Local Government Act 1972

[F1 67 Consequential and transitional arrangements relating to Part IV. E+W

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to—

(a) the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b) the functions or areas of jurisdiction of any public body, [F2 justice of the peace other than a District Judge (Magistrates’ Courts),] coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) [F3 , and the functions of any District Judge (Magistrates’ Courts),]within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;

(c) the transfer of legal proceedings;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;

(b) the constitution [F4 , election and membership] of public bodies in any area affected by the order;

[F5 (c) the total number of councillors, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas and the first election of councillors for any new or altered electoral area;]

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e) without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;

F6 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

[F7 (5A) Without prejudice to subsection (5), an order under section 58 which makes provision altering any police areas may make provision as to who is to be a police and crime commissioner, including—

(a) provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

(5B) Such an order which includes provision within subsection (5A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.]

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 67 repealed (W.) (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), s. 75(2)(d), Sch. 2

F2 Words in s. 67(2)(b) substituted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 20(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F3 Words in s. 67(2)(b) inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 20(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F4 Words in s. 67(5)(b) substituted (1.4.1995) by 1994 c. 29, s. 40(5); S.I. 1994/3262, art. 4(1), Sch.

F5 S. 67(5)(c) substituted by S.I. 1977/1710, art. 3(a)

F6 S. 67(5)(f) repealed (1.4.1996) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 15, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 S. 67(5A)(5B) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 2; S.I. 2012/1129, art. 2(g)

F8 S. 67(6) (inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 Pt. II para. 2(5)) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I