provisions E+W

Textual Amendments

F5 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F6 5A E+W Where a London borough council are operating executive arrangements which involve a leader and cabinet executive—

(a) paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

“(1A) A member of the executive of a London borough council may not be elected as the mayor of the borough.”

(b) paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

“(1A) A member of the executive of a London borough council may not be appointed as the deputy mayor.”

Textual Amendments

F6 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F7 5B E+W Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.

Textual Amendments

F7 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F8 5C The council shall consist of an elected mayor, a chairman and councillors.

Textual Amendments

F8 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F9 5D E+W Paragraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.

Textual Amendments

F9 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F10 5E E+W Paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A) A member of the executive of a London borough council may not be elected as the chairman of the council.

Textual Amendments

F10 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F11 5F E+W Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.

Textual Amendments

F11 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F12 5G E+W Paragraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.

Textual Amendments

F12 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F13 5H E+W Paragraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—

(1) A London borough council shall appoint a member of the council to be vice-chairman of the council.

(1A) A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.

(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”

Textual Amendments

F13 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

F14 5I E+W Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.]

Textual Amendments

F14 Sch. 2 paras. 5A-5I and cross heading inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 13(1)(2); S.I. 2000/2849, art. 2(e)

Term of office and retirement of councillors E+W

6 (1) F15 . . . London borough councillors shall be elected by the local government electors for F15 . . . the borough, F15 . . ., in accordance with this Act and Part I of the [F16 Representation of the People Act 1983]. E+W

F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The ordinary election of London borough councillors shall take place in 1974 and [F18 every fourth year] thereafter, their term of office shall be [F18 four years] and they shall retire together in every [F18 such fourth year] on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F16 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 8 para. 12

F17 Sch. 2 para. 6(2) repealed by Local Government (Interim Provisions) Act 1984 (c. 53, SIF 81:1), s. 2(4)

F18 Words substituted by S.I. 1976/213, art. 3

F19 Sch. 2 para. 6(4) repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

Modifications etc. (not altering text)

C2 Sch. 1 para. 6 extended (24.6.2003) byThe Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15 {Sch. 2 para. 17}

Electoral divisions and wards E+W

7 (1) Subject to the following provisions of this paragraph, for the purposes of the election of councillors—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(b) every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under Part IV of this Act;

and there shall be a separate election for each . . . F20 ward.

(2) Until provision is made as mentioned in sub-paragraph (1)(b) above by an order under Part IV of this Act, the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F20 Sch. 2 para. 7(1)(a) and words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F21 Sch. 2 paras. 7(3), 8 and Pt. II (paras. 9–14) repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F22 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 2 paras. 7(3), 8 and Pt. II (paras. 9–14) repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

Part II E+W

F23 9–14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 2 paras. 7(3), 8 and Pt. II (paras. 9–14) repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

SCHEDULE 3 E+W Establishment of New Authorities in England

Division of non-metropolitan counties into districts E+W

1 (1) The English Commission shall as soon as practicable after the passing of this Act make proposals to the Secretary of State for the division of non-metropolitan counties into districts, for defining the areas of those districts and for naming them, and the Secretary of State may give the Commission directions for their guidance in making any such proposals. E+W

(2) The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifications, but an order shall not be made under this paragraph defining the areas of non-metropolitan districts unless a draft of the order has been approved by resolution of each House of Parliament.

(3) An order under this paragraph shall, notwithstanding that it applies only to one or some of the non-metropolitan counties, proceed in Parliament as if its provisions would, apart from this paragraph, require to be enacted by a public Bill.

County and district councillors E+W

2 Elections of councillors of the new principal councils shall be held on dates in 1973 fixed by the Secretary of State by order and the persons elected at these elections shall come into office on the fourth day after the day of election.

3 (1) For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate. E+W

(2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 6(2)(a) above shall not apply to any such election.

(3) An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.

4 (1) Of the district councillors elected under paragraph 2 above for any ward of a metropolitan district—

(a) one-third shall retire in 1975, being, subject to sub-paragraphs (2) and (3) below, those elected by the smallest numbers of votes;

(b) one-third shall retire in 1976, being, subject as aforesaid, those elected by the next smallest numbers of votes; and

(c) the remainder shall retire in 1978;

in each case on the fourth day after the ordinary day of election of such councillors in the year of retirement.

(2) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person or persons to retire in that year shall be determined by lot.

(3) If an election of district councillors under paragraph 2 above for any ward of a metropolitan district is not contested, the person or persons to retire in each such year shall be determined by lot.

(4) Where under this paragraph any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

First elections and meetings of new councils E+W

5 (1) At the first elections of councillors for a new principal area the returning officer shall be an officer of the council appointed by such existing county, borough or urban or rural district council as the Secretary of State may by order designate and not a person appointed under section 41 above.

(2) Section 42(5) above shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of any such election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(3) In relation to any such election “the appropriate officer” in Parts II and III of the M2 Representation of the People Act 1949 means the returning officer appointed under this paragraph instead of having the meaning assigned to that expression by section 55(6)(b) of that Act.

Marginal Citations

M2 1949 c. 68.

6 (1) For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any new principal area under section 83 above before the first meeting of that council, the clerk of an existing authority designated by the committee established for the area under section 264 above shall be deemed to be and shall act as the proper officer of the council.

(2) Any such declaration delivered by virtue of this paragraph to the said clerk shall be transferred by him to the custody of the proper officer of the new council on the appointment of the latter.

7 (1) The first meeting of each new principal council shall be held within 21 days immediately following the day of election and shall be treated as the annual meeting of the council for 1973.

(2) The meeting shall be convened by the clerk of an authority designated by the committee established for the area of the new council under section 264 above and shall be held at such place as he may appoint instead of such place as the council may direct as required by paragraph 4(1) of Schedule 12 to this Act.

(3) The notice of the meeting required by paragraph 4(2) of that Schedule shall be published at the place where the meeting is to be held instead of at the council’s offices and the summons to attend the meeting required by that paragraph shall be signed by the said clerk instead of by the proper officer of the council.

8 (1) Until the completion of the election of a chairman at the first meeting of a new principal council, persons designated by the committee established for the area of the council under section 264 above shall exercise any functions falling to be exercised by the chairman and vice-chairman of the council, but any person so designated shall not vote in the first instance at the election of the chairman unless he is a councillor for the new area.

(2) At the first meeting of a new principal council the clerk or deputy clerk of an existing authority so designated shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority so designated shall apply at the first meeting of a new principal council.

9 The Secretary of State may himself exercise a committee’s power of designation for the purposes of any provision of paragraph 6, 7 or 8 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate.

Parish councillors E+W

10 (1) Until provision is made to the contrary under Part I or Part IV of this Act—

(a) the number of councillors for a parish which immediately before the passing of this Act was a borough included in a rural district, not being a borough divided into wards, shall be the same as the number of councillors for that borough;

(b) where any such borough was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the borough, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the borough;

(c) the number of councillors for a parish which immediately before the passing of this Act was co-extensive with a rural district which is not divided into wards shall be the same as the number of councillors for that rural district; and

(d) where a rural district which is co-extensive with a parish was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the rural district, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the rural district.

(2) Until provision is made to the contrary under Part I or Part IV of this Act, the provisions of this sub-paragraph shall have effect with respect to the number of councillors for a parish constituted under Part V of Schedule 1 above and having an area co-extensive with that of an existing borough or urban district, that is to say—

(a) if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;

(b) if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;

(c) if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;

(d) if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number of councillors for the corresponding ward of the urban district;

and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.

(3) In the case of a parish constituted under Part V of Schedule 1 above and having an area co-extensive with part only of an existing borough or urban district, the Secretary of State shall by order make such provision with respect to—

(a) the number of councillors for the parish as a whole,

(b) the division of the parish into wards, and

(c) if the parish is so divided, the number of councillors for each ward,

as appears to him to correspond, in relation to the part of the existing borough or urban district concerned, to the provision made by paragraphs (a) to (d) of sub-paragraph (2) above in the case of a parish the area of which is co-extensive with that of the whole of an existing borough or urban district; and the provision made by any such order shall have effect until provision is made to the contrary under Part I or Part IV of this Act.

Qualification for membership of local authority E+W

11 For the purposes of section 79 above, in its application to a candidate for membership of a new local authority, the new local government areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.

Suspension of elections E+W

12 (1) No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.

(2) Subject to sub-paragraph (3) below any ordinary election of parish councillors due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the district in which the parish is situated; and any such councillor who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of parish councillors takes place in pursuance of this sub-paragraph.

(3) No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act.

(4) Subject to sub-paragraph (6) below, any parish councillor elected at the ordinary election of parish councillors in 1973 shall come into office on the fourth day after the day of election and shall (unless he resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of parish councillors in 1976.

(5) Any parish councillor—

(a) for an existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act; or

(b) for a parish to which part of any parish is added by paragraph 2 of the said Part IV;

who holds office immediately before the end of 1972 or is appointed after the end of that year to fill a casual vacancy occurring before the end of that year shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1974.

(6) Any parish councillor elected in 1973 for a parish mentioned in sub-paragraph (5)(b) above shall not act in his office before 1st April 1974 except for the purpose of taking any action with a view to enabling the new parish council to exercise their functions on and after that date.

(7) No election of parish councillors shall be held in 1974 or 1975, and any parish councillor who (apart from this Act) would ordinarily have retired in 1974 or 1975 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the ordinary day of election of parish councillors in 1976.

(8) Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.

(9) The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and—

(a) the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b) the person who in 1973 is elected as mayor of the borough shall also hold office as chairman of the parish council until his successor becomes entitled to act as chairman; and

(c) the person who in 1973 is appointed deputy mayor of the borough shall also hold office as vice-chairman of the parish council until the abolition of the borough.

(10) Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and—

(a) the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b) the person who in 1973 is elected as chairman of the rural district council shall also hold office as chairman of the parish council until his successor becomes entitled to act as chairman; and

(c) the person who in 1973 is appointed vice-chairman of the rural district council shall also hold office as vice-chairman of the parish council until the abolition of the rural district council.

(11) Any person elected councillor as mentioned in sub-paragraph (9) or sub-paragraph (10) above shall come into office on the fourth day after the day of election and shall (unless he resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of parish councillors in 1976.

(12) As respects an existing county or borough (other than a London borough)—

(a) no ordinary election of aldermen shall be held after the passing of this Act;

(b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and

(c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.

(13) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of—

(a) chairman or vice-chairman of the council of an existing county or urban or rural district other than chairman of a rural district which is co-extensive with a parish; or

(b) mayor of an existing borough (other than a London borough or a borough included in a rural district).

(14) The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.

13 (1) The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(2) above and also in relation to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish,—

(a) references in this paragraph to the order are references to the order under the said Part V constituting the parish, and

(b) references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.

(2) As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district, and, if the parish is divided into wards in accordance with paragraph 10(2) above—

(a) the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and

(b) in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.

(3) Each person who becomes a parish councillor by virtue of sub-paragraph (2) above shall (unless he resigns his office or it otherwise becomes vacant) continue to hold that office until the fourth day after the ordinary day of election of parish councillors in 1976.

(4) Until 1st April 1974 the persons for the time being holding office as mayor and deputy mayor of the borough or, as the case may be, as chairman and vice-chairman of the council of the urban district shall, by virtue of those offices, hold office as chairman and vice-chairman of the parish council, respectively; and the persons who, by virtue of this sub-paragraph, hold office as chairman and vice-chairman of the parish council immediately before 1st April 1974 shall, subject to section 15 above, continue to hold those offices on and after that date as if they had been elected to them at the annual meeting of the parish council held in 1973.

(5) Where this paragraph applies to a parish, then, as from the date specified in the order, paragraph 12(1) above shall not apply in relation to elections to fill casual vacancies in the office of councillor of the borough or urban district, as the case may be, and any casual vacancy which has not been filled on that date shall be deemed for the purposes of the 1933 Act to have arisen on that date; and without prejudice to sub-paragraph (3) above a councillor elected after that date to fill a casual vacancy shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office as a councillor of the borough or urban district until 1st April 1974.

(6) Where this paragraph applies to a parish, sub-paragraph (12)(c) and (13) of paragraph 12 above shall not apply in relation to the borough or urban district, as the case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.

14 E+W In the case of a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(3) above, the Secretary of State shall by order make such provision in relation to the councillors of the parish, the chairman and vice-chairman of the parish council and the aldermen and councillors of the borough, or as the case may be the councillors of the urban district, concerned as appears to him to be appropriate to secure for the parish and that borough or urban district a result corresponding, so far as practicable, with that produced in the case of a parish falling within paragraph 10(2) above, by sub-paragraphs (2) to (6) of paragraph 13 above.

Annual meetings E+W

15 In the year 1973 the annual meeting of a borough council other than the council of a London borough or a borough included in a rural district shall be held on such day in the month of March, April or May as the council may fix.

16 In that year the annual meeting of the council of a parish or a borough included in a rural district which (apart from this Act) is due to be held on or within fourteen days after 20th May and, in the case of a rural district which is co-extensive with a parish, the annual meeting of the rural district council which (apart from this Act) is due to be held on or as soon as conveniently may be after that date shall instead be held on, or within 14 days after, the day on which the councillors elected at the ordinary elections of parish councillors or councillors of boroughs included in rural districts or rural district councillors in that year come into office.

17 In the year 1974—

(a) it shall not be necessary for the parish meeting of an existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act to assemble as required by paragraph 1(1) of Part VI of Schedule 3 to the 1933 Act; and

(b) the parish meeting of a parish to which part of any parish is added by paragraph 2 of the said Part IV shall be held for the enlarged parish.

Supplementary E+W

18 E+W In this Schedule “relevant year of election” means—

(a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 9 to this Act;

(b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule.

Section 20.

SCHEDULE 4 E+W Local Government Areas in Wales

Part I E+W Counties

(1)	(2)
Name of county	Area by reference to existing administrative areas
Clwyd	The administrative county of Flintshire. The administrative county of Denbigh except the parts to be comprised in the county of Gwynedd. In the administrative county of Merioneth, the rural district of Edeyrnion.
Dyfed	The administrative counties of Cardiganshire, Carmarthenshire and Pembroke.
Gwent	The county borough of Newport. The administrative county of Monmouthshire except the parts to be comprised in the counties of Mid Glamorgan and South Glamorgan. In the administrative county of Brecon:— the urban district of Brynmawr; in the rural district of Crickhowell, the parish of Llanelly.
Gwynedd	The administrative counties of Anglesey and Caernarvon. The administrative county of Merioneth except the rural district of Edeyrnion. In the administrative county of Denbigh:— the urban district of Llanrwst; in the rural district of Aled, the parish of Llansantffraid Glan Conway; in the rural district of Hiraethog, the parishes of Eglwysbach, Llanddoget, Llanrwst Rural and Tir Ifan.
Mid Glamorgan	The county borough of Methyr Tydfil. In the administrative county of Glamorgan:— the borough of Rhondda; the urban districts of Aberdare, Bridgend, Caerphilly, Gelligaer, Maesteg, Mountain Ash, Ogmore and Garw, Pontypridd and Porthcawl; the rural districts of Llantrisant and Llantwit Fardre and Penybont; in the rural district of Cardiff, the parishes of Llanfedw, Llanilterne, Pentyrch, Rhydygwern, Rudry and Van; in the rural district of Cowbridge, the parishes of Llanharan, Llanharry, Llanilid and Peterston-super-Montem; in the rural district of Neath, the parish of Rhigos. In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parishes of Penderyn and Vaynor. In the administrative county of Monmouthshire:— the urban districts of Bedwas and Machen and Rhymney; in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards.
Powys	The administrative counties of Montgomeryshire and Radnorshire. The administrative county of Brecon except the parts to be comprised in the counties of Gwent and Mid Glamorgan.
South Glamorgan	The county borough of Cardiff. In the administrative county of Glamorgan:— the boroughs of Barry and Cowbridge; the urban district of Penarth; the rural district of Cardiff except the parishes of Llanfedw, Llanilterne, Pentyrch, Rhydygwern, Rudry and Van; the rural district of Cowbridge except the parishes of Llanharan, Llanharry, Llanilid and Peterston-super-Montem. In the administrative county of Monmouthshire, in the rural district of Magor and St. Mellons, the parish of St. Mellons.
West Glamorgan.	The county borough of Swansea. In the administrative county of Glamorgan:— the boroughs of Neath and Port Talbot; the urban districts of Glyncorrwg and Llwchwr; the rural districts of Gower and Pontardawe; the rural district of Neath except the parish of Rhigos.

Part II E+W District

(1)	(2)	(3)
Name of county	Reference number of district	Area of district by reference to existing administrative areas
Clwyd	C.1	In the administrative county of Denbigh:— the borough of Colwyn Bay; the urban district of Abergele; the rural districts of Aled and Hiraethog except the parts to be comprised in district GD.4.
	C.2	In the administrative county of Flintshire:— the urban districts of Prestatyn and Rhyl; the rural district of St. Asaph.
	C.3	In the administrative county of Flintshire:— the borough of Flint; the urban districts of Holywell and Mold; the rural district of Holywell.
	C.4	In the administrative county of Flintshire:— the urban districts of Buckley and Connah’s Quay; the rural district of Hawarden except the part to be comprised in district C.6.
	C.5	In the administrative county of Denbigh:— the boroughs of Denbigh and Ruthin; the urban district of Llangollen; the rural districts of Ceiriog and Ruthin; in the rural district of Wrexham, the parishes of Llangollen Rural and Llantysilio. In the administrative county of Merioneth, the rural district of Edeyrnion.
	C.6	In the administrative county of Denbigh:— the borough of Wrexham; the rural district of Wrexham except the parts to be comprised in district C.5. In the administrative county of Flintshire:— the rural district of Maelor; in the rural district of Hawarden, the parish of Marford and Hoseley.
Dyfed	D.1	In the administrative county of Cardiganshire:— the boroughs of Aberystwyth, Cardigan and Lampeter; the urban districts of Aberaeron and New Quay; the rural districts of Aberaeron, Aberystwyth, Teifiside and Tregaron. Area of district by reference to existing administrative areas
	D.2	In the administrative county of Pembroke:— the borough of Haverfordwest; the urban districts of Fishguard and Goodwick, Milford Haven and Neyland; the rural districts of Cemaes and Haverfordwest.
	D.3	In the administrative county of Pembroke:— the boroughs of Pembroke and Tenby; the urban district of Narberth; the rural districts of Narberth and Pembroke.
	D.4	In the administrative county of Carmarthenshire:— the borough of Carmarthen; the urban district of Newcastle Emlyn; the rural districts of Carmarthen and Newcastle Emlyn.
	D.5	In the administrative county of Carmarthenshire:— the boroughs of Kidwelly and Llanelli; the urban district of Barry Port; the rural district of Llanelli.
	D.6	In the administrative county of Carmarthenshire:— the borough of Llandovery; the urban districts of Ammanford, Cwmamman and Llandeilo; the rural district of Llandeilo.
Gwent	GT.1	The county borough of Newport. In the administrative county of Monmouthshire:— the urban district of Caerleon; the rural district of Magor and St. Mellons except the parts to be comprised in districts GT.4 and SG.1.
	GT.2	In the administrative county of Monmouthshire:— the urban districts of Abercarn, Mynyddislwyn and Risca; the urban district of Bedwellty except the parts to be comprised in district MG.5.
	GT.3	In the administrative county of Monmouthshire, the urban districts of Abertillery, Ebbw Vale, Nantyglo and Blaina and Tredegar.
Area of district by reference to existing administrative areas In the administrative county of Brecon:— the urban district of Brynmawr; in the rural district of Crickhowell, the parish of Llanelly.
	GT.4	In the administrative county of Monmouthshire:— the urban districts of Blaenavon, Cwmbran and Pontypool; in the rural district of Magor and St. Mellons, the parish of Henllys; in the rural district of Pontypool, the parish of Llanfrechfa Lower.
	GT.5	In the administrative county of Monmouthshire:— the boroughs of Abergavenny and Monmouth; the urban districts of Chepstow and Usk; the rural districts of Abergavenny, Chepstow and Monmouth; the rural district of Pontypool except the part to be comprised in district GT.4.
Gwynedd	GD.1	In the administrative county of Anglesey:— the borough of Beaumaris; the urban districts of Amlwch, Holyhead, Llangefni and Menai Bridge; the rural districts of Aethwy, Twrcelyn and Valley.
	GD.2	In the administrative county of Caernarvon:— the borough of Pwllheli; the urban districts of Criccieth and Porthmadog; the rural district of Lleyn; in the rural district of Gwyrfai, the parishes of Beddgelert and Clynnog.
	GD.3	In the administrative county of Caernarvon:— the boroughs of Bangor and Caernarvon; the urban district of Bethesda; the rural district of Ogwen; the rural district ofGwyrfai except the parts to be comprised in GD.2.
	GD.4	In the administrative county of Caernarvon:— the borough of Conwy; the urban districts of Betws-y-Coed, Llandudno, Llanfairfechan and Penmaenmawr; the rural district of Nant Conway. Area of district by reference to existing administrative areas In the administrative country of Denbigh:— the urban district of Llanrwst; in the rural district of Aled, the parish of Llansantffraid Glan Conway; in the rural district of Hiraethog, the parishes of Eglwysbach, Llanddoget, Llanrwst Rural and Tir Ifan.
	GD.5	In the administrative county of Merioneth:— the urban districts of Bala, Barmouth, Dolgellau, Ffestiniog and Tywyn; the rural districts of Deudraeth, Dolgellau and Penllyn.
Mid Glamorgan	MG.1	In the administrative county of Glamorgan:— the urban districts of Bridgend, Maesteg, Ogmore and Garw and Porthcawl; the rural district of Penybont.
	MG.2	In the administrative county of Glamorgan, the borough of Rhondda.
	MG.3	In the administrative county of Glamorgan:— the urban districts of Aberdare and Mountain Ash; in the rural district of Neath, the parish of Rhigos. In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Penderyn.
	MG.4	The county borough of Merthyr Tydfil. In the administrative county of Glamorgan, in the urban district of Gelligaer, the Bedlinog ward. In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Vaynor.
	MG.5	In the administrative county of Glamorgan:— the urban district of Caerphilly except the Taff’s Well ward; the urban district of Gelligaer except the Bedlinog ward; in the rural district of Cardiff, the parishes of Llanfedw, Rhydygwern, Rudry and Van. In the administrative county of Monmouthshire:— the urban districts of Bedwas and Machen and Rhymney; in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards. Area of district by reference to existing administrative areas
	MG.6	In the administrative county of Glamorgan:— the urban district of Pontypridd; the rural district of Llantrisant and Llantwit Fardre; in the urban district of Caerphilly, the Taff’s Well ward; in the rural district of Cardiff, the parishes of Llanilterne and Pentyrch; in the rural district of Cowbridge, the parishes of Llanharan, Llanharry, Llanilid and Peterston-super-Montem.
Powys	P.1	In the administrative county of Montgomeryshire:— the boroughs of Llanfyllin, Llanidloes, Montgomery and Welshpool; the urban districts of Machynlleth and Newtown and Llanllwchaiarn; the rural districts of Forden, Llanfyllin, Machynlleth and Newtown and Llanidloes.
	P.2	In the administrative county of Radnorshire:— the urban districts of Knighton, Llandrindod Wells and Presteigne; the rural districts of Colwyn, Knighton, New Radnor, Painscastle and Rhayader.
	P.3	In the administrative county of Brecon:— the borough of Brecon; the urban districts of Builth Wells, Hay and Llanwrtyd Wells; the rural districts of Brecknock, Builth, Hay and Ystradgynlais; the rural district of Crickhowell except the part to be comprised in district GT.3; in the rural district of Vaynor and Penderyn, the parish of Ystradfellte.
South Glamorgan	SG.1	The county borough of Cardiff. In the administrative county of Glamorgan, in the rural district of Cardiff, the parishes of Lisvane, Llanedeyrn, Radyr, St. Fagans and Tongwynlais. In the administrative county of Monmouthshire, in the rural district of Magor and St. Mellons, the parish of St. Mellons.
Area of district by reference to existing administrative areas
	SG.2	In the administrative county of Glamorgan:— the boroughs of Barry and Cowbridge; the urban district of Penarth; the rural district of Cardiff except the parts to be comprised in districts MG.5, MG.6 and SG.1; the rural district of Cowbridge except the parts to be comprised in district MG.6.
West Glamorgan	WG.1	The county borough of Swansea. In the administrative county of Glamorgan, the rural district of Gower.
	WG.2	In the administrative county of Glamorgan:— the urban district of Llwchwr; the rural district of Pontardawe.
	WG.3	In the administrative county of Glamorgan:— the borough of Neath; the rural district of Neath except the part to be comprised in district MG.3.
	WG.4	In the administrative county of Glamorgan:— the borough of Port Talbot; the urban district of Glyncorrwg.

Part III E+W Communities Differing from Existing Local Government Areas

(1)	(2)	(3)
Reference number of district	Name of community	Area of community by reference to existing administrative areas
GT.2	Bedwellty	In the administrative county of Monmouthshire, the urban district of Bedwellty except the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards.
MG.4	Bedlinog	In the administrative county of Glamorgan, in the urban district of Gelligaer, the Bedlinog ward.
MG.5	New Tredegar	In the administrative county of Monmouthshire, in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards.
MG.5	Caerphilly	In the administrative county of Glamorgan, the urban district of Caerphilly except the Taff’s Well ward.
MG.5	Gelligaer	In the administrative county of Glamorgan, the urban district of Gelligaer except the Bedlinog ward.
MG.6	Taff’s Well	In the administrative county of Glamorgan, in the urban district of Caerphilly, The Taff’s Well ward.

Part IV E+W Rules as to Boundaries

1 The boundaries of the new local government areas shall be mered by Ordnance Survey.

2 Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the M3 Local Government Act 1958 by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.

Marginal Citations

M3 1958 c. 55.

Section 37.

SCHEDULE 5 E+W Establishment of New Authorities in Wales

County and district councillors E+W

1 Elections of councillors of the new principal councils shall be held on dates in 1973 fixed by the Secretary of State by order and the persons elected at those elections shall come into office on the fourth day after the day of election.

2 (1) For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.

(2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 25(2)(a) above shall not apply to any such election.

(3) An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.

Community councillors E+W

3 Elections of councillors of the new community councils shall be held on a day, not later than 10th March 1974, appointed by the Secretary of State, and—

(a) the persons elected to a community council required to be established by a direction under section 27(3) or (4) above shall come into office on the fourth day after that day; and

(b) the persons elected to a community council established by virtue of section 27(2)(a) or (b) above shall come into office on 1st April 1974.

4 (1) The following provisions of this paragraph shall have effect with respect to elections of community councillors before the relevant year of election.

(2) The number of councillors for a community, the area of which is co-extensive with the area of an existing borough or urban district or an existing rural parish having a separate parish council, shall be the same as the number of councillors for that borough, district or parish, as the case may be.

(3) The number of councillors for a group of communities the areas of which are co-extensive with the areas of existing rural parishes grouped under a common council shall be the same as the number of councillors of that council, and the number of councillors representing a community on the common community council shall be the same as the number representing the area of that community on the existing common parish council.

(4) Where any existing borough, district or parish falling within sub-paragraph (2) or (3) above is divided into wards for the purpose of elections to the council of the borough, district or parish, the community shall be divided into those wards for the purpose of elections of community councillors and the number of councillors to be elected for each community ward shall be the same as the number to be elected for each ward of the existing borough, district or parish, as the case may be.

(5) In the case of a community named in Part III of Schedule 4 to this Act, the Secretary of State may, after causing such notices to be given concerning the matter as he thinks expedient, by order specify the number of community councillors to be elected for the community, divide the community into wards and specify the number of councillors to be returned for each ward.

First elections and meetings of new councils E+W

5 (1) At the first elections of councillors for a new area, the returning officer shall be an officer of the council appointed by such existing county, borough or urban or rural district council as the Secretary of State may by order designate and not a person appointed under section 41 above.

(2) Section 42(5) and (6) above shall not apply to any such election, but sub-paragraphs (3) and (4) below shall apply instead.

(3) All expenditure properly incurred by a returning officer or other officer in relation to the holding of the first elections of councillors for a new principal area shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(4) All expenditure properly incurred by a returning officer or other officer in relation to the holding of the first elections of councillors for a community shall be paid in the first instance by the council of the new district in which the community is situated, but any expenditure so incurred shall be chargeable only on that community.

(5) Section 42(7) above shall not apply to the first election of councillors for a community, but before a poll is taken at such an election the council of the new district in which the community is situated shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(6) In relation to the first election of councillors for a new area “the appropriate officer” in Parts II and III of the Representation of the M4 People Act 1949 means the returning officer appointed under this paragraph instead of having the meaning assigned to that expression by section 55(6)(b) of that Act.

Marginal Citations

M4 1949 c. 68.

6 (1) For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any new principal area under section 83 above before the first meeting of that council, the clerk of an existing authority designated by the committee established for the area under section 264 above shall be deemed to be and shall act as the proper officer of the council.

(2) Any such declaration delivered by virtue of this paragraph to the said clerk shall be transferred by him to the custody of the proper officer of the new council on the appointment of the latter.

7 (1) The first meeting of each new principal council shall be held within 21 days immediately following the day of election and shall be treated as the annual meeting of the council for 1973.

(2) The meeting shall be convened by the clerk of an authority designated by the committee established for the area of the new council under section 264 above and shall be held at such place as he may appoint instead of such place as the council may direct as required by paragraph 4(1) of Schedule 12 to this Act.

(3) The notice of the meeting required by paragraph 4(2) of that Schedule shall be published at the place where the meeting is to be held instead of at the council’s offices and the summons to attend the meeting required by that paragraph shall be signed by the said clerk instead of by the proper officer of the council.

8 (1) Until the completion of the election of a chairman at the first meeting of a new principal council, persons designated by the committee established for the area of the new council under section 264 above shall exercise any functions falling to be exercised by the chairman and vice-chairman of the council, but any person so designated shall not vote in the first instance at the election of the chairman unless he is a councillor for the new area.

(2) At the first meeting of a new principal council the clerk or deputy clerk of an existing authority so designated shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority so designated shall apply at the first meeting of a new principal council.

9 The Secretary of State may himself exercise a committee’s power of designation for the purposes of any provision of paragraph 6, 7 or 8 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate.

10 (1) The first meeting of a community council established by a direction under section 27(3) or (4) above shall be held within the 21 days immediately following the day of election in 1974 and shall be convened—

(a) where the community is coterminous with an existing borough, by the town clerk of that borough;

(b) where the community is coterminous with or wholly contained in an existing urban district, by the clerk of the council of that district.

(2) The first meeting of a community council established by virtue of section 27(2)(a) or (b) above shall be held before 23rd April 1974 and shall be convened by the clerk of the council of the parish or group of parishes, the area of which is co-extensive with the area of that community or group of communities, as the case may be.

(3) The first meeting of a community council shall be treated as the annual meeting of the council for 1974.

(4) The summons to attend the first meeting required by paragraph 26(2) of Schedule 12 to this Act shall be signed by the clerk by whom the meeting is convened instead of by the proper officer of the council.

(5) In relation to the first elections of the councillors of any community council and in relation to the first meeting of any community council required to be held by this paragraph, the powers conferred on the district council by sections 44(4) and 91 above shall, until 1st April 1974, be exercisable by the council of the existing county in which the area of the community is situated.

Qualification for membership of local authority E+W

11 For the purposes of section 79 above, in its application to a candidate for membership of a new local authority, the new local government areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.

Suspension of elections E+W

12 (1) No election of councillors of an existing county, borough, urban or rural district or rural parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.

(2) As respects an existing county or borough—

(a) no ordinary election of aldermen shall be held after the passing of this Act;

(b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and

(c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.

(3) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of—

(a) chairman or vice-chairman of the council of an existing county or urban or rural district or of an existing parish council;

(b) mayor of an existing borough; or

(c) chairman of the parish meeting of an existing rural parish.

Annual meetings E+W

13 In the year 1973 the annual meeting of a borough council shall be held on such day in the month of March, April or May as the council may fix.

14 In the year 1974 it shall not be necessary for the parish meeting of a rural parish to assemble as required by paragraph 1(1) of Part VI of Schedule 3 to the 1933 Act.

Supplemental E+W

15 In this Schedule “relevant year of election” means—

(a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 10 to this Act;

(b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule;

(c) in relation to community councillors, the first ordinary year of election of such councillors occurring after the making of the order or the last of the orders with respect to the district comprising the community in consequence of the special community review under that Schedule.

F24 SCHEDULE 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F24 Sch. 6 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II

Section 46.

SCHEDULE 7 E+W Constitution and Proceedings of the Local Government Boundary Commission for England

1 (1) The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than five other members.

(2) The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with the terms of their respective appointments.

(3) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.

2 There shall be paid to each member of the Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.

3 (1) The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.

(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.

4 At any meeting of the Commission three shall be the quorum.

5 All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.

6 Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.

Officers and servants, remuneration and expenses E+W

7 (1) The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as he may, with the approval of the Minister for the Civil Service, determine.

(2) Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.

(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.

8 The expenses of the Commission including—

(a) the salaries, fees and allowances of its members,

(b) the remuneration and any expenses paid to an assistant commissioner, and

(c) the remuneration and any expenses paid to the secretary and other officers and servants of the Commission,

together with the fees and allowances paid to persons appointed under paragraph 3 above shall be defrayed out of moneys provided by Parliament.

Proof of documents E+W

9 (1) Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission.

(2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.

Section 53.

SCHEDULE 8 E+W Constitution and Proceedings of the Local Government Boundary Commission for Wales

1 (1) The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than three other members. E+W

(2) At least one of the members of the Commission shall be a person able to speak the Welsh language.

(3) The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with the terms of their respective appointments.

(4) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.

2 E+W There shall be paid to each member of the Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.

3 (1) The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission. E+W

(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.

4 E+W At any meeting of the Commission two shall be the quorum.

5 E+W All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.

6 E+W Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.

Officers and servants, remuneration and expenses E+W

7 (1) The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as he may, with the approval of the Minister for the Civil Service, determine. E+W

(2) Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.

(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.

8 The expenses of the Commission including—

(a) the salaries, fees and allowances of its members,

(b) the remuneration and any expenses paid to an assistant commissioner,

(c) the remuneration and any expenses paid to the secretary and other officers and servants of the Commission, and

(d) the expenses incurred in taking a poll in pursuance of arrangements under paragraph 4 of Schedule 10 to this Act,

together with the fees and allowances paid to persons appointed under paragraph 3 above, shall be defrayed out of moneys provided by Parliament.

Proof of documents E+W

9 (1) Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission. E+W

(2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.

Section 63.

SCHEDULE 9 E+W Initial Review of Electoral Arrangements in England

1 As soon as practicable after the first election of councillors for any new district in England the English Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.

2 The provisions of Part IV of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required—

(a) the English Commission to submit a report for any district before such date as the Secretary of State may direct, and

(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 1 above (whether as submitted to him or with modifications).

3 As soon as practicable after the last order has been made under section 51 above by virtue of paragraph 2 above in relation to the districts in a county the English Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.

4 The provisions of Part IV of this Act shall apply to a review under paragraph 3 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required—

(a) the English Commission to submit a report for any county before such date as the Secretary of State may direct, and

(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 3 above (whether as submitted to him or with modifications).

Section 64.

SCHEDULE 10 E+W Initial Reviews in Wales

Special community reviews E+W

1 As soon as practicable after 1st April 1974 the Welsh Commission shall conduct a review (to be known as the special community review) of the whole of Wales for the purpose of making proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means—

(a) the alteration of a community;

(b) the constitution of a new community by the amalgamation of communities or by the aggregation of parts of communities or by the separation of part of a community;

(c) the abolition of a community and the distribution of its area among other communities;

(d) the inclusion in a district of an area forming part of a county but not of a district and the constitution of a new community by—

(i) the establishment of the whole or part of that area as a community; or

(ii) the aggregation of the whole of that area or any part of it with one or more communities or parts of communities;

(e) the alteration of the area of a county or a district in consequence of any such change;

and any proposals made by the Commission may include a proposal that the area of a community should be co-extensive with the area of a district.

2 In conducting the special community review the Welsh Commission shall also consider whether any community established by section 20 above or proposed to be constituted in consequence of the review (other than a community which it is proposed should be or remain co-extensive with the area of a district) should—

(a) have a separate community council;

(b) be grouped under a common community council; or

(c) should not have a community council, whether separate or common;

and shall, if they think fit, make proposals accordingly.

3 In considering whether to formulate proposals under paragraph 1 or 2 above the Welsh Commission shall have regard to the wishes of the inhabitants of the areas in question.

4 If in conducting the special community review the Welsh Commission consider it desirable that a poll of local government electors of a community or part of a community should be taken on any question, they may arrange for such a poll to be taken and paragraphs 34(5), 37 and 38 of Schedule 12 to this Act shall apply to the poll as they apply to a poll consequent on a community meeting.

5 In conducting the special community review the Welsh Commission shall also review the electoral arrangements for every community, having regard to any proposals which they propose to make in relation to the community under paragraph 1 or 2 above and also to the desirability of making any change in those arrangements apart from those proposals and shall make such proposals, if any, as they think fit with respect to those arrangements.

6 Without prejudice to any direction given by the Secretary of State under section 59 above, where in the course of the special community review the Welsh Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review of any part of Wales, they shall submit a report to him on the review of that part of Wales, together with the proposals they have formulated thereon or, as the case may be, a notification that they have no proposals to put forward thereon.

7 On receipt of a report under paragraph 6 above the Secretary of State shall either make an order giving effect to any proposals of the Welsh Commission submitted with the report (whether as submitted or with modifications) or make an order providing for the continuation of the existing arrangements applicable to the community or communities in question.

8 If in relation to any area the Secretary of State decides to make an order under paragraph 7 above giving effect with modifications to any of the Welsh Commission’s proposals with respect to the boundaries of communities or the establishment of community councils, he may, if he thinks fit, direct the Commission to conduct a review or further review, as the case may be, of the electoral arrangements for the whole or part of that area and to make revised proposals with respect to those arrangements within a time specified in the direction.

9 The following provisions of this Act, that is to say, sections 59, 60(1), (2), (5), (6) and (7), 61, 65, 67, 68, 69 and 78 shall apply in relation to the special community review and any order made in consequence thereof as they apply in relation to a review under Part IV of this Act and any order made in consequence thereof.

Review of electoral arrangements for districts, etc. E+W

10 As soon as practicable after the completion of the special community review so far as it relates to any district, the Welsh Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.

11 For the purposes of paragraph 10 and section 55(2) above the special community review shall be taken to have been completed so far as it relates to any district when the Secretary of State announces his final decision on the last of the orders which he proposes to make under paragraph 7 above with respect to the communities in that district.

12 The provisions of Part IV of this Act shall apply to a review under paragraph 10 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required—

(a) the Welsh Commission to submit a report for any district before such date as the Secretary of State may direct, and

(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 10 above (whether as submitted to him or with modifications).

Review of electoral arrangements for counties E+W

13 As soon as practicable after the last order has been made under section 58 above by virtue of paragraph 12 above in relation to the districts in a county the Welsh Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.

14 The provisions of Part IV of this Act shall apply to a review under paragraph 13 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required—

(a) the Welsh Commission to submit a report for any county before such date as the Secretary of State may direct, and

(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 13 above (whether as submitted to him or with modifications).

Supplemental E+W

15 Nothing in this Schedule shall be construed as empowering the making of any alteration to the boundaries between any county in England and any county in Wales.

Section 78.

SCHEDULE 11 E+W Rules to be Observed in Considering Electoral Arrangements

Modifications etc. (not altering text)

C3 Sch. 11 applied (6.3.1992) by Local Government Act 1992 (c. 19), s. 27(2)

Counties E+W

1 (1) This paragraph applies to the consideration by the Secretary of State or either of the Commissions of the electoral arrangements for elections of county councillors.

(2) Having regard to any change in the number or distribution of the local government electors of the county likely to take place within the period of five years immediately following the consideration—

(a) the number of local government electors shall be, as nearly as may be, the same in every electoral division of the county;

(b) every electoral division shall lie wholly within a single district;

(c) every ward of a parish or community having a parish or community council (whether separate or common) shall lie wholly within a single electoral division; and

(d) every parish or community which is not divided into parish or community wards shall lie wholly within a single electoral division.

(3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable;

(b) any local ties which would be broken by the fixing of any particular boundary; and

(c) the boundaries of the wards of the districts in the county.

F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

2

Textual Amendments

F25 Sch. 11 para. 2 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Yn ddilys o 05/07/1994

[F26 Welsh counties and county boroughs] E+W

Textual Amendments

F26 Sch. 11 para. 1A and preceeding cross-heading inserted (5.7.1994) by 1994 c. 19, ss. 7(3), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

[F27 1A (1) This paragraph applies to the consideration by the Secretary of State or the Welsh Commission of the electoral arrangements for elections of councillors for principal areas in Wales. E+W

(2) Subject to any direction under sub-paragraph (3) below, the Welsh Commission shall, when considering the arrangements for elections of councillors for any principal area in Wales, provide for there to be a single member for each electoral division.

(3) The Secretary of State may give a direction to the Welsh Commission requiring it to consider the desirability of providing for multi-member electoral divisions for the area to which the direction relates (which may be the whole or a specified part of a principal area in Wales).

(4) For the purposes of this paragraph, an electoral division is a multi-member division if the arrangements made for the elections of councillors provide for a specified number of councillors (greater than one) to be elected for that division.

(5) Having regard to any change in the number or distribution of the local government electors of the principal area likely to take place within the period of five years immediately following the consideration—

(a) subject to paragraph (b), the number of local government electors shall be, as nearly as may be, the same in every electoral division in the principal area;

(b) where there are one or more multi-member divisions, the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every electoral division in the principal area (including any that are not multi-member divisions);

(c) every ward of a community having a community council (whether separate or common) shall lie wholly within a single electoral division; and

(d) every community which is not divided into community wards shall lie wholly within a single electoral division.

(6) Subject to sub-paragraph (5) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable; and

(b) any local ties which would be broken by the fixing of any particular boundary.]

Textual Amendments

F27 Sch. 11 para. 1A inserted (5.7.1994) by 1994 c. 19, ss. 7(3), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Modifications etc. (not altering text)

C4 Sch. 11 para. 1A: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise prosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

F28 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 11 para. 2 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Districts and London boroughs E+W

3 (1) This paragraph applies to the consideration by the Secretary of State or either of the Commissions of the electoral arrangements for elections of councillors of a district or London borough.

(2) Having regard to any change in the number or distribution of the local government electors of the district or borough likely to take place within the period of five years immediately following the consideration—

(a) the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every ward of the district or borough;

(b) in a district every ward of a parish or community having a parish or community council (whether separate or common) shall lie wholly within a single ward of the district;

(c) in a district every parish or community which is not divided into parish or community wards shall lie wholly within a single ward of the district.

(3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable; and

(b) any local ties which would be broken by the fixing of any particular boundary.

Parishes and communities E+W

4 (1) This paragraph applies to the consideration by the Secretary of State, by either of the Commissions or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).

(2) In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether—

(a) the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and

(b) it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.

(3) Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to—

(a) any change in the number or distribution of the local government electors of the parish or community which is likely to take place within the period of five years immediately following the consideration;

(b) the desirability of fixing boundaries which are and will remain easily identifiable; and

(c) any local ties which will be broken by the fixing of any particular boundaries.

(4) Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.

F29 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 11 para. 5 (inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 Pt. II para. 2(8)) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Section 99.

SCHEDULE 12 E+W Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C5 Sch. 12 modified (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 6

C6 Sch. 12 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 86(9)

C7 Sch. 12 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 2(4)

C8 Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)

Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

Part I E+W Principal Councils

Modifications etc. (not altering text)

C9 Sch. 12 Pt.I applied (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

Sch. 12 Pt.I: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch.1.

C10 Sch. 12 Pt.I applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt.I: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

1 (1) A principal council shall in every year hold an annual meeting.

(2) The annual meeting of a principal council . . . F30 shall be held—

(a) in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;

(b) in any other year, on such day in the month of March, April or May as the council may fix.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(4) An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.

Textual Amendments

F30 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F31 Sch. 12 para. 1(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C11 Sch. 12 para. 1 applied (with modifications) (1.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28, para. 10(1) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C12 Sch. 12 para. 1(2)(b) modified (10.4.2001 with effect for the year 2001) by 2001 c. 7, s. 1(6)

2 (1) A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine. E+W

(2) Those other meetings shall be held at such hour and on such days as the council may determine.

Modifications etc. (not altering text)

C13 Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

3 (1) An extraordinary meeting of a principal council may be called at any time by the chairman of the council. E+W

(2) If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed F32 . . . by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then F32 . . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.

Textual Amendments

F32 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C14 Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

4 (1) Meetings of a principal council shall be held at such place, either within or without their area, as they may direct. E+W

(2) Three clear days at least before a meeting of a principal council—

(a) notice of the time and place of the intended meeting shall be published at the council’s offices, and where the meeting is called by members of the council the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b) a summons to attend the meeting, specifying the business to be transacted thereat, and signed by the proper officer of the council, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the council.

(3) If a member of a principal council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(4) Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.

(5) Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Modifications etc. (not altering text)

C15 Sch. 12 paras. 2-5 applied (with modifications) (1.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C16 Sch. 12 para. 4(2) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 86(9)

C17 Sch. 12 para. 4(2) restricted by S.I. 1985/1884, art. 11(3)

[F33 4A (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order. E+W

(2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F33 Sch. 12 para. 4A inserted (1.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 98(1)(2), 108(4); S.I. 2000/2187, art. 3

5 (1) At a meeting of a principal council the chairman, if present, shall preside.

(2) If the chairman is absent from a meeting of a principal council, then—

(a) . . . F34 , the vice-chairman of the council, if present, shall preside;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(c) in the case of a London borough council, the deputy mayor, if at that time he remains a councillor . . . F36 and is chosen for that purpose by the members of the council then present, shall preside.

(3) If—

(a) in the case of a principal council . . . F37 , both the chairman and vice-chairman of the council are absent from a meeting of the council;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(c) in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;

another member of the council chosen by the members of the council present shall preside.

Textual Amendments

F34 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F35 Sch. 12 para. 5(2)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F36 Words repealed by S.I. 1977/1710, art. 3(c)

F37 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F38 Sch. 12 para. (3)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C18 Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

6 E+W Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.

Modifications etc. (not altering text)

C19 Sch. 12 para. 6 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

[F39 Part IA E+W Joint Authorities and Inner London Education Authority]

Textual Amendments

F39 Sch. 12 Pt. IA inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 35(2)

[F40 6A (1) Paragraph 1 above applies to a joint authority as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41 ]

Textual Amendments

F40 Sch. 12 para. 6A substituted by Local Government Act 1986 (c. 10, SIF 81:1), s. 10(3)

F41 Sch. 12 para. 6A(2) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C20 Sch. 12 para. 6A amended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)

C21 Sch. 12 para. 6A modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

6B The other provisions of Part I of this Schedule shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that the number of members mentioned in paragraph 3(2) shall be three members in the case of a joint authority . . . F42

Textual Amendments

F42 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C22 Sch. 12 para. 6B modified by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 3(c) and by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

Part II E+W Parish Councils

7 (1) A parish council shall in every year hold an annual meeting. E+W

(2) In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.

(3) The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

Modifications etc. (not altering text)

C23 Sch. 12 para. 7(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 3

8 (1) A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine. E+W

(2) Those other meetings shall be held at such hour and on such days as the council may determine.

9 (1) An extraordinary meeting of a parish council may be called at any time by the chairman of the council. E+W

(2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

10 (1) Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises licensed for the sale of intoxicating liquor unless no other suitable room is available either free of charge or at a reasonable cost.

(2) Three clear days at least before a meeting of a parish council—

(a) notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.

(3) Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting.

Modifications etc. (not altering text)

C24 Sch. 12 para. 10 applied (4.3.1996) by S.I. 1996/263, reg. 8(5)

11 (1) At a meeting of a parish council the chairman of the council, if present, shall preside. E+W

(2) If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3) If both the chairman and vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

12 E+W Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

13 (1) Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a parish council shall be by a show of hands. E+W

(2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

Modifications etc. (not altering text)

C25 Sch. 12 para. 13(1) applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

Part III E+W Parish Meetings

14 (1) The parish meeting of a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year.

(2) Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.

(3) In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.

(4) The proceedings at a parish meeting shall not commence earlier than 6 o’clock in the evening.

(5) A parish meeting shall not be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

Modifications etc. (not altering text)

C26 Sch. 12 para. 14(1) modified (13.3.2004) by The Local Elections (Ordinary Day of Election 2004) Order 2004 (S.I. 2004/222), art. 4(3)

15 (1) A parish meeting may be convened by— E+W

(a) the chairman of the parish council, or

(b) any two parish councillors for the parish, or

(c) where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or

(d) any six local government electors for the parish.

(2) Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.

(3) The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to—

(a) the establishment or dissolution of a parish council, or

(b) the grouping of the parish with another parish or parishes under a common parish council.

(4) Public notice of a parish meeting shall be given—

(a) by posting a notice of the meeting in some conspicuous place or places in the parish, and

(b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

16 E+W The chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.

17 (1) In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside. E+W

(2) In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.

(3) If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.

18 (1) Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question. E+W

(2) A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4) A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

(5) A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under [F43 section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act] shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.

(6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

Textual Amendments

F43 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 8 para. 14

19 (1) Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof. E+W

(2) Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

20 (1) Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish. E+W

(2) In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.

21 (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determined. E+W

(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

22 E+W If any person, in a poll consequent on a parish meeting—

(a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b) without due authority supplies a ballot paper to any person; or

(c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d) fraudulently takes out of the polling station any ballot paper; or

(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part IV E+W Community Councils

23 (1) A community council shall in every year hold an annual meeting. E+W

(2) In a year which is a year of ordinary elections of community councillors, the annual meeting of a community council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the community council may determine.

(3) The annual meeting of a community council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

Modifications etc. (not altering text)

C27 Sch. 12 para. 23(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 4

24 (1) A community council may in every year hold, in addition to the annual meeting, such other meetings as the council may determine to hold for the transaction of their business. E+W

(2) Any of those other meetings shall be held at such hour and on such day as the council may determine.

25 (1) An extraordinary meeting of a community council may be called at any time by the chairman of the council. E+W

(2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

26 (1) Meetings of the community council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises licensed for the sale of intoxicating liquor unless no other suitable room is available either free of charge or at a reasonable cost.

(2) Three clear days at least before a meeting of a community council—

(a) notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.

(3) Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.

27 (1) At a meeting of a community council the chairman of the council, if present, shall preside. E+W

(2) If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3) If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

28 E+W Subject to paragraph 45 below, no business shall be transacted at a meeting of a community council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

29 (1) Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a community council shall be by a show of hands. E+W

(2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

Part V E+W Community Meetings

30 (1) A community meeting may be convened at any time—

(a) in a case where there is a community council, by the chairman of the council or by any two councillors representing the community on the council, and

(b) in any case, by any six local government electors for the community.

(2) Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a community meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.

(3) The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a community meeting relates to—

(a) the establishment or dissolution of a community council, or

(b) the grouping of the community with another community or communities under a common community council.

(4) Public notice of a community meeting shall be given—

(a) by posting a notice of the meeting in some conspicuous place or places in the community, and

(b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

31 E+W The chairman of a community council shall be entitled to attend a community meeting for the community (or, where a grouping order is in force, for any of the communities comprised in the group) whether or not he is a local government elector for the community, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 34(3) below.

32 (1) The proceedings at a community meeting shall not commence earlier than 6 o’clock in the evening.

(2) A community meeting shall not be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

33 (1) In a community for which there is a community council, the chairman of the council, if present, shall preside at a community meeting. E+W

(2) In any other case, a community meeting shall appoint a person to be chairman at that meeting.

34 (1) Subject to the provisions of this Act, each local government elector may, at a community meeting or at a poll consequent thereon, give one vote and no more on any question. E+W

(2) A question to be decided by a community meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4) A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

(5) A poll consequent on a community meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to elections of community councillors under section 42 above and of the enactments mentioned in section 165(1) of the M5 Representation of the People Act 1949 shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of community councillors.

(6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

Marginal Citations

M5 1949 c. 68.

35 (1) Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the district in which the community is situated and shall be signed at the conclusion of the community meeting by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.

(2) Until the contrary is proved, a community meeting in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified.

36 E+W Subject to the provisions of this Act a community meeting may regulate their own proceedings and business.

37 (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a community meeting on such terms and conditions as the Treasury may determine. E+W

(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

38 E+W If any person, in a poll consequent on a community meeting—

(a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b) without due authority supplies a ballot paper to any person; or

(c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d) fraudulently takes out of the polling station any ballot paper; or

(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part VI E+W Provisions Relating to Local Authorities Generally

Modifications etc. (not altering text)

C28 Sch. 12 Pt. VI applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt. VI: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

C29 Sch. 12 Pt. VI applied (07.08.1991) by S.I.1991/1773, art. 6, 8, Sch. 1.

Sch. 12 Pt. VI: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

C30 Sch. 12 Pt. VI (paras. 39–45) applied with modifications by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 1(7), 23(2), 27(2), Sch. 1 para. 4(8)

Sch. 12 Pt. VI (paras. 39-45) extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(1)(a)

Sch. 12 Pt. VI (paras. 39-45) applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1); S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Sch. 12 Pt. VI (paras. 39-45) applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Sch. 12 Pt. VI (paras. 39-45) applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Sch. 12 Pt. VI applied (1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(4) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C31 Sch. 12 Pt. 6 applied (with modifications) (20.11.2006) by The Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 (S.I. 2006/2790), arts. 1(2), 2, Sch. para. 15

39 (1) Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority. E+W

(2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

Modifications etc. (not altering text)

C32 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C33 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C34 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C35 Sch. 12 para. 39(1) excluded (3.7.2000) by 1999 c. 29, s. 244(8)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

40 E+W The names of the members present at a meeting of a local authority shall be recorded.

Modifications etc. (not altering text)

C36 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C37 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C38 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

41 (1) Minutes of the proceedings of a meeting of a local authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next [F44 following][F44 suitable] meeting of the authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(2) Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of a local authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next [F44 following][F44 suitable] meeting of the authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(3) Until the contrary is proved, a meeting of a local authority a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

[F45 (4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.]

Textual Amendments

F44 Word “suitable” substituted (prosp.) for “following” by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 30

F45 Sch. 12 para. 41(4) inserted (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 30

42 E+W Subject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Modifications etc. (not altering text)

C39 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 42 applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(d)

Sch. 12 para. 42: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C40 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C41 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

43 E+W The proceedings of a local authority shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

Modifications etc. (not altering text)

C42 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C43 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C44 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

44 (1) Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority. E+W

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

Modifications etc. (not altering text)

C45 Sch. 12 para. 44 excluded by Education (No. 2) Act 1986 (c. 61, SIF 41:1), ss. 26(4), 66, Sch. 3 para. 15

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 44 excluded (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 16 para. 15(2)

Sch. 12 para. 44 excluded (1.11.1996) by 1996 c. 56, ss. 423, 583(2), Sch.33 Pt. II para. 15(2)

C46 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

45 E+W Where more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole number of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority.

[F46 46 In this Part of this Schedule “local authority” includes a joint authority . . . F47 and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.]

Textual Amendments

F46 Sch. 12 para. 46 inserted by Local Government Act 1985 (c. 51, SIF 81:1, 2), s. 84, Sch. 14 Pt. I para. 35(3)

F47 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C47 Sch. 12 para. 46 extended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)

C48 Sch. 12 para. 46 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

[F48 SCHEDULE 12A E+W Access to Information:Exempt Information]

Textual Amendments

F48 Sch. 12A inserted (E.W.) by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(2), Sch. 1 Pt. I

Modifications etc. (not altering text)

C49 Sch. 12A extended (with modifications) by Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24, SIF 113:2), ss. 2(4), 4(2)(3)(4)

C50 Sch. 12A modified by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(6) (as amended (1.4.2004) by 2003 (c. 43), s. 184, Sch. 11 para. 51; S.I. 2004/288, art. 5(2)(t); S.I. 2004/480, art. 4(2)(x); and as modified (1.4.2004) by S.I. 2004/865, art. 109(2)(b))

C51 Sch. 12A applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Sch. 12A applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

Sch. 12A applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch 2 para. 1(4)(5)

Sch. 12A applied (with modifications) (30.6.2003) by S.I. 2001/2812, reg. 7(4) (as inserted by S.I. 2003/1483, reg. 3(3))

Part I E+W Description of Exempt Information

1 Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the authority.

2 Information relating to a particular employee, former employee or applicant to become an employee of, or a particular officer, former officer or applicant to become an officer appointed by—

(a) a magistrates’ court committee, within the meaning of section 19 of the Justices of the Peace Act M6 1979; or

(b) a probation committee appointed under paragraph 2 of Schedule 3 to the Powers of Criminal Courts Act M7 1973.

Marginal Citations

M6 1979 c.55(82).

M7 1973 c.62(39:1)

Yn ddilys o 01/04/2001

[F49 2A Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.]

Textual Amendments

F49 Sch. 12A para. 2A inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 46(c); S.I. 2001/919, art. 2(f)(ii)

3 Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

4 Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

5 Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

6 Information relating to the adoption, care, fostering or education of any particular child.

7 Information relating to the financial or business affairs of any particular person (other than the authority).

8 The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10 The identity of the authority (as well as of any other person, by virtue of paragraph 7 above) as the person offering any particular tender for a contract for the supply of goods or services.

11 Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

12 Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

13 Information which, if disclosed to the public, would reveal that the authority proposes—

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

14 Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15 The identity of a protected informant.

Part II E+W Qualifications

1 Information relating to a person of a description specified in any of paragraphs 1 to 5 of Part I above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

2 Information falling within paragraph 7 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the M8 Companies Act1985;

(b) the M9 Friendly Societies Act1974;

(c) the Industrial and Provident Societies Acts 1965 to 1978;

(d) the M10 Building Societies Act [F50 1986]; or

(e) the M11 Charities Act1960.

Textual Amendments

F50 Word “1986” substituted for word “1962” by Building Societies Act 1986 (c. 53, SIF 16), ss. 120, 126(3), Sch. 18 para. 9

Marginal Citations

M8 1985 c.6(27).

M9 1974 c.46(55).

M10 1962 c.37(16).

M11 1960 c.58(19).

3 Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.

4 Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5 Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6 Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

Part III E+W Interpretation

Modifications etc. (not altering text)

C52 Sch. 12A Pt. 3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by The Relevant Authorities (Standards Committee) (Amendment) Regulations 2006 (S.I. 2006/87), reg. 2(b))

1 (1) In this Schedule—

• “child” means a person under the age of eighteen years and any person who has attained that age and—

(a) is registered as a pupil at a school; or

(b) is the subject of a care order, within the meaning of [F51 section 20 of the Children and Young Persons Act M12 1969][F51 section 31 of the Children Act 1989];

• “disposal”, in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—

(a) any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act M13 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

• “office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

• “protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, as defined in [F52 section 172(3) of the Town and Country Planning M14 Act 1990], or

(d) a nuisance,

has been, is being or is about to be committed;

• [F53 “registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any building society (within the meaning of that Act);]

• “tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the Local Government, Planning and Land Act M15 1980 (estimated cost of carrying out functional work by direct labour).

(2) Any reference in this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Textual Amendments

F51 Words “section 31 of the Children Act 1989” substituted (prosp.) for the words “section 20 of the Children and Young Persons Act 1969” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 31(2)

F52 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(4)

F53 Words inserted (E.W.) by Building Societies Act 1986 (c. 53, SIF:16), ss. 120, 126(3), Sch. 18 para. 9(b)

Marginal Citations

M12 1969 c.54(20).

M13 1974 c.52 (43:5).

M14 1990 c.8(123:1).

M15 1980 c.65 (81:1,2).

Yn ddilys o 27/11/2003

Section 137(4)(a)

[F54 SCHEDULE 12B E+W Appropriate sum under section 137(4)

Textual Amendments

F54 Sch. 12B inserted (27.11.2003 for W. and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 118(2), 128; S.I. 2003/3034, art. 2, Sch. 1 Pt. I; S.I. 2003/2938, art. 7(a) (subject to art. 8, Sch.)

1 E+W This Schedule has effect to determine for the purposes of section 137(4)(a) above the sum that is for the time being appropriate to a local authority.

2 E+W The sum appropriate to the local authority for the financial year in which section 118 of the Local Government Act 2003 comes into force is £5.00.

3 (1) For each subsequent financial year, the sum appropriate to the local authority is the greater of the sum appropriate to the authority for the financial year preceding the year concerned and the sum produced by the following formula—

(2) A is the sum appropriate to the local authority for the financial year preceding the year concerned.

(3) B is the retail prices index for September of the financial year preceding the year concerned.

(4) C is the retail prices index for September of the financial year which precedes that preceding the year concerned except where sub-paragraph (5) below applies.

(5) Where the base month for the retail prices index for September of the financial year mentioned in sub-paragraph (4) above (the first year) differs from that for the index for September of the financial year mentioned in sub-paragraph (3) above (the second year), C is the figure which the Secretary of State calculates would have been the retail prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year.

(6) References in sub-paragraphs (3) to (5) above to the retail prices index are to the general index of retail prices (for all items) published by the Office for National Statistics.

(7) If that index is not published for a month for which it is relevant for the purposes of any of those sub-paragraphs, the sub-paragraph shall be taken to refer to any substituted index or index figures published by that Office.

(8) For the purposes of sub-paragraph (5) above, the base month for the retail prices index for September of a particular year is the month—

(a) for which the retail prices index is taken to be 100, and

(b) by reference to which the index for the September in question is calculated.

(9) In calculating the sum produced by the formula in sub-paragraph (1) above a part of a whole (if any) shall be calculated to two decimal places only—

(a) adding one hundredth where (apart from this sub-paragraph) there would be five, or more than five, one-thousandths, and

(b) ignoring the one-thousandths where (apart from this sub-paragraph) there would be less than five one-thousandths.

4 E+W Before the beginning of a financial year, the appropriate person may by order provide for a different sum to have effect as the sum appropriate to a local authority for the year in place of the sum calculated for the year in accordance with paragraph 3 above.

5 E+W In paragraph 4 above “the appropriate person” means—

(a) as respects England, the Secretary of State;

(b) as respects Wales, the National Assembly for Wales.

6 E+W An order under paragraph 4 above may make different provision in relation to local authorities of different descriptions.

7 E+W An order under paragraph 4 above made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Section 172.

SCHEDULE 13 E+W Loans and Other Financial Provisions

Part I E+W

F55 1–22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Sch. 13 Pt. I (paras. 1–22) repealed (with savings in S.I. 1990/431, art. 4, Sch. 1 para. 1(a)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Part II E+W Amendments with Respect to Finance and Rating

F56 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Sch. 13 para. 23 repealed by S.I. 1990/776, art. 3, Sch. 1

The Rural Water Supplies and Sewerage Act 1944 E+W

24 In section 6 of the M16 Rural Water Supplies and Sewerage Act 1944 for the words “rural district council” there shall be substituted the words “district council”.

Modifications etc. (not altering text)

C53 The text of Sch. 13 paras. 24, 25, 28(2)–(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M16 1944 c 26.

Parish Councils Act 1957 E+W

25 F57 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Sch. 13, para. 25 repealed (21. 8. 1998) by S.I.1991/1730, arts. 1, 2(1), Sch. 1.

F58 26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Sch. 13 para. 26 repealed (with savings in S.I. 1990/431, Sch. 1 para. 1(a)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

F59 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Sch. 13 para. 27 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

The M17 General Rate Act 1967 E+W

Marginal Citations

M17 1967 c. 9.

28 (1) The M18 General Rate Act 1967 shall be amended in accordance with the following provisions of this paragraph. E+W

X1 (2) In section 2(2) for the words “rural district council” in both places where they occur, and in section 5(1)(e) for those words, there shall be substituted the words “ district council ”.

X1 (3) In section 38(4), for the word “counties” there shall be substituted the words “ non-metropolitan counties and metropolitan districts ”.

X1 (4) In section 67(2)(b) for sub-paragraphs (ii) and (iii) there shall be substituted the following paragraph:—

“(ii) in respect of any rating district.”

X1 (5) In section 112, the words “or urban district”, “or district” and “rural” shall cease to have effect.

X1 (6) In section 115, for the definition of “rating district” there shall be substituted the following definition:— ““rating district” means—

(a) as respects Greater London, a rating area or, subject to paragraph 8(1)(b) of Schedule 4 to this Act, any part of a rating area which is subject to separate or differential rating (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910 or the City of London (Tithes) Act 1947);

(b) except as respects Greater London—

(i) any part of a rating area which is subject to separate or differential rating ;

(ii) in a parish or community part of which is so subject, the part which is not so subject;

(iii) a parish no part of which is so subject ;

(iv) a community which is not co-extensive with the area of a district and no part of which is so subject ;

(v) any part of a rating area in England not falling within sub-paragraph (i), (ii) or (iii) above”;

Editorial Information

X1 The text of Sch. 13 paras. 24, 25, 28(2)–(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M18 1967 c. 9.

29 (1) Sections 88, 89 and 91 of the said Act of 1967 shall have effect subject to the following provisions of this paragraph. E+W

(2) It shall be the duty of every new county council to make and submit to the Secretary of State not later than a date prescribed for the purposes of this sub-paragraph a scheme for the constitution of a local valuation panel for the county or two or more local valuation panels for areas which together comprise the whole of the county.

(3) A county council may discharge the said duty by making and submitting to the Secretary of State a joint scheme with one or more other county councils for the constitution of a local valuation panel or local valuation panels for the whole of their respective counties, or for areas which together comprise the whole of their respective counties.

(4) A scheme under this paragraph shall be treated for all purposes as having been made under section 91(1)(a) of the said Act of 1967 and submitted to the Secretary of State under section 91(3) of that Act.

(5) Any such scheme approved by the Secretary of State under section 91(5) of that Act shall not come into operation until a date prescribed for the purposes of this sub-paragraph.

(6) Any scheme in force for the purposes of section 88 of that Act immediately before 1st April 1974 for an existing county or county borough shall, notwithstanding the abolition or alteration of the county or borough but subject to section 91(1) of that Act, continue in force until a date prescribed for the purposes of this sub-paragraph and shall then expire.

(7) Any vacancy occurring before the date prescribed for the purposes of this sub-paragraph in the membership of a local valuation panel constituted under a scheme continued in force by sub-paragraph (6) above shall—

(a) if the area for which the panel is constituted is co-extensive with or wholly comprised in the area of a new county, be filled by a person appointed by the council of that county;

(b) otherwise, be filled by a person appointed jointly by the councils for those counties which include any part of the area for which the panel is constituted.

Section 180.

SCHEDULE 14 E+W Amendment and Modification of Public Health Acts, Etc.

Part I E+W The M19 Public Health Act 1936

Marginal Citations

M19 1936 c. 49.

X2 1 E+W For section 1 there shall be substituted the following section—

“1 (1) Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act into execution, that is to say—

(a) in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish or community council of any powers conferred upon such councils;

(b) in a London borough, the borough council;

(c) in the City of London, the Common Council; and

(d) in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively.”

Editorial Information

X2 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 E+W Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3 Proviso (a) to section 7(1) shall cease to have effect.

Modifications etc. (not altering text)

C54 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 E+W Without prejudice to paragraph 2 above, the following provisions, that is to say, sections F60 . . . [F61 79, 80], F62 . . ., 263 and 264 shall apply throughout the district of every local authority.

Textual Amendments

F60 “41, 46,” repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F61 Words repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F62 Words repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F63 5–7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Sch. 14 paras. 5–7 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F64 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 Sch. 14 para. 8 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109(2), Sch. 4

X3 9 (1) For sections 87(1) and (2) there shall be substituted the following subsections:— E+W

“(1) A county council, the Greater London Council, a local authority or a parish or community council may, subject to subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.

(2) Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority.”

(2) In section 87(3) for the words “a county council or local” there shall be substituted the words “ any such council or ”.

Editorial Information

X3 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F65 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 14 para. 10 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F66 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 14 para. 11 repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F67 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 14 para. 12 repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F68 13, 14. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 14 paras. 13, 14 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 78, 79, Sch. 3

F69 15, 16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 14 paras. 15, 16 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F70 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Sch. 14 paras. 17, 48 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

18 E+W The powers conferred by Part VIII on local authorities within the meaning of the M20 Public Health Act 1936 shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.

Marginal Citations

M20 1936 c. 49.

19 All directions in force under section 267(1)(c) immediately before 1st April 1974 shall cease to have effect.

20 E+W Any reference in section 278 to a local authority shall include a reference to a county council F71 . . ..

Textual Amendments

F71 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

21 Section 321 shall cease to have effect.

Modifications etc. (not altering text)

C55 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X4 22 E+W In section 343 for the definition of contributory place there shall be substituted the following definition:— “ “contributory place” means a rating district within the meaning of the General Rate Act 1967. ”.

Editorial Information

X4 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part II E+W Other Enactments

Public Health Acts 1875 to 1925 E+W

23 E+W Subject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.

24 Paragraph 23 above shall not apply to the following enactments, that is to say—

(a) so much of section 160 of the M21 Public Health Act 1875 as incorporates the provisions of the M22 Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);

(b) section 171(4) of the said Act of 1875;

F72 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) sections 21, 82, 83 and 85 of the M23 Public Health Acts Amendment Act 1907; and

(e) sections 17 to 19 and 76 of the M24 Public Health Act 1925;

and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.

Textual Amendments

F72 Sch. 14 para. 24(c) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I

Marginal Citations

M21 1875 c. 55.

M22 1847 c. 34.

M23 1907 c. 53.

M24 1925 c. 71.

25 (1) Subject to sub-paragraphs (2) and (4) below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).

(2) A resolution under this paragraph disapplying—

(a) section 171(4) of the M25 Public Health Act 1875;

F73 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 82, 83 or 85 of the M26 Public Health Acts Amendment Act 1907; or

(d) section 76 of the M27 Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3) A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4) A resolution under this paragraph applying or disapplying section 171(4) of the M28 Public Health Act 1875 throughout an area shall not have effect unless approved by the Secretary of State.

(5) The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a) given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b) served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6) The date on which a resolution under this paragraph is to take effect shall—

(a) except in the case of a resolution applying or disapplying section 171(4) of the M29 Public Health Act 1875 throughout any area, be a date specified therein, being not earlier than one month after the date of the resolution; and

(b) in the said excepted case, be a date specified in the Secretary of State’s approval of the resolution.

(7) A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

Textual Amendments

F73 Sch. 14 paras. 25(2)(b), 26(b) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

Modifications etc. (not altering text)

C56 Sch. 14 para. 25 applied with modifications by S.I. 1975/1636, art. 7

Marginal Citations

M25 1875 c. 55.

M26 1907 c. 53.

M27 1925 c. 71.

M28 1875 c. 55

M29 1875 c. 55.

26 E+W The following enactments shall not extend to Greater London, that is to say—

(a) sections 160 and 171 of the M30 Public Health Act 1875;

F74 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) sections 21 and 80 of the M31 Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M32 Town Police Clauses Act 1847;

(d) sections 17 to 19, 75 and 76 of the M33 Public Health Act 1925.

Textual Amendments

F74 Sch. 14 paras. 25(2)(b), 26(b) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

Marginal Citations

M30 1875 c. 55.

M31 1907 c. 53.

M32 1847 c. 89.

M33 1925 c. 71.

27 (1) The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly. E+W

(2) This paragraph applies to the following enactments, that is to say—

(a) section 164 of the M34 Public Health Act 1875;

(b) section 44 of the M35 Public Health Acts Amendment Act 1890;

(c) Part VI of the M36 Public Health Acts Amendment Act 1907, as amended by Part VI of the M37 Public Health Act 1925.

Marginal Citations

M34 1875 c. 55.

M35 1890 c. 59.

M36 1907 c. 53.

M37 1925 c. 71.

28 A district council shall not without the consent of the highway authority—

(a) provide a clock under section 165 of the M38 Public Health Act 1875 in a case where it overhangs a highway; or

(b) exercise any power under section 40 or 42 of the M39 Public Health Acts Amendment Act 1890 or section 14 or 75 of the M40 Public Health Act 1925 in relation to a highway.

Marginal Citations

M38 1875 c. 55.

M39 1890 c. 59.

M40 1925 c. 71.

29 E+W A highway authority who are not a local authority within the meaning of the M41 Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.

Marginal Citations

M41 1875 c. 55.

30 E+W Any reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M42 London Government Act 1963, be construed as a reference to the Greater London Council alone.

Marginal Citations

M42 1963 c. 33.

31 E+W A local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M43 Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.

Marginal Citations

M43 1907 c. 53.

32 E+W So much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.

33 In section 16(1) of the Public Health Act 1925 the words from “in relation” to “county council or” shall cease to have effect.

Modifications etc. (not altering text)

C57 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M44 Parish Councils Act 1957 E+W

Marginal Citations

M44 1957 c. 42.

X5 34 E+W In section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word “council”, in the second place where it occurs, there shall be substituted the words “ The council of a parish or community or, in the case of a parish for which there is no parish council ”and for the words “in that part of the parish, as the case may be” there shall be substituted the words “ community, or in any part thereof ”.

Editorial Information

X5 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M45 Public Health Act 1961 E+W

Marginal Citations

M45 1961 c. 64.

35 Section 16 of the Public Health Act 1961 shall cease to have effect.

Modifications etc. (not altering text)

C58 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

36 In section 17(1) of that Act for the words “the medical officer of health or public health inspector” there shall be substituted the words “ the local authority ” and for the word “he” there shall be substituted the word “ they ”.

Modifications etc. (not altering text)

C59 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

37 E+W The powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.

F75 38, 39. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Sch. 14 paras. 38, 39 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

40 E+W The powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.

F76 41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 14 para. 41 repealed by Litter Act 1983 (c. 35, SIF 100:3), s. 12(3), Sch. 2

42 E+W The powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.

F77 43 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 14 para. 43 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

M46 The Local Government Act 1966 E+W

Marginal Citations

M46 1966 c. 42.

44 For section 10(1)(a) of the Local Government Act 1966 there shall be substituted the following paragraph:—

“(a) in the payment of salaries to registered medical practitioners and other persons with professional qualifications in the practice and administration of public health who are employed by such authorities.”

Modifications etc. (not altering text)

C60 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F78 45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 14 para. 45 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3, SIF 100:3), s. 12, Sch. 2

F79 46, 47. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Sch. 14 paras. 46, 47 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F80 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 14 paras. 17, 48 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

M47 The Deposit of Poisonous Waste Act 1972 E+W

Marginal Citations

M47 1972 c. 21.

X6 49 E+W In section 5(1) of the Deposit of Poisonous Waste Act 1972, for paragraph (a) there shall be substituted the following paragraphs:—

“(a) in England, county councils and the Greater London Council;

(aa) in Wales, district councils ; and”.

Editorial Information

X6 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 181.

SCHEDULE 15 E+W AMENDMENT AND MODIFICATION OF ENACTMENTS RELATING TO WATER AND SEWERAGE

M48 The Public Health Act 1936 E+W

Marginal Citations

M48 1936 c. 49.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F81 1

Textual Amendments

F81 Sch. 15 para. 1 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

2 In section 126(4) of that Act the words from “or any five to rural district” and the words “or contributory place” in the second place where those words occur respectively shall cease to have effect.

Modifications etc. (not altering text)

C61 The text of Sch. 15 paras. 2–4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M49 The Water Act 1945 E+W

Marginal Citations

M49 1945 c. 42.

3 In paragraph 27 of Schedule I to the Water Act 1945 for the words “in each borough, urban district and rural parish” there shall be substituted the words “ in each London borough, district and parish in England and each community in Wales ”.

Modifications etc. (not altering text)

C62 The text of Sch. 15 paras. 2–4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 In paragraph 1 of Schedule 3 to that Act, the definition of “county district” and, in the definition of “local authority” the words “or rural”, shall cease to have effect.

Modifications etc. (not altering text)

C63 The text of Sch. 15 paras. 2–4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 182.

SCHEDULE 16 E+W Functions Under, and Amendment and Modification of, Enactments Relating to Town and Country Planning

Part I E+W M50 Town and Country Planning Act 1971

Marginal Citations

M50 1971 c. 78.

Structure and local plans E+W

F82 1–3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Sch. 16 paras. 1 to 3 repealed by Housing and Planning Act 1986 (c. 63, SIF 81:1), ss. 24(3), 39(4), 49(2), 53(2), Sch. 12 Pt. III

F83 4–47 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Sch. 16 paras. 4–47, 49–54 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F84 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 16 para. 48 repealed by Town and Country Amenities Act 1974 (c. 32), Sch. and expressed to be repealed by Planning(Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 3 Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F85 49–53 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 16 paras. 4–47, 49–54 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

Part II E+W Other Enactments

F86 54 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Sch. 16 paras. 4–47, 49–54 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

The M51 Land Compensation Act 1961 E+W

Marginal Citations

M51 1961 c. 33.

55 (1) Elsewhere than in Greater London [F87 , a metropolitan county] or a National Park the functions of a local planning authority of determining applications and issuing certificates under section 17 of the M52 Land Compensation Act 1961 shall—

(a) in the case of an application specifying only a class of development which appears, or classes of development each of which appear, to the district planning authority to relate to a county matter, be exercised by the county planning authority;

(b) in any other case, be exercised by the district planning authority.

(2) [F88 As respects an area in a National Park outside a metropolitan county] the said functions shall be exercised by the county planning authority.

(3) Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.

(4) A county planning authority determining any such application shall consult with the district planning authority on the question whether planning permission for development of any class which appears to the former not to relate to a county matter [F89 would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.]

(5) A district planning authority determining any such application shall consult with the county planning authority on the question whether planning permission for development of any class which appears to the former to relate to a county matter [F89 would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.]

(6) A county planning authority by whom a certificate is issued under section 17 of the M53 Land Compensation Act 1961 shall notify the district planning authority of the terms of the certificate and the district planning authority by whom a certificate is so issued shall, if it specifies development relating to a county matter, notify the county planning authority of the terms of the certificate.

(7) In this paragraph “county matter” has the meaning ascribed to it by [F90 paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990].

Textual Amendments

F87 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 2, 3(5)

F88 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 4

F89 Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2; 103:1, 2), s. 193, Sch. 33 para. 13 in relation to applications made after 12.12.1975

F90 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(5)

Modifications etc. (not altering text)

C64 Sch. 16 para. 55(2) excluded (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 4(1) (ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Marginal Citations

M52 1961 c. 33.

M53 1961 c. 33.

F91 56 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 16 para. 56 repealed by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 13

F92 57 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 16 para. 57 repealed by Town and Country Amenities Act 1974 (c. 32), Sch.

Part III E+W

F93 58, 59. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93 Sch. 16 paras. 58, 59 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

Section 184.

SCHEDULE 17 E+W Functions with Respect to National Parks and the Countryside

Part I E+W Discharge of Planning and Countryside Functions in National Parks

Modifications etc. (not altering text)

C65 Sch. 17 Pt. I extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(10)

Planning Boards and National Park Committees E+W

1 If immediately before the 1st April 1974 there is an existing joint planning board constituted by an order under section 1 of the M54 Town and Country Planning Act 1971 for a National Park comprised in two or more existing counties and as from that date the Park will be comprised in two or more new counties, the Secretary of State shall make an order reconstituting the existing board for discharging the functions to which this Part of this Schedule applies and [F94 section 2 of the Town and Country Planning Act 1990] shall apply to a joint board so reconstituted and the order reconstituting it as it applies to a joint board constituted under that section and the order constituting it and shall so apply as if the area of the Park were a united district.

Textual Amendments

F94 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(a)

Marginal Citations

M54 1971 c. 78.

2 An order under the said section 1 constituting a new joint board for a united district consisting of the whole or part of a National Park and comprised in two or more new counties may confer on the board, in addition to the functions of a county planning authority under [F95 the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990], any other functions to which this Part of this Schedule applies.

Textual Amendments

F95 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(b)

3 If immediately before 1st April 1974 there is an existing joint planning board for a National Park comprised in two or more existing counties and on that date the Park will be wholly comprised in one new county, the Secretary of State shall by order reconstitute that board as a special planning board to discharge the functions to which this Part of this Schedule applies as respects the area of the Park, and any enactment relating to joint boards constituted by an order under [F96 section 2 of the Town and Country Planning Act 1990] shall apply to a special planning board reconstituted under this Part of this Schedule and to the order reconstituting it as it applies to a joint planning board constituted under that section and to the order constituting it and shall so apply as if the area of the Park were a united district, but with the substitution of references to the council of a new county for any references to the constituent authorities.

Textual Amendments

F96 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(c)

Yn ddilys o 03/04/1995

[F97 3A (1) Where a National Park is wholly comprised in one planning area in Wales, the Secretary of State may by order constitute a special planning board to discharge, as respects the area of the Park, the functions to which this Part of this Schedule applies.

(2) Any enactment relating to joint planning boards constituted by an order under section 2 of the M55 Town and Country Planning Act 1990 shall apply in relation to a special planning board constituted under this paragraph as it applies in relation to a joint planning board constituted under subsection (1B) of that section, but as if—

(a) the area of the National Park were a united district; and

(b) any reference (however expressed) to the constituent councils of the joint board (or which is to be construed as such a reference) were a reference to the council of the principal area in question.]

Textual Amendments

F97 Sch. 17 para. 3A inserted (3.4.1995) by 1994 c. 19, s. 19(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 13, 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

Marginal Citations

M55 1990 c. 8.

Yn ddilys o 03/04/1995

[F98 3B A board reconstituted under paragraph 3 above or constituted under paragraph 3A above shall be known as “a special planning board”.]

Textual Amendments

F98 Sch. 17 para. 3B inserted (3.4.1995) by 1994 c. 19, s. 19(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 13, 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

4 The Secretary of State may by an order under paragraph 1 or 3 above, or by an order under the said [F99 section 2] relating to a united district consisting of the whole or part of a National Park, or by an order under this paragraph, confer on a joint or special planning board for a National Park or any part of a National Park any of the additional countryside functions as respects the Park or, as the case may be, any part of it.

Textual Amendments

F99 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(d)

5 For every National Park for which there is no joint planning board or special planning board the council or councils of the [F100 planning areas] in which the Park is comprised shall make arrangements for the discharge of the following functions of theirs as respects the Park by a separate committee to be known as a National Park Committee, that is to say—

(a) their functions to which this Part of this Schedule applies except those mentioned in paragraph 6 below; and

(b) their functions as local authority under the 1949 Act and the 1968 Act.

Textual Amendments

F100 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(2)

6 The functions of a council or councils excepted from the requirement imposed by paragraph 5 above are—

(a) their functions under Part II of [F101 the Town and Country Planning Act 1990];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

(c) their functions under Part III and, so far as relating to planning control under Part III, [F103 Part VII] of that Act with respect to the carrying out of any operations in, on, over or under land, or any use of land, partly situated in the National Park and partly in some other area, where those functions so far as relating to any such operations or use are exercisable by the local planning authority for that other area.

Textual Amendments

F101 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(e)

F102 Sch. 17 para. 6(b) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. X

F103 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(e)

7 The validity of anything done or purporting to have been done by a National Park Committee in pursuance of arrangements made by virtue of paragraph 5 above shall not be called in question in any legal proceedings, or in any proceedings under [F104 the Town and Country Planning Act 1990] which are not legal proceedings, on the ground that it ought to have been done by the authority or one of the authorities by whom the arrangements were made.

Textual Amendments

F104 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(f)

8 The National Park Committee for a Park comprised in two or more [F105 planning areas] shall be appointed by the council of such of [F106 those areas] as may be agreed between the councils of those counties or, in default of agreement, jointly by both or all those councils, and, where it is appointed by one of those councils, the expenses incurred by the Committee shall be defrayed by both or all those councils in such proportions as they may agree or as in default of agreement may be determined by the Secretary of State.

Textual Amendments

F105 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(3)(a)

F106 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(3)(b)

9 A National Park Committee may arrange with a district planning authority whose area comprises any part of the Park for the authority to discharge as respects a part of the Park within their area such of the functions exercisable by the Committee by virtue of paragraph 5 above as may be agreed between the Committee and the Countryside Commission or as in default of agreement may be determined by the Secretary of State.

10 Where a joint planning board, special planning board or National Park Committee is required to be established by being reconstituted or appointed under this Part of this Schedule for any area being or comprised in a National Park, the requirement shall be deemed to be complied with in any case approved by the Secretary of State after consultation with the Countryside Commission if the board or Committee is established for that area together with other land.

11 Not less than one third [F107 (to the nearest whole number)] of the members of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park shall be persons appointed by the Secretary of State after consultation with the Countryside Commission:

Provided that if in any particular case the Secretary of State, with the agreement of the Commission, so determines, this paragraph shall have effect as if for the words “one third” there were substituted the words “one quarter”.

Textual Amendments

F107 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), ss. 46(1), 74(3)

12 The persons appointed in pursuance of paragraph 11 above shall hold office for such period not being less than one year nor more than three years as the Secretary of State may, after consultation with the Countryside Commission, determine and shall be eligible for reappointment.

[F108 12A (1) The members of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park shall include members (in this paragraph referred to as “district council members”) who are appointed by [F109 councils of non-metropolitan districts which] comprise any part of that Park (in this paragraph referred to as “relevant district councils”).

(2) The number of district council members of such a board or Committee shall be equal to—

(a) the number of relevant district councils; or

(b) one seventh (to the nearest whole number) of the members of the board or Committee,

whichever is the less; and for the purposes of this sub-paragraph any casual vacancy in the membership of the board or Committee shall be disregarded.

(3) The district council members shall be appointed by such of the relevant district councils as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State.

(4) The district council members shall hold office for a period of one year and shall be eligible for reappointment; and section 102(5) above shall apply in relation to a district council member appointed under this paragraph as it applies in relation to a member of a committee appointed under that section.]

Textual Amendments

F108 Sch. 17 para. 12A inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), ss. 46(2), 74(3)

F109 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(4)

Modifications etc. (not altering text)

C66 Sch. 17 Pt. I para. 12A excluded (1.4.1996) by S.I. 1995/187, artS. 1(1), 3(2), Sch. para. 2(a)

13 Section 101 above shall, in its application to the discharge as respects a National Park of any functions to which this Part of this Schedule applies and any additional countryside functions, have effect subject to the following modifications:—

(a) a local planning authority shall not make arrangements for the discharge of any such functions as respects a National Park or land in a National Park by some other local authority without consulting the Countryside Commission;

(b) section 101 shall not authorise a [F110 county or metropolitan district council] to make arrangements for the discharge of any functions which by virtue of paragraph 5 above are required to be discharged by a National Park Committee except in accordance with that paragraph;

(c) section 101(4) shall not apply in relation to arrangements made by the [F110 county or metropolitan district council] by virtue of paragraph 5 for the discharge of any functions by a National Park Committee.

Textual Amendments

F110 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(5)

14 In the case of a National Park Committee for a National Park wholly comprised in [F111 one planning area] the members of the Committee shall ([F112 subject to paragraphs 11 and 12A above]) be appointed by, and the majority of those members shall be members of, the council of [F113 the area], and in the case of a National Park Committee for a National Park comprised in [F114 two or more planning areas] the members of the Committee shall (subject as aforesaid) be appointed by such of the councils of [F114 those areas] as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State and a majority of the members of the Committee shall be members of those councils, and—

(a) so much of section 102(3) above as regulates the proportion of members of a committee shall not apply to a National Park Committee; and

(b) section 102(5) shall apply to a member of a National Park Committee appointed under this paragraph as being a member of a [F115 county or metropolitan district council] as it applies in relation to a member of a committee appointed under that section who was at the time of his appointment a member of the appointing authority or one of the appointing authorities.

Textual Amendments

F111 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(6)(a)

F112 Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), ss. 46(3), 74(3)

F113 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(6)(a)

F114 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(6)(b)

F115 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(6)(c)

National Park Officer E+W

15 Every joint planning board, special planning board or National Park Committee established for a National Park shall after consultation with the Countryside Commission appoint an officer, to be known as a National Park Officer, for the purposes of the functions exercisable by them as respects the Park by virtue of [F116 section 2 of the Town and Country Planning Act 1990] or this Part of this Schedule.

Textual Amendments

F116 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(g)

16 A National Park Officer appointed by a National Park Committee shall be an officer of [F117 the council of the planning area] by whom the Committee was established or, if it was established by two or more such councils, such one of them as they may agree or as, in default of agreement, may be determined by the Secretary of State.

Textual Amendments

F117 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(7)

17 A National Park Officer appointed by a joint board or special planning board or a National Park Committee shall not be employed for any purpose other than one mentioned in paragraph 15 above, except after consultation between the authority by whom he is employed and the Countryside Commission and, in the case of a National Park Officer appointed by a National Park Committee, except with the Committee’s consent.

National Parks Plans E+W

18 Every joint planning board, special planning board or National Park Committee established for a National Park shall—

(a) within three years of 1st April 1974 or of being established, whichever is the later, prepare and publish a plan to be known as a National Park Plan formulating their policy for the management of the Park and for the exercise of the functions exercisable by them as respects the Park; and

(b) review at intervals of not more than five years a National Park Plan published under this paragraph, making any amendments to it which they consider expedient, and publish a report on their review and any such amendments.

19 Every such board or committee established for a National Park shall in preparing or reviewing a National Park Plan send a copy of the proposed plan or review to the Countryside Commission and to any district planning authority whose area is wholly or partly comprised in the Park and take into consideration any observations of the Commission or any such authority thereon and shall send the Secretary of State a copy of a National Park Plan published under paragraph 18 above and of the report on any review or amendments so published.

Interpretation E+W

20 The functions to which this Part of this Schedule applies are all functions of a county council or district council as local planning authority under the 1949 Act, the 1968 Act [F118 and the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Consequential Provisions) Act 1990] and any enactment amending any of those Acts.

Textual Amendments

F118 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(6)(h)

21 In this Part of this Schedule “additional countryside functions” means functions other than those mentioned in paragraph 20 above, which, in the opinion of the council or councils concerned, or where the functions are ones which may be conferred by an order or determination of a Minister, of that Minister, relate to the countryside and are appropriate for reference to a board or committee concerned with matters relating to the countryside.

[F119 21A In this Part of this Schedule “planning area” means a metropolitan district or a non-metropolitan county.]

Textual Amendments

F119 Sch. 17 para. 21A inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(8)

Construction of References to the Countryside Commission E+W

21B In this Part of this Schedule, references to the Countryside Commission shall, in relation to a National Park in Wales, be construed as references to the Countryside Council for Wales.

Part II E+W Survey of Public Paths, Etc.

F120 22, 23. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 Sch. 17 paras. 22–33 repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 17 Pt. II

24 E+W Where on any such survey of any area under section 27 of the 1949 Act a draft map and statement has, but a provisional map and statement has not, been published before 1st April 1974, the county council may if they think fit take no further steps in relation to the draft map and statement and instead prepare a new draft map and statement for that area under that section and that section and sections 28 and 29 of that Act (survey information, and representations and objections) shall apply to the new review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.

25 E+W Where on any such review of any area under any of the provisions mentioned in paragraph 22 above no revised draft map and statement has been published before 1st April 1974, the review shall be abandoned and the county council shall begin a new review of that area or so much of it as lies within the county after that date under those provisions, and those provisions shall apply to the review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.

26 E+W Where a revised map and statement has been published in draft before that date under any of those provisions, but a revised map or statement has not been published in provisional or, as the case may be, definitive form, before 1st April 1974, the county council may if they think fit take no further steps in relation to the draft revised map and statement and instead prepare and publish a new revised map and statement in that form for that area under those provisions, and those provisions shall apply to the new review, subject to such exceptions and modifications as the Secretary of State may in any particular case direct.

27 E+W Any area to which sections 27 to 34 of the 1949 Act (the survey provisions) do not apply immediately before 1st April 1974 by virtue of the fact that it is or forms part of an existing county borough shall on and after that date continue to be excluded from the operation of those sections except so far as they are adopted under section 35(2) of that Act as respects the whole or part of that area.

F121 28 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 17 para. 28 repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 17 Pt. II

29 E+W Where in consequence of any survey, review, further review or special review begun under any of the provisions mentioned in paragraph 22 above two or more definitive maps and statements are prepared whether before or after 1st April 1974 for different parts of a new county, the county council shall not take any further steps under those provisions in relation to those maps and statements until all such maps and statements have been prepared for the whole of their area (less any part of it excluded by paragraph 27 above).

30 E+W Where all such maps and statements have been prepared for the whole of that area, the county council shall at one and the same time review the particulars contained in each of those maps and statements; and accordingly section 33 of the 1949 Act and Parts II to IV of Schedule 3 to the 1968 Act (periodical revision of maps and statements) shall apply as if the relevant date for the purposes of each of those maps and statements were the earliest of the relevant dates specified therein or such later date as, on the application of the county council, the Secretary of State may in any particular case direct.

31 E+W Where the Secretary of State gives a direction under this Part of this Schedule, he shall take such steps as he thinks appropriate for bringing it to the notice of persons who may be affected by it.

32 E+W Section 28(3) of the 1949 Act shall not apply to Wales and in that subsection the word “rural” shall be omitted and for the words “representative body of the parish or a member of that body” there shall be substituted the words “chairman of the parish meeting or any person representing the parish on the district council”.

33 E+W In this Part of this Schedule any reference to a definitive map and statement includes a reference to a revised map and statement prepared in definitive form.

Part III E+W Miscellaneous Modifications of 1949 and 1968 Acts

Establishment of nature reserves by local authorities E+W

34 E+W The powers conferred on a county council by sections 21 and 99(6) of the 1949 Act (nature reserves) shall also be exercisable as respects any district by the district council and references in those sections and section 22 of that Act to a local authority shall be construed accordingly.

Access to open country E+W

35 Any area in which section 61(1) and (2) of the 1949 Act (survey of access requirements) do not apply immediately before 1st April 1974 by virtue of section 61(3) of that Act shall on and after that date continue to be excluded from the operation of the said subsections (1) and (2) until they are adopted or applied to the area under the said subsection (3), and references in the said subsection (3) to a county borough and its council shall be respectively construed as references to any such area and the county council.

Modifications etc. (not altering text)

C67 Sch. 17 para. 35 modified by Local Government Act 1985 (c. 51, SIF 81:1), s. 7, Sch. 3 para. 5(9)

Yn ddilys o 01/04/1996

[F122 35A In relation to Wales, paragraph 35 above has effect as if—

(a) for “1974” there were substituted “1996”;

(b) for “and the county council” there were substituted “and the principal council”.]

Textual Amendments

F122 Sch. 17 para. 35A inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. I para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

36 E+W Any county planning authority may require any other local planning authority having functions under Part V of the 1949 Act within the area of the county planning authority to give the county planning authority such information as may facilitate the discharge of the latter’s functions under section 62(2) or 63(1) of that Act (securing access) or section 78(1) of that Act (maps of land subject to public access).

37 The functions of a local planning authority under section 67, 68, 81 or 82 of the 1949 Act or section 20 of the 1968 Act (supplementary provisions as to access to land) in relation to land which is the subject of an access agreement or order under Part V of the 1949 Act, and the functions of such an authority under section 70 of the 1949 Act in relation to such land and any land held therewith, shall be functions of the authority by whom the agreement or order was made or, where such an order was made by a Minister of the Crown, of the county planning authority, and in those sections, in their application to such land, references to a local planning authority shall be construed accordingly.

Modifications etc. (not altering text)

C68 Sch. 17 para. 37 excluded (19.9.1995) by 1995 c. 25, ss. 68(1), 125(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Miscellaneous E+W

X7 38 E+W Section 89(2A) of the 1949 Act (treatment of derelict land) shall cease to have effect.

Editorial Information

X7 The text of Sch. 17 paras. 38, 39 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X8 39 E+W Section 90(2) of the 1949 Act (byelaws) shall cease to have effect and in section 90(4) of that Act for the reference to a local authority there shall be substituted a reference to the local planning authority.

Editorial Information

X8 The text of Sch. 17 paras. 38, 39 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

40 E+W In section 111 of the 1949 Act (Isles of Scilly) references to that Act shall include references to section 184 above and this Schedule.

41 E+W In paragraph 1(3)(a) and 2(5) of Schedule 1 to the 1949 Act (procedure on orders designating National Parks) for references to the local planning authority there shall be substituted references to the county planning authority.

Section 185.

F123 SCHEDULE 18 E+W AMENDMENTS OF M56 TOWN DEVELOPMENT ACT 1952

Textual Amendments

F123 Sch. 18 repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M56 1952 c. 54.

F124 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 Sch. 18 para. 1 repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XIV

X9 2 E+W In section 4, in subsection (1) for the words “county borough of county district” there shall be substituted the words “county or district or the Greater London Council”.

Editorial Information

X9 The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X10 3 E+W In section 7, for paragraphs (a) to (c) there shall be substituted the following paragraphs:—

“(a) the council of a district which is not a receiving district;

(b) the Greater London Council;

(c) the council of a county, or;”

and in paragraph (d) after the words “1945” there shall be inserted the words “under section 181 of the Local Government Act 1972”.

Editorial Information

X10 The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X11 4 E+W In section 8(1), F125 . . . in paragraph (c) for the words “county borough” in each place where they occur, there shall be substituted the word “district”.

Editorial Information

X11 The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F125 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XIV

X12 5 E+W In section 10(3), for the words “county borough or county district” there shall be substituted the words “county or district or the Greater London Council”.

Editorial Information

X12 The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X13 6 E+W In section 11, for the words from “of the county” to “it is carried out” there shall be substituted the words “of a county” and for the words “by the council of a county borough” there shall be substituted the words “other district council”.

Editorial Information

X13 The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 186.

SCHEDULE 19 E+W AMENDMENTS OF ENACTMENTS RELATING TO ROAD TRAFFIC AND ABANDONED VEHICLES

PART I E+W M57 THE ROAD TRAFFIC ACT 1972

Marginal Citations

M57 1972 c. 20.

X14 1 E+W In section 31(7), for the words “county borough or county district” there shall be substituted the word “ county ”.

Editorial Information

X14 The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X15 2 E+W In section 33(4), for the words “of a borough or of an urban district” there shall be substituted the words “ or of a London borough ”.

Editorial Information

X15 The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X16 3 E+W In section 35(5), in paragraph (a) for the words from “county borough” in the first place where they occur to the end of the paragraph there shall be substituted the words “ London borough ”, and the words “and in this subsection “county borough” includes a London borough” shall be omitted.

Editorial Information

X16 The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X17 4 E+W In section 38, subsection (3) shall be omitted and in subsection (5)(a) for the words “a borough or an urban district” there shall be substituted the words “ or London borough ”.

Editorial Information

X17 The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X18 5 E+W In section 43(3) for the words “of a borough, of an urban district” there shall be substituted the words “ of a district or London borough ”.

Editorial Information

X18 The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X19 6 E+W In section 196(1) in the definition of “highway authority”, the words “the council of a county borough, the council of a non-county borough or an urban district” shall be omitted.

Editorial Information

X19 The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART II E+W

F126 7–32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Sch. 19 Pt. II (paras. 7–32) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

PART III E+W

F127 33–36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Sch. 19 Pt. III (paras. 33–36) repealed by Refuse Disposal (Amenity) Act 1978 (c. 3, SIF 100:3), s. 12, Sch. 2

F128 SCHEDULE 20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F128 Sch. 20 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

Section 188.

SCHEDULE 21 E+W AMENDMENTS OF ENACTMENTS RELATING TO HIGHWAYS

PART I E+W

F129 1–95 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 21 paras. 1–95 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

PART II E+W OTHER ENACTMENTS

F130 96 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 Sch. 21 para. 96 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

X20 97 E+W At the end of section 57(3) of the M58 National Parks and Access to the Countryside Act 1949 there shall be added the words “ or by the council of the district in which the notice is placed or maintained ”.

Editorial Information

X20 The text of Sch. 21 paras. 97, 98 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M58 1949 c. 97.

98 (1) In section 1(4)(b) of the M59 Public Utilities Street Works Act 1950 for the words “appropriate local authority” there shall be substituted the words “local highway authority”.

(2) In section 2(4)(b) of that Act, for the words “appropriate local authority” there shall be substituted the words “local highway authority”.

(3) In section 21 of that Act—

(a) in subsection (1)(a) for the words from “Minister” to “urban district”,

(b) in subsection (1)(b) for the words from “Minister” to “paragraph”, and

(c) in subsection (3) for the words “Minister or the council”,

there shall be substituted the words “highway authority”, and at the end of that section there shall be added the following subsection:—

“(4) In so far as any works carried out in a street by a district council by virtue of their powers under section 187(2) of the Local Government Act 1972 constitute a road alteration, the references in subsections (1)(a) and (3) of this section to the highway authority, and in the Table in Schedule 6 to this Act to the local highway authority, shall be construed, in relation to those works, as references to the district council.”

(4) In section 39(1) of that Act for the definition “highway authority” there shall be substituted the following definition:— “ “highway authority” and “local highway authority” have the same meanings as in the Highways Act 1959 ”.

(5) In Schedule 2 to that Act, in paragraphs I and 3 for the words “appropriate local authority” there shall be substituted the words “local highway authority”.

(6) In the Table at the end of Schedule 6 to that Act, in paragraph (iii), for the word “council” there shall be substituted the words “local highway authority”.

Modifications etc. (not altering text)

C69 The text of Sch. 21 paras. 97, 98 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M59 1950 c. 39.

F131 99, 100. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Sch. 21 paras. 99, 100 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

F132 SCHEDULE 22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F132 Sch. 22 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Section 195.

X21 SCHEDULE 23 E+W AMENDMENTS OF ENACTMENTS CONFERRING SOCIAL SERVICES FUNCTIONS

Editorial Information

X21 The text of Sch. 23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F133 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133 Sch. 23 para. 1 repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

2 (1) In section 21 of the M60 National Assistance Act in subsection (1), for the words from the beginning to “to provide” there shall be substituted the words “Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing” ; in subsection (2) of that section for the words “the exercise of their said duty” there shall be substituted the words “making any such arrangements”; subsection (3) of that section shall be, omitted ; and in subsection (4) of that section, for the words “said functions” there shall be substituted the words “functions under this section” and for the words “specified in the scheme” there shall be substituted the words “determined in accordance with the arrangements”.

(2) In section 24 of that Act, in subsections (1) . . . F134 for the word “liable” there shall be substituted the word “empowered” ; in subsection (3) for the word “duty” there shall be substituted the word “power” ; and in subsection (4) of that section for the word “scheme” there shall be substituted the word “arrangements”.

(3) In section 26 of that Act, [F135 in subsection (1) for the words “a scheme under section twenty-one thereof may provide that” there shall be substituted the words “arrangements under section 21 thereof may include provision whereby” and] in subsection (2) [F135 of that section] for the words “such arrangements as aforesaid” there shall be substituted the words “arrangements made by virtue of subsection (1) of this section”.

(4) In section 29 of that Act, in subsection (1), for the words “shall have power to” there shall be substituted the words “may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall”; and subsections (2) and (3) of that section shall be omitted.

(5) In section 30(1) of that Act, for the words “if the scheme under the last foregoing section so provides” there shall be substituted the words “in accordance with arrangements made under section 29 of this Act”.

(6) In section 33(1) of that Act, for the words “the council of a county or county borough” there shall be substituted the words “a council which is a local authority for the purposes of the Local Authority Social Services Act 1970”.

[F136 (7) In section 35(2) of that Act, the words from the beginning to “this Act”, in the first place where those words occur, shall be omitted.]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

(9) In section 41(2) of that Act, in paragraph (a), for the words from “of counties” to the end of the paragraph there shall be substituted the words “which are registration authorities for the purposes of section 37 of this Act”.

(10) In section 48 of that Act, in subsection (4), for the words “the council of the county, county borough or large burgh” there shall be substituted the words “the council which is the local authority for the purposes of the Local Authority Social Services Act 1970 and”.

(11) In section 49 of that Act, for the words “the council of a county or county borough” there shall be substituted the words “any such council as is referred to in section 48(4) of this Act”.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

(13) In section 56 of that Act, for subsection (3) there shall be substituted the following subsection:—

“(3) Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the Local Authority Social Services Act 1970 and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.”

Textual Amendments

F134 Words repealed by Housing (Homeless Persons) Act 1977 (c. 48, SIF 61), s. 20(4), Sch.

F135 Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F136 Sch. 23 para. 2(7) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F137 Sch. 23 para. 2(8) repealed by Residential Homes Act 1980 (c. 7, SIF 81:1), s. 11(5), Sch. 2

F138 Sch. 23 para. 2(12) repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Marginal Citations

M60 1948 c. 29.

F139 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Sch. 23 para. 3 repealed by Child Care Act 1980 (c. 5), s. 89(3), Sch. 6

[F140 4 (1) In sections 1 to 7 and I I of the M61 Nurseries and Child-Mnders Regulation Act 1948, for the words “the local health authority”, in each place where they occur, there shall be substituted the words “the local social services authority”.

(2) In section 13(2) of that Act, after the definition of “hospital” there shall be inserted the following definition:— “ “local social services authority” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 ”.]

Textual Amendments

F140 Sch. 23 para. 4 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15

Marginal Citations

M61 1948 c. 53.

F141 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Sch. 23 para. 5 repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

6 (1) In section 3 of the M62 Disabled Persons (Employment) Act 1958, in subsection (1), for the words “shall have power under this section to” there shall be substituted the words “ may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the authority’s area shall ” and the words from “and in relation to” to the end of the subsection shall be omitted in subsection (3) of that section the words from the beginning to “made thereunder” shall be omitted ; and in subsection (5) of that section for the words “or of a county borough” there shall be substituted the words “ other than a metropolitan county, or of a metropolitan district or London borough or the Common Council of the City of London ”. E+W

(2) In the Schedule, in paragraph 1(1)(c), for the words “thirty-two and thirty-four” there shall be substituted the words “ and 32 ” and in paragraph 1(2) the words “thirty-four” shall be omitted.

Marginal Citations

M62 1958 c. 33.

F142 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142 Sch. 23 para. 7 repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3

F143 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143 Sch. 23 para. 8 repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 73(3), Sch. 4

9 [F144 (1) In the M63 Mental Health Act 1959, in sections 8(1), . . . F145 for the words “local health authorities” there shall be substituted the words “local social services authorities”.]

(2) In sections . . . F146 , 131, . . . F146 and 142 of that Act for the words “local health authority” there shall be substituted the words “local social services authority”.

[F147 (3) In section 9 of that Act, in subsection (1), for the words from the beginning to “authority)” there shall be substituted the words “A local social services authority” and the words “as local health authority” shall be omitted ; for subsection (2) of that section there shall be substituted the following subsection:—

“(2) Where any such child as is referred to in subsection (1) of this section is accommodated as mentioned in that subsection by a local social services authority; the authority may make such adjustments of their accounts as they consider appropriate”;

and in subsection (3) of that section for the words “children authority”, in the first place where they occur, and for the words “local health authority” there shall be substituted the words “local social services authority” and the words “as a children authority” shall be omitted.]

(4)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

Textual Amendments

F144 Sch. 23 para 9(1) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F145 Words repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 6

F146 Words repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 6

F147 Sch. 23 para. 9(3) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 108(2)(7), Sch. 15

F148 Sch. 23 para. 9(4)–(6) repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 6

Marginal Citations

M63 1959 c. 72.

F149 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F149 Sch. 23 para. 10 repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(2), Sch. 3

11 In section 10(1) of the M64 Mental Health (Scotland) Act 1960, in paragraph (b), after the word “or”, in the first place where it occurs, there shall be inserted the words “ of a local social services authority ”, and at the end of paragraph (c) there shall be added the words “ or local social services authority ”.

Marginal Citations

M64 1960 c. 61

F150 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150 Sch. 23 para. 12 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10

F151 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151 Sch. 23 para. 13 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

F152 14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 Sch. 23 para. 14 repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(3), Sch. 8

15 F153 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(3) In section 45(11) of that Act, for the words “county borough” there shall be substituted the words “ other than a metropolitan county, or of a metropolitan district ”.

(4) In section 65(3)(a) of that Act, for the words “county borough” there shall be substituted the words “ other than a metropolitan county, or of a metropolitan district ”.

Textual Amendments

F153 Sch. 23 para. 15(1)(2) repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

16 E+W In section 70(1) of the M65 Children and Young Persons Act 1969, in the definition of “local authority”, for the words “means the council of a county, county borough” there shall be substituted the words “ except in relation to proceedings under section I of this Act instituted by a local education authority, means the council of a non-metropolitan county or of a metropolitan district ”.

Marginal Citations

M65 1969 c. 54.

Section 202.

SCHEDULE 24 E+W Amendments of M66 Transport Act 1968, Part II

Marginal Citations

M66 1968 c. 73.

Part I E+W Amendments of General Application

1 In section 9(1)(a) (constitution of Passenger Transport Authorities) sub-paragraph (ii) (persons appointed by the Secretary of State) shall cease to have effect.

Modifications etc. (not altering text)

C70 The text of Sch. 24 paras. 1, 2, 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X22 2 E+W In section 11 (financial duty of Passenger Transport Executives) after subsection (3) there shall be inserted the following subsection:—

“(3A) Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof ; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.”

Editorial Information

X22 The text of Sch. 24 paras. 1, 2, 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F154 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Sch. 24 para. 3 repealed by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 38, Sch. 6 Pt. IV

X23 4 E+W After section 15 there shall be inserted the following section:—

“15A Additional provisions as to control of Executive by Authority.

(1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.

(2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.

(3) The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner ; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority.”

Editorial Information

X23 The text of Sch. 24 paras. 1, 2, 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X24 5 E+W In section 15(1) (Executive to submit certain proposals and estimates for the approval of the Authority) for paragraphs (b) and (c) there shall be substituted the following paragraphs:—

“(b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority ;

(c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account”.

Editorial Information

X24 The text of Sch. 24 paras. 1, 2, 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X25 6 E+W In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “ as the Authority consider appropriate ”.

Editorial Information

X25 The text of Sch. 24 paras. 1, 2, 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X26 7 E+W In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “ or an Authority for a designated area ”.

Editorial Information

X26 The text of Sch. 24 paras. 1, 2, 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 E+W In Part I of Schedule 5 (constitution of Passenger Transport Authorities) so much of paragraph 1 as requires the approval of the Secretary of State to the appointment of the chairman of an Authority shall cease to have effect.

Part II E+W

F155 9–17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F155 Sch. 24 Pt. II repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 25, Sch. 8

Section 204.

SCHEDULE 25 E+W Amendments of Licensing Enactments

Part I E+W Amendments of M67 Licensing Act 1964

Marginal Citations

M67 1964 c. 26.

1 For subsection (1) of section 2 there shall be substituted the following subsection:

“(1) The licensing districts for the purposes of this Act Shall be the petty sessions areas, within the meaning of the Magistrates Courts Act 1952”.

Modifications etc. (not altering text)

C71 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F156 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F156 Sch. 25 paras. 2, 7 repealed (with saving) by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I (and repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7; S.I. 2005/3056, art. 2(2))

3 (1) In section 66, for the words “county or county borough” in each place where they occur, there shall be substituted the word “ district ”.

(2) In subsection (4)(b) of that section, for the words “clerk of the county council or town clerk of the county borough” there shall be substituted the words “ proper officer of the district council ” and for the word “1968” there shall be substituted the word “ 1975 ”.

(3) In subsection (7) of that section, for the words “clerk of the county council or town clerk” there shall be substituted the words “ proper officer of the district council ”.

Modifications etc. (not altering text)

C72 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 (1) In section 67, for the words “county or county borough” in each place where they occur, there shall he substituted the word “ district ”.

(2) In subsection (3) of that section for the words “chairman of the county council or mayor” there shall be substituted the words “ chairman of the district council ” and for the words “clerk of the county council or town clerk” there shall be substituted the words “ proper officer of the district council ”.

Modifications etc. (not altering text)

C73 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 In section 180(1)(a) for the words “county or county borough” there shall be substituted the words “ district or part thereof ”.

Modifications etc. (not altering text)

C74 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 In Schedule 2. for paragraphs (a) to (c) of paragraph 5 there shall be substituted the following paragraphs:—

“(a) if the premises to be licensed are outside Greater London, to the proper officer of the district council, and

(b) if the premises to be licensed are in a parish, to the proper officer of the parish council or, where there is no parish council, to the chainman of the parish meeting; and

(c) if the premises are in a community where there is a community council, to the proper officer of that council.”

Modifications etc. (not altering text)

C75 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F157 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157 Sch. 25 paras. 2, 7 repealed (with saving) by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I (and repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7; S.I. 2005/3056, art. 2(2))

8 (1) For paragraphs I to 3 of Schedule 8 there shall be substituted the following paragraphs:—

“1 Subject to paragraph 3 below, the rules made by the Secretary of State under section 42 of the Local Government Act 1972 for the conduct of elections of councillors for local government areas shall have effect in their application to polls under section 66 of this Act subject to such adaptations, alterations exceptions as seem appropriate to the Secretary of State.

2 Subsections (1) and (3) of section 243 of the Local Government Act 1972 shall apply to the day fixed for the poll under section 66 of this Act as they have effect by virtue of paragraph 1 above and to the day or last day on which anything is required or permitted to be done by this Schedule as they apply to the day or the last day on which anything is required or permitted to be done by any provision to which the said subsection (1) applies, and references in subsections (4) and (5) of that section to any rules mentioned in subsection (2) of that section shall be construed as including references to any such rules as they have effect by virtue of paragraph 1 above.

3 The adaptations and alterations made by the Secretary of State under paragraph 1 above shall provide for the use, subject to any variations which in the circumstances appear to the Secretary of State to be appropriate, of the forms B to E in the Appendix to this Schedule, or of forms substantially to the like effect, in place of any corresponding forms required by the rules referred to in paragraph 1 above.”

(2) Paragraph 4 of that Schedule shall be omitted.

(3) In paragraph 6 of that Schedule, for the word “county”, each place where it occurs (except in passages omitted by the following provision of this sub-paragraph) there shall be substituted the word “ district ”; in sub-paragraph (1) of that paragraph the words “In a county”; the words “and in a county borough divided into wards the mayor”, the words “or county borough” in the first two places where they occur, and the words from “except that” to the end of the sub-paragraph shall be omitted ; in sub-paragraph (2) the words “or county borough” and the words “or mayor”, both places where they occur, shall be omitted ; and in sub-paragraph (3) the words “or mayor” and “or county borough” shall be omitted.

(4) In paragraph 7, for the word “county” in each place where it occurs (except in the expression “county borough”) there shall be substituted the word “ district ” and the following words, in each place where they occur, shall be omitted, namely “or county borough or mayor” and “or borough”

Modifications etc. (not altering text)

C76 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 (1) In the Appendix to Schedule 8 to that Act, in forms A to C and E for the words “[county of ] [county borough of ]” there shall be substituted the words “ [district of ] ” and, in form A, for the words “county [borough]” there shall be substituted the word “ district ”.

(2) In Form D in that Appendix, the words “[ electoral division of the county of ] [county borough of ]”, in each place where they occur, shall be omitted and, subject to those omissions, for the words “county borough” or “county [borough]”, in each place where they occur, there shall be substituted the word “ district ”.

Modifications etc. (not altering text)

C77 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part II E+W

F158 10–12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F158 Sch. 25 Pt. II paras. 10–12 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

Section 214.

SCHEDULE 26 E+W Cemeteries and Crematoria

Discharge of functions of burial authorities E+W

1 E+W In relation to a cemetery or crematorium maintained immediately before 1st April 1974 by a burial board, joint burial board or committee which ceases to exist by virtue of section 214 above the functions conferred by the said section 214 and this Schedule shall, subject to the provisions of any order made under section 254 above, be exercised on and after that date by whichever of the following burial authorities is relevant:—

(a) where the area of the board or committee becomes wholly comprised on that date in a parish or community having a parish or community council, whether separate or common, that council;

(b) where that area becomes comprised in two or more such parishes or communities, the councils of those parishes or communities, acting jointly;

(c) where that area becomes wholly comprised in a parish not having a parish council, the parish meeting of the parish;

(d) where that area becomes wholly comprised in two or more parishes not having parish councils, the parish meetings for those parishes acting jointly;

(e) where that area becomes wholly comprised in two or more parishes of which one or more have, and one or more have not, parish councils, the parish council or councils and the parish meeting or meetings of the parish or parishes not having parish councils, acting jointly;

(f) where that area becomes wholly comprised in a community not having a community council or in two or more such communities, the council of the district in which that community or those communities become comprised or, where they become comprised in different districts, the councils of those districts acting jointly;

(g) where that area becomes wholly comprised in two or more communities of which one or more have, and one or more have not, community councils, the community council or councils and the council or councils of the district or districts in which the community or communities not having community councils become comprised, acting jointly;

(h) in the case of an area in England none of which becomes comprised in a parish, the council of the district in which it becomes comprised or, where it becomes comprised in two or more districts, the councils of those districts acting jointly;

(i) where that area becomes comprised partly in a parish or parishes and partly in an area which is not a parish, the parish council or councils or parish meeting or meetings, as the case may be, of that parish or those parishes and the court or councils of the district or districts in which it becomes comprised, acting jointly.

2 E+W Where by virtue of paragraph 1 above the functions conferred by section 214 above and this Schedule become exercisable by two or more burial authorities, then, unless a joint board is established under section 6 of the M68 Public Health Act 1936 to exercise those functions, it shall be their duty to make arrangements under Part VI of this Act for the discharge of those functions by a joint committee of those authorities.

Marginal Citations

M68 1936 c. 49.

3 E+W Section 6 of the M69 Public Health Act 1936 (establishment of joint boards to perform the functions of local authorities under the Public Health Acts) shall have effect as if the provisions of the M70 Cremation Acts 1902 M71 and 1952, section 214 above and this Schedule were part of that Act and as if the reference to local authorities and their districts—

(a) so far as those sections relate to functions with respect to cemeteries, included references to burial authorities and their areas; and

(b) so far as those sections relate to functions with respect to crematoria, included references to burial authorities, other than parish meetings, and the areas of such authorities.

Marginal Citations

M69 1936 c. 49.

M70 1902 c. 8.

M71 1952 c. 31.

4 Where in pursuance of paragraph 2 above two or more burial authorities make arrangements under Part VI of this Act for the discharge of their functions by a joint committee, and if any of those authorities wish, and one or more of the others do not wish, to alter the arrangements, the arrangements may be changed or ended—

(a) where those authorities are the councils of parishes or communities or groups of parishes or communities situated in the same district, by the council of that district;

(b) in any other case, by the Secretary of State.

5 E+W In the following provisions of this Act, that is to say, sections 101 to 106, 111, 112, 124, 125, 139 and Part I of Schedule 13 so far as they relate to functions conferred by section 214 above and this Schedule, any reference to a local authority or a parish council shall include a reference to a parish meeting or, as may be appropriate, the parish trustees of a parish, and section 109 above shall not apply to those functions.

6 E+W Notwithstanding anything in section 150 above, a parish or community council or parish meeting may by resolution declare any expenses incurred by them in the discharge of functions under section 214 above and this Schedule to be chargeable only on such part of their area as may be specified in the resolution, and any such resolution may be varied or revoked by a subsequent resolution of the council or meeting, as the case may be.

7 If the constituent local authorities of a joint committee of burial authorities are unable to purchase by agreement and on reasonable terms suitable land for the purpose of enabling the committee to exercise their powers under section 214 above and none of those authorities is a district council, the committee may represent the case to the council of the district in which their area or any part of it is situated, and thereupon section 125 above shall apply as if the committee were a parish or community council and their area were a parish or community.

8 The district council in making and the Secretary of State in confirming an order under that section as applied by paragraph 7 above shall take account of the needs of the whole area of the committee even if it is partly outside the district.

9 E+W Land acquired in pursuance of paragraph 7 above shall be conveyed to one or more of, or of the bodies qualified to hold land on behalf of, the constituent local authorities.

Provision and management of cemeteries E+W

10 E+W Sections 15 F159 . . . of the M72 Public Health Act 1936 shall apply to the carrying out of works by the council of a district or London borough or the Common Council outside their respective areas for the purpose of a cemetery or crematorium as they apply to the construction of sewage disposal works by such a council outside their area.

Textual Amendments

F159 Words repealed by S.I. 1974/595

Marginal Citations

M72 1936 c. 49.

11 (1) Subject to the provisions of any order made under section 214(3) above, the council of a district or London borough and the Common Council may make byelaws with respect to the management of any cemeteries provided by them and a parish or community council or parish meeting may adopt for any cemetery provided by them any byelaws made under this paragraph by the district council and duly confirmed.

(2) The confirming authority in relation to byelaws made under this paragraph shall be the Secretary of State.

F160 12, 13. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Sch. 26 paras. 12, 13, 18–23 repealed by S.I. 1974/628

14 E+W Until the first order under section 214(3) above takes effect, the M73 Cemeteries Clauses Act 1847, except sections 15, 25, 27, 28, 30 to 35, 60, 66 and 67, shall be incorporated with this Act, but—

(a) when the first order under that subsection takes effect, the said Act of 1847 shall cease to apply to cemeteries provided by local authorities, and

(b) section 10 of that Act (cemeteries not to be within a certain distance of houses) shall cease to have effect on 1st April 1974.

Marginal Citations

M73 1847 c. 65.

Saving, amendments and modifications of enactments E+W

15 E+W Section 214(1) above shall not affect the power to make an Order in Council under section 1 of the M74 Burial Act 1853 or section 2 of the M75 Burial Act 1855 with respect to the discontinuance of burials; and—

(a) the power to make such an Order shall, notwithstanding anything in section 5 of the said Act of 1853 (which precludes the exercise of that power in the case of cemeteries provided under any Act of Parliament or with the approval of the Secretary of State) be exercisable in relation to all cemeteries provided under section 214 above or in Greater London provided otherwise; and

(b) section 51 of the M76 Burial Act 1852 shall apply to cemeteries in which burials are discontinued by virtue of this paragraph as it applies to burial grounds in which interments are discontinued under that Act;

but nothing in any such Order shall prevent the interment of the body of any person in the Cathedral Church of St. Paul, London, or in the Collegiate Church of St. Peter, Westminster, if Her Majesty signifies Her approval that the body be so interred.

Marginal Citations

M74 1853 c. 134.

M75 1855 c. 128.

M76 1852 c. 85.

X27 16 E+W In section 1 of the M77 Burial Act 1859, for the word “churchwardens”, in the first place where it occurs, there shall be substituted the words “ burial authority ”, for the words from “church wardens” in the second place where it occurs to “situate” there shall be substituted the words “ council of the district or London borough or the Common Council of the City of London, as the case may be ” and for the word “churchwardens”, wherever it subsequently occurs, there shall be substituted the word “ Council ”.

Editorial Information

X27 The text of Sch. 26 para. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M77 1859 c. 1. (22 Vict.).

17 E+W In Part III of Schedule 5 to the M78 Public Health Act 1875, the paragraph relating to section 83 of the Act 11 and 12 Vict. c. 63 shall in Greater London apply only within the outer London boroughs and shall outside Greater London apply to, and only to, a church or other place of public worship—

(a) to which it applies immediately before 1st April 1974 or would have so applied if the building had then been completed; or

(b) the building of which begins on or after that date.

Marginal Citations

M78 1875 c. 55.

F161 18–23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Sch. 26 paras. 12, 13, 18–23 repealed by S.I. 1974/628

24 E+W It shall not be necessary for the Secretary of State to approve any table of fees as required by section 9 of the M79 Cremation Act 1902, but any burial authority for the purposes of that Act shall keep such a table and it shall be available for inspection by the public at all reasonable times.

Modifications etc. (not altering text)

C78 Sch. 26 para. 24 extended by S.I. 1977/293, art. 5(2)

Marginal Citations

M79 1902 c. 8.

25 E+W A burial authority within the meaning of section 214 above shall also be a burial authority for the purposes of F162 . . . the M80 Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970.

Textual Amendments

F162 Words repealed by S.I. 1974/628

Marginal Citations

M80 1970 c. 29.

SCHEDULE 27 E+W

F163 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163 Sch. 27 paras. 1, 5–10, 12–15 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F164 2–4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F164 Sch. 27 paras. 2–4, 11 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20, Sch. 5 Pt. II and expressed to be repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F165 5–10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F165 Sch. 27 paras. 1, 5–10, 12–15 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F166 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 Sch. 27 paras. 2–4, 11 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20, Sch. 5 Pt. II and expressed to be repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F167 12–15 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Sch. 27 paras. 1, 5–10, 12–15 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F168 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168 Sch. 27 para. 16 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

F169 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F169 Sch. 27 para. 17 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F170 18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F170 Sch. 27 para. 18 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F171 19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F171 Sch. 27 para. 19 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

Section 221.

SCHEDULE 28 E+W Borough Civil Courts to be Abolished

Abingdon Court of Record

Andover Court of Record

Arundel Court of Record

Banbury Court of Record

Barnstaple Court of Record

Basingstoke Court of Record

Bath Court of Record

Beaumaris Court of Record

Beccles Fen Court

Bedford Court of Pleas

Beverley Court of Record

Bewdley Court of Record

Bideford Court of Record

Birmingham Borough Court

Blandford Forum Court of Record

Bodmin Court of Record

Boston Court of Record

Brecon Court of Record

Bridgwater Court of Record

Bridport Court of Record

Bristol Mayor’s Court

Buckingham Three Weeks Court

Bury St. Edmunds Court of Record

Cambridge Court of Pleas

Canterbury Mayor’s Court

Cardiff Court of Record

Carlisle Mayor and Bailiff’s Court

Chester Courts of Portmote and of Pentice and Passage

Chichester Court of Record

Chipping Norton Court of Record

Clitheroe Borough Court

Colchester Law Hundred and Foreign Courts

Congleton Court of Record

Conway Court Baron

Coventry Court of Record

Dartmouth Court of Record

Daventry Court of Record

Deal Court of Record

Denbigh Court of Pleas

Derby Court of Record

Devizes Court of Record

Doncaster Court of Pleas

Dorchester Court of Record

Dover Court of Record

Droitwich Court of Record

Evesham Court of Record

Exeter Court of Record

Eye Court of Record

Falmouth Court of Pleas and Record

Faversham Portmote Court

Folkestone Court of Record

Gloucester Court of Record

Godmanchester Court of Pleas

Grantham Court of Record

Gravesend Court of Record

Great Grimsby Mayor’s Court

Great Torrington Court of Record

Great Yarmouth Borough Court

Guildford Court of Record

Hartlepool Court of Pie Poudre, etc.

Harwich Court of Pleas

Hastings Court of Record

Haverfordwest Intrinsical Court

Hedon Court of Pleas

Helston Court of Record

Hereford Mayor’s Court

Hertford Court of Record

High Wycombe Court of Record

Huntingdon Court of Pleas

Hythe Court of Record

Ipswich Court of Small Pleas

King’s Lynn Guildhall Court

Kingston upon Thames Court of Record

Kirkby-in-Kendal Court of Record

Lancaster Borough Court of Pleas

Launceston Court of Record

Leicester Court of Record

Leominster Court of Record

Lichfield Court of Record

Lincoln Borough Mote Court and Court for Foreigners

Liskeard Court of Record

Llandovery Bailiffs’ Court

Lyme Regis Court of Hustings

Macclesfield Hundred Court

Maidenhead Court of Record

Maidstone Court of Pleas

Marlborough Mayor’s or King’s Court

Monmouth Borough Court

Neath Court of Pleas

Newark Court of Record

Newbury Court of Record

Newcastle-under-Lyme Court of Record

Newcastle upon Tyne Burgess and Non-Burgess Courts

Newport (Isle of Wight) Court of Record

Newport (Monmouthshire) Court of Record

Northampton Court of Record

Norwich Court of Pleas

Nottingham Court of Record

Oxford Court of Husting

Oxford Mayor’s Court

Pembroke Mayor’s Fortnight Court

Penryn Court of Record

Penzance Court of Record

Plymouth Mayor’s Court

Pontefract Courts

Poole Court of Record

Portsmouth Court of Record

Preston Court of Pleas

Reading Borough Court of Record

Retford (East) Court of Record

Ripon Borough Court

Rochester Court of Portmote

Romsey Court of Record

Ruthin Court of the Lordship

St. Albans Court of Record

St. Ives (Cornwall) Court of Record

Salisbury Bishop’s Court

Scarborough Court of Pleas

Shaftesbury Court of Record

Shrewsbury Court of Record

Southampton Court of Record

Southwark Court of Record

Southwold Court of Record

Stafford Court of Record

Stockport Court of Portemani mote

Stratford-upon-Avon Court of Record

Swansea Court of Record

Tamworth Court of Record

Tenby Court of Record

Totnes Court of Record

Truro Court of Record

Wallingford Court of Record

Walsall Court of Record

Wells Court of Record

Welshpool Court of Record

Weymouth and Melcombe Regis Court of Record

Wigan Court of Pleas

Winchester City Town Court

Windsor Record Court

Worcester Court of Record

York Court of Record

Yn ddilys o 12/01/2010

[F172 SCHEDULE 28A E+W Amendment of laws relating to freedoms of cities and towns

Textual Amendments

F172 Sch. 28A inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(3), 148(1)(d)

Introductory E+W

1 (1) This Schedule makes provision for the laws relating to freedom of a city or town to be amended by, or pursuant to, a resolution of persons admitted to that freedom. E+W

(2) The powers conferred by this Schedule are without prejudice to any other power to amend the law relating to freedom of a city or town.

(3) In this Schedule—

• “appropriate national authority” means—

  (a)

  the Secretary of State, in relation to a city or town in England;

  (b)

  the Welsh Ministers, in relation to a city or town in Wales;

• “enactment” includes in particular—

  (a)

  a royal charter or other instrument made under the royal prerogative;

  (b)

  any instrument made under an enactment.

Powers to amend law in respect of women and civil partners E+W

2 (1) The purposes of this paragraph are— E+W

(a) to provide for a woman to have the right to be admitted to freedom of a city or town in any or all circumstances where a man has that right;

(b) to enable a woman admitted to the freedom of a city or town (whether pursuant to this Schedule or otherwise) to use the title “freewoman”;

(c) to put a civil partner or surviving civil partner of a person admitted to freedom of a city or town in the same position as a spouse or surviving spouse of such a person.

(2) The appropriate national authority may by order amend an Act for any purpose of this paragraph, if the amendment is proposed by a qualifying resolution.

(3) A qualifying resolution may amend—

(a) any enactment other than an Act, or

(b) the law established by custom,

for any purpose of this paragraph.

(4) An amendment may not be made under this paragraph for the purpose specified in sub-paragraph (1)(a) if the effect of the amendment in any case or circumstances would be to deprive a man of the right to be admitted to freedom of a city or town.

(5) A provision of a public general Act may not be amended under this paragraph unless the provision relates only to—

(a) a particular city or town, or

(b) a specified group of cities or towns.

Power to amend royal charters E+W

3 (1) Her Majesty may by Order in Council amend the law relating to rights of admission to freedom of a city or town where— E+W

(a) the law is contained in a royal charter; and

(b) the amendment is proposed in a qualifying resolution.

(2) It is immaterial for the purposes of sub-paragraph (1) above whether the amendment is one which could be made under paragraph 2(3) above.

(3) An Order in Council under this paragraph is not a statutory instrument for the purposes of the Statutory Instruments Act 1946.

Powers to amend laws established by custom E+W

4 (1) A qualifying resolution may amend the law relating to rights of admission to freedom of a city or town where the law is established by custom. E+W

(2) The power in sub-paragraph (1) above does not include power to make an amendment which could be made under paragraph 2(3) above.

Consequential amendments E+W

5 (1) The power to make an amendment under paragraph 2(2) above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to— E+W

(a) any enactment, or

(b) the law established by custom.

(2) The power to make an amendment under paragraph 2(3), 3 or 4 above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—

(a) any enactment other than an Act, or

(b) the law established by custom.

(3) Where an amendment is made under paragraph 2(3), 3 or 4 above, the appropriate national authority may by order make consequential amendments to any Act, if the consequential amendments are proposed by a qualifying resolution.

6 (1) Where by virtue of an amendment under paragraph 2, 3 or 4 above a person has the right of admission to freedom of city or town, the following amendments in particular are to be regarded as consequential for the purposes of this Schedule— E+W

(a) an amendment for the purpose of putting that person in the same position as any other person admitted to that freedom;

(b) an amendment for the purpose of putting a person who by marriage, civil partnership, descent, employment or otherwise is or has been related to or associated with that person in the same position as a person correspondingly related to or associated with any other person admitted to that freedom;

(c) an amendment for the purpose of putting a person who is or has been related by marriage or civil partnership to a surviving spouse or civil partner or child of that person in the same position as a person correspondingly related to the surviving spouse or civil partner or child of any other person admitted to that freedom.

(2) In determining for the purposes of sub-paragraph (1) above whether one relationship corresponds with another, differences of gender are to be ignored.

Qualifying resolutions E+W

7 (1) For the purposes of this Schedule, a “qualifying resolution” is a resolution— E+W

(a) in relation to which the requirements of paragraph 8 below are complied with; and

(b) which is passed in accordance with paragraph 9 below.

8 (1) The requirements of this paragraph in relation to a resolution are as follows. E+W

(2) The resolution must be proposed by three or more eligible persons.

(3) Voting on the resolution is to be by postal ballot.

(4) The proposers must make reasonable endeavours to secure that each eligible person is sent—

(a) a notice of the ballot, and

(b) a ballot paper.

(5) The notice must state—

(a) the resolution proposed,

(b) the purpose of the resolution, and

(c) the date by which ballot papers must be returned (the “voting date”).

(6) Any notice and ballot paper must be sent at least 28 days before the voting date.

(7) For the purposes of this paragraph, a notice or ballot paper is sent to a person on the day it is posted by first class post to the last known address of that person.

9 (1) A resolution is passed in accordance with this paragraph if— E+W

(a) it is passed by a majority of the eligible persons voting on the resolution,

(b) the number of eligible persons voting on the resolution is at least 10% of the number of eligible persons to whom notice is sent under paragraph 8(4) above, and the resolution is notified to the relevant council within six weeks from the voting date.

(2) For the purposes of sub-paragraph (1)(c) above, the resolution is notified by delivery of the following documents to the relevant council—

(a) a copy of the resolution;

(b) a copy of the notice sent under paragraph 8(4) above;

(c) a statement in writing of the names of the eligible persons to whom the notice was sent;

(d) a statement in writing of the number of eligible persons who voted on the resolution and of the number who voted in favour of it;

(e) all ballot papers returned in accordance with the notice.

(3) The relevant council must keep the documents delivered under sub-paragraph (2) above, but need not keep those within paragraphs (b) to (e) of that sub-paragraph if it considers that it is no longer reasonably necessary to do so.

10 E+W In paragraphs 8 and 9 above—

• “eligible person” means a person whose name is on the roll of persons admitted to the freedom of the city or town concerned kept under section 248(2) above;

• “relevant council” means—

  (a)

  in relation to a city or town in England—

  (i)

  the district council in whose area the city or town is situated, or

  (ii)

  if the city or town is not in the area of a district council, the county council in whose area it is situated;

  (b)

  in relation to a city or town in Wales, the principal council in whose area the city or town is situated.

Order-making powers: supplementary E+W

11 (1) A statutory instrument containing an order under this Schedule which contains an amendment to a public general Act is subject to annulment— E+W

(a) by either House of Parliament, in the case of an order made by the Secretary of State;

(b) by the National Assembly for Wales, in the case of an order made by the Welsh Ministers.]

Section 251.

SCHEDULE 29 E+W+S Adaptation, Modification and Amendment of Enactments

Part I E+W General Adaptation of Enactments

1 (1) This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment. E+W

(2) Any reference in any such enactment or instrument to a local authority within the meaning of the 1933 Act shall be construed as a reference to a local authority within the meaning of this Act.

2 E+W In any enactment or instrument to which paragraph 1 above applies any reference to a district which is such a reference by virtue only of a provision of this Act shall be construed as a reference to a district within the meaning of this Act.

3 E+W In any enactment or instrument to which paragraph 1 above applies—

(a) references to expenses, including expenses of a specified description, incurred for general county purposes or general London purposes or to expenditure on which the whole of the county or the whole of Greater London is chargeable shall be construed as references to general expenses of a county council or the Greater London Council, as the case may be;

(b) references to expenses, including expenses of a specified description, incurred for special county purposes or special London purposes or to expenditure on which a part only of the county or Greater London is chargeable shall be construed as references to special expenses of a county council or the Greater London Council, as the case may be; and

(c) references to receipts of a county council or the Greater London Council for general or special county purposes shall be construed as references to receipts of a county council or the Greater London Council in respect of general or, as the case may be, special expenses.

4 (1) Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies— E+W

(a) any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority;

(b) any reference to a specified officer of a county council shall be construed as a reference to the proper officer of a county council;

(c) any reference to a specified officer of a borough or of the council of a county district (whether referred to as such or as the council of a borough or urban or rural district) shall be construed as a reference to the proper officer of a district council;

(d) any reference to a specified officer of a rural parish (whether referred to as such or as a parish) shall be construed as a reference to the proper officer of a parish or community council, as the case may be.

(2) Sub-paragraph (1) above shall not apply in any case where the reference is to any officer of a specified local authority which ceases to exist by virtue of section 1 or 20 of this Act, and shall not apply to any reference in any enactment to an officer specified in section 112(4) above.

5 E+W In any enactment or instrument to which paragraph 1 above applies any reference to a representative body of a parish—

(a) as respects England, shall be construed as a reference to the parish trustees of the parish; and

(b) as respects Wales, shall be disregarded.

6 (1) This paragraph applies for the construction of any enactment passed before 22nd March 1967, and shall have effect subject to any contrary intention which may appear in any such enactment. E+W

(2) In any such enactment any reference to a parish shall—

(a) as respects those areas in England outside Greater London which immediately before 1st April 1974 constituted urban parishes, other than urban parishes in a rural district, be construed as a reference to each such area or, where the area is divided between more than one district, as a reference to each part of the area so divided; and

(b) in the case of the areas mentioned in paragraph 3 of Part IV of Schedule 1 to this Act, be construed as a reference to each such area.

(3) In any such enactment any reference to an urban parish shall, as respects those areas of England outside Greater London which immediately before 1st April 1974 constituted urban parishes, be construed as a reference to each such area or, where the area is divided between more than one district, as a reference to each part of the area so divided.

(4) In any such enactment any reference to a rural parish shall as respects the areas mentioned in paragraph 3 of Part IV of Schedule 1 to this Act be construed as a reference to each such area.

(5) In any such enactment any reference to an urban parish shall as respects Wales be construed as a reference to a community.

(6) As respects Greater London any reference to a parish or urban parish—

(a) in any such enactment relating to rating and valuation shall be construed as a reference to a rating district;

(b) in any other such enactment shall be construed as a reference to a rating area.

F173 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 29 para. 7 repealed by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 38(5), Sch. 6 Pt. IV (with saving in S.I. 1983/249, reg. 2)

8 E+W The foregoing provisions of this Schedule shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act.

Part II E+W+S Particular Modifications and Amendments

Allotments E+W

9 (1) As respects a parish in England those functions under the Allotments Acts 1908 to 1950 which, apart from this paragraph, would be exercisable both by the district council and the parish council or parish meeting shall not be exercisable by the district council.

X28 (2) In section 34 of the M81 Small Holdings and Allotments Act 1908, in subsection (1), for the words from “submit to the council” to the words “partly situate” there shall be substituted the words “ prepare and carry into effect ”.

X28 (3) In subsection (2) of that section, for the words from “no county council” to the words “being made” there shall be substituted the words “ Upon such a scheme being carried into effect ”.

X28 (4) In section 39(7) of that Act, for the word “county”, wherever occurring, there shall be substituted the word “ district ”.

X28 (5) In section 52(3) of that Act, after the word “county” there shall be inserted the words “ or district ”.

Editorial Information

X28 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M81 1908 c. 36.

X29 10 (1) In section 9(1) of the M82 Land Settlement (Facilities) Act 1919, for the word “county” there shall be substituted the word “ district ”.

(2) In section 12(1) and in section 17 of that Act, for the word “county” there shall be substituted the word “ district ”.

Editorial Information

X29 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M82 1919 c. 59.

11 In section 4 of the M83 Small Holdings and Allotments Act 1926, for,the word “county”, wherever occurring, there shall he substituted the word “ district ”.

Modifications etc. (not altering text)

C79 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M83 1926 c. 52.

Ancient monuments E+W

12 (1) In section 21(1) of the M84 Ancient Monuments Consolidation and Amendment Act 1913 after the word “and”, where it first occurs, there shall be inserted the words “ district and of every London ”.

(2) In the Schedule to the M85 Field Monuments Act 1972, in paragraph 3, for the words from “borough, including” onwards there shall be substituted the words “ district or London borough ”.

Modifications etc. (not altering text)

C80 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M84 1913 c. 32.

M85 1972 c. 43.

Betting and gaming E+W

13 (1) In paragraph 1(1)(a) of Schedule 2 to the M86 Betting, Gaming and Lotteries Act 1963 for the words “county, county borough or London borough” there shall be substituted the words “ district or London borough and the Common Council of the City of London ”.

(2) In Schedule 3 to that Act, in paragraphs 5(2)(a)(i) and 6(2)(b), for the words “county district” there shall be substituted the word “ county ”; . . . F174

Textual Amendments

F174 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C81 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M86 1963 c. 2.

Caravan sites E+W

X30 14 E+W In section 23 of the M87 Caravan Sites and Control of Development Act 1960 for the words “rural district council”, wherever occurring there shall be substituted the words “ district council ”.

Editorial Information

X30 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M87 1960 c. 62.

Celluloid and cinematograph film E+W

X31 15 E+W In section 9 of the M88 Celluloid & Cinematograph Film Act 1922, in the definition of “local authority” for the words following “means” there shall be substituted the words “ the council of a county or London borough or the Common Council of the City of London ”.

Editorial Information

X31 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M88 1922 c. 35.

Children and young persons E+W

16 In Schedule 2 to the M89 Children and Young Persons Act 1969, in paragraph 6, for the words “Part X of that Act” there shall be substituted the words “ Part VIII of the Local Government Act 1972 ” and for the words “section 219(c)” there shall be substituted the words “ section 154(1) ”.

Modifications etc. (not altering text)

C82 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M89 1969 c. 54.

Coast protection E+W

X32 17 (1) In section 20 of the M90 Coast Protection Act 1949,—

(a) in subsections (1) to (4), for the words “county district”, wherever occurring, there shall be substituted the words “ maritime district ”;

(b) in subsection (5), for the words “county borough” there shall be substituted the word “ district ”.

(2) In section 21(2) of that Act, for the words “the Seaford Urban District Council” there shall be substituted the words “ a district council. ”

Editorial Information

X32 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M90 1949 c. 74.

Consumer protection E+W

F175 18 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F176 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F175 Sch. 29 para. 18(1) repealed by Consumer Protection Act 1987 (c. 43, SIF 109), s. 48(3), Sch. 5

F176 Sch. 29 para. 18(2) repealed by Consumer Safety Act 1978 (c. 38), s. 10(1), Sch. 3

Explosives E+W

X33 19 E+W In section 67 of the M91 Explosives Act 1875 for paragraph (3) there,7. shall be substituted the following:—

“(3) Outside Greater London, the council of a county ; and”

and paragraph (5) of that section shall be omitted.

Editorial Information

X33 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M91 1875 c. 17.

Gas E+W

20 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

(2) Every application for a certificate under Schedule 3 to that Act with regard to planning permission for the carrying out of controlled operations shall, outside Greater London, be made to the district planning authority, but shall be dealt with by the local planning authority who would have dealt with an application for planning permission for the carrying out of those operations, and the district planning authority shall, as soon as may be after they have received any application for such a certificate which falls to be dealt with by the county planning authority, send the application to the latter.

Textual Amendments

F177 Sch. 29 para. 20(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Modifications etc. (not altering text)

C83 “Sch. 3 to that Act” means Sch. 3 to the Gas Act 1965 (c. 36)

F178 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178 Sch. 29 para. 21 repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 47(4), Sch. 8

House to house and street collections E+W

22 E+W In section 5 of the M92 Police, Factories, &c (Miscellaneous Provisions) Act 1916, in subsection (1) for the words “A police authority” there shall be substituted the words “Each of the authorities specified in subsection (IA) below” and for the words “the police” there shall be substituted the word “their”, and at the end of that subsection there shall be inserted the following subsection:—

“(1A) The authorities referred to in subsection (1) above are—

(a) the Common Council of the City of London,

(b) the police authority for the Metropolitan Police District, and

(c) the council of each district;

but any regulations made by a district council under that subsection shall not have effect with respect to any street or public place which is within the Metropolitan Police District as well as within the district.”

Modifications etc. (not altering text)

C84 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M92 1916 c. 13.

23 (1) In section 2 of the M93 House to House Collections Act 1939, in subsection (1), for the word “police”, in the first place where it occurs, there shall be substituted the word “licensing” and the word “police”, in the second place where it occurs, shall be omitted. E+W

(2) After that subsection there shall be inserted the following subsection:—

“(1A) In this section “licensing authority” means—

(a) in relation to the City of London, the Common Council;

(b) in relation to the Metropolitan Police District, the Commissioner of Police for the Metropolis ; and

(c) in relation to a district exclusive of any part thereof within the Metropolitan Police District, the district council.”

(3) In that section, in the proviso to subsection (2) and in subsections (3), (4) and (6), for the word “police”, wherever it occurs, there shall be substituted the word “licensing”.

(4) In section 4(2)(e) of that Act the word “police” shall be omitted.

(5) In section 9 of that Act, in subsection (2), for the words from “said Commissioner” to the end of the subsection there shall be substituted the words “Commissioner of Police for the Metropolis by virtue of his being a licensing authority within the meaning of section 2 of this Act”.

Modifications etc. (not altering text)

C85 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M93 1939 c. 44.

F179 24, 25. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179 Sch. 27 paras. 24, 25 repealed by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 117(3), Sch. 8

Land registration E+W

26 F180 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 120 of that Act, subsections (4) and (5) (which become unnecessary in view of section 67 of this Act) shall be omitted.

Textual Amendments

F180 Sch. 29 para. 26(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C86 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Licensing of Places of entertainment E+W

F181 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F181 Sch. 29 para. 27 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

X34 28 E+W At the end of section 25 of the M94 Mines and Quarries (Tips) Act 1969 there shall be added the following subsection—

“(6) Where, by virtue of Part VI of the Local Government Act 1972, a district council incurs any such expenditure as is referred to in subsection (1), grants under this section may be made to the district council and references to a local authority shall be construed accordingly.”

Editorial Information

X34 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M94 1969 c. 10.

F182 29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F182 Sch. 27 para. 29 repealed by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 13

Nurses agencies E+W

30 In section 2 of the M95 Nurses Agencies Act 1957, in subsection (1), for the words following “in relation to”, in the second place where they occur, there shall be substituted the words “a non-metropolitan county or London borough, the council of that county or borough, and in relation to a metropolitan district, the council of that district”.

Modifications etc. (not altering text)

C87 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M95 1957 c. 16.

Offices, shops and railway premises E+W

X35 31 E+W In section 88 of the M96 Offices, Shops and Railway Premises Act 1963, for the words “county borough” and the word “borough” there shall in each case be substituted the word “ district ”.

Editorial Information

X35 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M96 1963 c. 41.

Petroleum spirit E+W

X36 32 E+W In section 2(1)(c) of the M97 Petroleum (Consolidation) Act 1928 for the words “the district council” there shall be substituted the words “ the county council ”.

Editorial Information

X36 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M97 1928 c. 32.

Pharmacy and poisons E+W

33 In section 29 of the M98 Pharmacy and Poisons Act 1933, in the definition of “local authority” the words “and as respects a county borough the council of the borough” shall be omitted.

Modifications etc. (not altering text)

C88 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M98 1933 c. 25.

Plant health E+W

X37 34 E+W In section 5 of the M99 Plant Health Act 1967, for subsection (3) there shall be substituted the following subsection:—

“(3) The local authorities for the purposes of this Act shall be the councils of non-metropolitan counties, metropolitan districts and London boroughs and the Common Council of the City of London”.

Editorial Information

X37 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M99 1967 c. 8.

Police E+W+S

35 In section 18 of the M100 Police (Scotland) Act 1967, for the word “Cumberland”, wherever occurring, there shall be substituted the word “ Cumbria ”.

Modifications etc. (not altering text)

C89 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M100 1967 c. 77.

Post and telegraph offices E+W

36 In section 51 of the M101 Post Office Act 1953, in subsection (2) for the words “borough or urban district” there shall be substituted the words “London borough”, and the words “or district”, in both places where they occur, shall be omitted ; and in subsection (3) of that section the word “rural”, in each place where it occurs, the word “contributory”, in the first place where it occurs, and the words from “and any expenses” to the end of the subsection shall be omitted.

Modifications etc. (not altering text)

C90 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M101 1953 c. 36.

F183 37 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F183 Sch. 27 para. 37 repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 74(3), Sch. 17 Pt. II

Redistribution of seats E+W

38 In paragraph 4(1)(a) of Schedule 2 to the M102 House of Commons (Redistribution of Seats) Act 1949 sub-paragraphs (ii) and (iv) shall be omitted.

Modifications etc. (not altering text)

C91 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M102 1949 c. 66.

F184 39 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 Sch. 27 para. 39 repealed by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 39, Sch. 9

Registration services E+W

X38 40 E+W In section 57(4) of the M103 Marriage Act 1949, for the words following “the certified copy” there shall be substituted the words “and that sum shall be reimbursed to the superintendent registrar—

(a) in the case of a registration district in the City of London, the Inner Temple and the Middle Temple, by the Common Council of the City of London ;

(b) in any other case, by the council of the non-metropolitan county, metropolitan district or London borough in which his registration district is situated”.

Editorial Information

X38 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M103 1949 c. 76.

X39 41 (1) In sections 5(1), 10(1) and 13(1) of the M104 Registration Service Act 1953, for the words “county and county borough”, wherever occurring, there shall be substituted the words “ non-metropolitan county and metropolitan district ”.

(2) In sections 6(1) and (3), 7(3), 10(1) and (3), 13(2)(a) and (c) and (3)(b), 14(1), (2) and (5), 18(2), (4) and (5) and 21(1) of that Act, for the words “county or county borough” there shall be substituted the words “ non-metropolitan county or metropolitan district ”.

(3) In section 9(1) of that Act, for the words from “clerk of the county council” to the words “or county borough” there shall be substituted the words “ proper officer of the non-metropolitan county or metropolitan district ”.

(4) In sections 9(2) and 13(2)(h) and (3)(b) of that Act, for the words “clerk of the county council or town clerk of the county borough” there shall be substituted the words “ proper officer of the non-metropolitan county or metropolitan district ”.

(5) In section 20(b) of that Act, for the words “clerks of county councils, town clerks of county boroughs” there shall be substituted the words “ proper officers of non-metropolitan counties and metropolitan districts ”.

(6) In section 21(2)(b) of that Act, for the words “county borough” in both places where they occur, there shall be substituted the words “ metropolitan district ”.

Editorial Information

X39 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M104 1953 c. 37.

Riding establishments E+W

X40 42 E+W In section 6(4) of the M105 Riding Establishments Act 1964 in the definition of “local authority”, for the words “county borough” there shall be substituted the word “ district ” and the words from “as respects any non-county borough” to “of the county” shall be omitted.

Editorial Information

X40 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M105 1964 c. 70.

Shops E+W

43 In section 73 of the M106 Shops Act 1950, in subsection (1), for the words from “as respects any municipal borough” to the end of the subsection there shall be substituted the words— “ as respects any London borough, the council of the borough; and elsewhere, the council of the district ”.

Modifications etc. (not altering text)

C92 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M106 1950 c. 28.

Social services E+W

X41 44 (1) In sections 47(12) F185 . . . of the M107 National Assistance Act 1948, for the words “countv boroughs and county districts” there shall be substituted the words “ districts and London boroughs and the Common Council of the City of London ”.

(2) In section 1(5) of the M108 Trading Representations (Disabled Persons) Act 1958 for the words “county borough or count district or a metropolitan borough” there shall be substituted the words “ other than a metropolitan county, or of a district or London borough ”.

(3) In section 46(4) of the M109 London Government Act 1963 for the words “county borough” there shall be substituted the words “ London borough ”.

(4) In section 5(6) of the M110 Local Authority Social Services Act 1970, for the words “section 59 of the Local Government Act 1933” there shall be substituted the words “ section 80 of the Local Government Act 1972 ”.

Editorial Information

X41 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F185 Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Marginal Citations

M107 1948 c. 29.

M108 1958 c. 49.

M109 1963 c. 33.

M110 1970 c. 42.

War memorials E+W

45 Section 2 of the M111 War Memorials (Local Authorities’ Powers) Act 1923 (limit on expenditure on war memorials) shall cease to have effect.

Modifications etc. (not altering text)

C93 The text of Sch. 29 paras. 9(2)–19, 21–45 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M111 1923 c. 18.

F186 46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 27 para. 46 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

X42 SCHEDULE 30 E+W Repeals

Editorial Information

X42 The text of Sch. 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.