Local Government Act 1966

Section 38.

SCHEDULE 4 Minor Amendments of Enactments relating to Rating and Valuation Preparatory to Consolidation.

1 References to a rate—

(a) in section 4 of the [19 c. 1.] Poor Relief Act 1743 and in the [1801 c. 23.] Poor Rate Act 1801, shall be construed as references to that rate whether as originally made (in whatever form) or as it has been applied in relation to particular hereditaments ;

(b) in section 52 of the [1948 c. 26.] Local Government Act 1948, except in subsection (1)(c)(i) thereof, shall be construed as references to that rate as it has been applied as aforesaid,

and in subsection (3) of the said section 52 for the words " originally made " there shall be substituted the words " first applied in relation to the hereditament in question or, as the case may require, as first amended in respect of that hereditament under paragraph (c) of that subsection ".

2 Any reference in section 4 of the Poor Relief Act 1743 or in the Poor Rate Act 1801 to the giving of notice to the churchwardens or overseers shall, notwithstanding anything in the [S.R. & O. 1927/55.] Overseers Order 1927, be construed as a reference to the giving of notice to the rating authority; and—

(a) section 59 of the [1925 c. 90.] Rating and Valuation Act 1925 (which relates to the service of notices) shall apply to the service of notices required for the purposes of the said section 4 or of the said Act of 1801 as it applies to the service of notices required for the purposes of the said Act of 1925 ;

(b) without prejudice to the provisions of the [1849 c. 45.] Quarter Sessions Act 1849, the said section 4 from " but if" onwards and sections 4 and 5 of the said Act of 1801 shall cease to have effect.

3 In sections 4(c) and 5 of the [1874 c. 54.] Rating Act 1874, for the words " assessment committee " there shall be substituted the words " valuation officer ".

4 In section 6(1) of the Rating Act 1874, after the words " event of " there shall be inserted the word " such ".

5 Section 7 of the Rating Act 1874 (which relates to the valuation of tin, lead and copper mines) shall have effect as if for the words " the gross value of the mine shall be taken to be the annual amount of the whole of the dues payable in respect thereof during the year ending on the thirty-first day of December preceding the date at which the valuation list is made " there were substituted the words " the gross value of the mine for the purposes of any rate period shall be taken to be the annual amount of the whole of the dues payable in respect of the mine during the year ending with 31st December falling between three and fifteen months before the beginning of that rate period " ; and the valuation officer may estimate that annual amount for the purposes of the preparation of a new valuation list falling to be signed before the end of that year.

6 In section 2 of the [1925 c. 90.] Rating and Valuation Act 1925, subsections (1) and (5) shall apply to a rural rating area as they apply to an urban rating area, and accordingly the following enactments shall cease to have effect, that is to say—

(a) in the said subsection (1), the word " urban ";

(b) subsection (2) of the said section 2 ;

(c) subsection (8) of the said section 2 ;

(d) section 4(1) of the [1955 c. 9 (4 & 5 Eliz. 2.).] Rating and Valuation (Miscellaneous Provisions) Act 1955.

7 In section 4(6) of the Rating and Valuation Act 1925, at the end there shall be added the words " or to any precept ".

8 In section 9(3) of the Rating and Valuation Act 1925, for the words " at the commencement of this Act" there shall be substituted the words " immediately before the scheme is proposed to come into force " , and paragraph 5(4) of Schedule 15 to the [1963 c. 33.] London Government Act 1963 shall cease to have effect.

9 In section 13(2) of the Rating and Valuation Act 1925 after the word "under" there shall be inserted the words " subsection (1)(a)of ".

10 In the following enactments, that is to say:—

(a) section 7 of the [1874 c. 54.] Rating Act 1874 ;

(b) section 22(4) of the Rating and Valuation Act 1925 as added by section 5(3) of the Rating and Valuation (Miscellaneous Provisions) Act 1955 ;

(c) section 2(2) of the [1928 c. 44.] Rating and Valuation (Apportionment) Act 1928;

(d) section 72 of the [1929 c. 17.] Local Government Act 1929 ;

(e) sections 57(1), 86(1) and 91 of the [1948 c. 26.] Local Government Act 1948;

(f) section 6(6) of the said Act of 1955 ;

(g) sections 18(4) and 22(1) of the [1961 c. 45.] Rating and Valuation Act 1961 ;

(h) section 3(10) of the [1965 c. 36.] Gas Act 1965,

for the words " dwelling-house " or " dwelling-houses " wherever they occur there shall be substituted the word " dwelling " or, as the case may be, the word " dwellings " and in the said section 57(1) the words " or residence " shall be omitted.

11 Section 58 of the Rating and Valuation Act 1925 shall apply to rules making any provision required by section 9(4) of that Act to be made by rules as it applies to rules prescribing anything which by that Act is to be prescribed.

12 (1) In section 64 of the Rating and Valuation Act 1925 subsection (1) (so far as it relates to exemptions from or privileges in respect of rating) and subsection (2) shall cease to apply to any exemption or privilege conferred by a local Act or order passed or made before 22nd December 1925 unless the exemption or privilege either—

(a) is continued in operation by a scheme in force at the date of commencement of this Act under the said subsection (2) ; or

(b) is at the said date of commencement enjoyed in practice.

(2) The said subsection (2) and section 301(2) of the [1959 c. 25.] Highways Act 1959, so far as they apply paragraph 7 of Part III of Schedule 2 to the said Act of 1925, shall continue to have effect notwithstanding the repeal of the said Part III by the [1961 c. 45.] Rating and Valuation Act 1961.

(3) In the proviso to the said paragraph 7, for the words " any order so made shall, unless the objection is withdrawn " there shall be substituted the words " unless the objection is withdrawn, the order shall ".

13 Section 66 of the [1925 c. 90.] Rating and Valuation Act 1925 and sections 70(3) and 71(a) to (c) of the [1948 c. 26.] Local Government Act 1948 shall cease to have effect, but any order in force at the date of commencement of this Act under the said section 66 or 70(3), and any regulations in force at that date under the said section 71(a) to (c), shall continue in force in the like manner, subject to the like power of revocation or variation, as if the said section 66, 70(3) or 71(a) to (c), as the case may be, continued to have effect.

14 In section 43 of the Local Government Act 1948—

(a) after the word " effect " there shall be inserted the words " and be deemed always to have had effect ";

(b) for the word " object " there shall be substituted the words " make representations with respect ".

15 In section 47(3) of the Local Government Act 1948, for the words "in books " there shall be substituted the words " and shall either be kept in books provided for that purpose or be preserved in book form by means ".

16 In section 48(2)(a) of the Local Government Act 1948 for the words " either party " there shall be substituted the words " one or more parties to the appeal ".

17 In section 49(1) of the Local Government Act 1948 and in section 20(10) of the Rating and Valuation Act 1961, there shall be added at the end the words " and the valuation officer shall cause the valuation list to be altered accordingly ".

18 Sections 100(1), 102 and 110(b) of the Local Government Act 1948 and section 66(2) of the [1962 c. 46.] Transport Act 1962 shall have effect in relation to England and Wales as if for the words " local authorities " or " local authority " wherever those words occur there were substituted the words " rating authorities " or, as the case may be, " rating authority ".

19 In section 100(2) of the Local Government Act 1948, at the beginning there shall be inserted the words " Subject to section 88(2) of this Act ".

20 Section 3 of the [1955 c. 9 (4 & 5 Eliz. 2.).] Rating and Valuation (Miscellaneous Provisions) Act 1955 shall have effect as if the repeal made in subsection (1)(a) thereof by the [1963 c. 33.] London Government Act 1963 had not been made.

21 Section 14(3) of the [1958 c. 55.] Local Government Act 1958 shall have effect as if the reference therein to section 6(2) of the [1955 c. 9 (4 & 5 Eliz. 2.).] Rating and Valuation (Miscellaneous Provisions) Act 1955 included a reference to section 3(1) of the [1965 c. 36.] Gas Act 1965.

22 In section 12(5) of the [1961 c. 45.] Rating and Valuation Act 1961 after the words " exemption from " there shall be inserted the words " or abatement of ".

23 In section 15(1) of the Rating and Valuation Act 1961, for the words " limits respectively " there shall be substituted the word " limit ".

24 In section 16(5) of the Rating and Valuation Act 1961, for the word " therein " there shall be substituted the words " for which they were in force ".

25 In section 18(2)(d) of the Rating and Valuation Act 1961, the words " net annual" in the second place where those words occur shall be omitted.

26 In the Rating and Valuation Act 1961—

(a) at the beginning of section 22(5) there shall be added the words " Any provision of this Part of this Act relating to the apportionment of the cumulo-value of an undertaking among rating areas or parishes or with respect to any amount so apportioned shall have effect subject to the necessary modifications where, by reason of the fact that the undertaking does not extend beyond the boundaries of a single rating area or a single parish, provision for apportionment is inappropriate and ";

(b) in Schedule 3, paragraphs 1 to 4, in paragraph 5 the words from " in subsection (2) " to " and (6) ", and paragraph 6, shall be omitted.

27 Notwithstanding anything in article 2(1) of the [S.I. 1965/319.] Secretary of State for Wales and Minister of Land and Natural Resources Order 1965, the functions of the Minister of Housing and Local Government under the following enactments shall be exercisable by that Minister in relation to the whole of England and Wales and shall not be exercisable by the Secretary of State for Wales, that is to say—

(a) sections 24 and 58 of the [1925 c. 90.] Rating and Valuation Act 1925 ;

(b) sections 41(1)(c), 44(2), 94(2), 100 and 102 of the [1948 c. 26.] Local Government Act 1948 ;

(c) section 5(5) of and paragraph 12(3) of Schedule 3 to the Rating and Valuation (Miscellaneous Provisions) Act 1955 ;

(d) paragraph 24(1) of Schedule 8 to the Local Government Act 1958 ;

(e) section 23 of the Rating and Valuation Act 1961 ; and

(f) (for the avoidance of doubt by reason of its falling to be construed as one with Part V of the said Act of 1948) section 66 of the [1962 c. 46.] Transport Act 1962.

28 (1) Subject to any order under sub-paragraph (2) of this paragraph, in relation to the Isles of Scilly, references in the enactments relating to rating and valuation to a rating area or rating authority shall be construed as references respectively to those Isles and the Council of those Isles.

(2) The Minister may by order direct that the enactments aforesaid shall apply to the Isles of Scilly subject to such exceptions, adaptations and modifications, if any, as may be specified in the order.

(3) On the commencement of the first order made under sub-paragraph (2) of this paragraph the following provisions shall cease to have effect, that is to say—

(a) section 70(2) of the [1925 c. 90.] Rating and Valuation Act 1925 ;

(b) section 138(3) of the [1929 c. 17.] Local Government Act 1929 so far as it relates to the enactments aforesaid ;

(c) section 146 of the [1948 c. 26.] Local Government Act 1948, so far as it relates as aforesaid ;

(d) section 17(3) of the [1955 c. 9 (4 & 5 Eliz. 2.).] Rating and Valuation (Miscellaneous Provisions) Act 1955 ;

(e) section 39 of this Act, so far as it relates as aforesaid.

29 The following enactments shall cease to have effect, that is to say—

(a) section 9 of the [1601 c. 2.] Poor Relief Act 1601;

(b) the [1743 c. 37.] Land Drainage (Rating) Act 1743 ;

(c) section 14 of the [1743 c. 38.] Poor Relief Act 1743 ;

(d) section 8 of the [1801 c. 23.] Poor Rate Act 1801 from " and all and every " onwards ;

(e) section 1 of the [1839 c. 84.] Poor Rate Act 1839 and, in section 193(7) of the [1933 c. 51.] Local Government Act 1933, the words " of the Poor Rate Act 1839 or" ;

(f) section 33 of the [1860 c. 112.] Defence Act 1860 ;

(g) section 12 of the [1865 c. 87.] Post Office Extension Act 1865 ;

(h) section 22 of the [1868 c. 110.] Telegraph Act 1868 ;

(i) the [1868 c. 112.] Poor Law Amendment Act 1868 ;

(j) section 7 of the [1869 c. 41.] Poor Rate Assessment and Collection Act 1869 and, in section 11(7) of the Rating and Valuation Act 1925, the word " seven " ;

(k) section 19 of the Poor Rate Assessment and Collection Act 1869, section 14 of the [1878 c. 26.] Parliamentary and Municipal Registration Act 1878 and, in section 11(7) of the Rating and Valuation Act 1925, the words " and nineteen " ;

(l) section 11 of the [1872 c. 68.] Military Forces Localization Act 1872 ;

(m) the [1879 c. 10.] Assessed Rates Act 1879 ;

(n) the [1879 c. 54.] Poor Law Act 1879 ;

(o) section 10 of the [1885 c. 45.] Post Office (Sites) Act 1885 ;

(p) section 70(1) of the [1921 c. 55.] Railways Act 1921.