SCHEDULES
C1SCHEDULE 1 Counties and Metropolitan Districts in England
Part III 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 M1Local 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.
3
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
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
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
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
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
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
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
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
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
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 Divided Parishes
1
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.
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
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
Paragraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.
Part V 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—
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.
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
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
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.
SCHEDULE 2 Constitution and Membership of Greater London Council and London Borough Councils
Part I
Constitution
1
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Chairman and mayor
2
1
The F2. . . mayor of a London borough shall be elected annually by the council from among the councillors.
2
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
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.
Election of chairman and mayor
3
1
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.
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power of mayor of London borough to appoint deputy
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).
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.
F15 Modifications of preceding provisions
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)
F55A
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.
F65B
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.
F8F75C
C1091
The council shall consist of an elected mayor, a chairman and councillors.
2
A reference in this Act to a member of the council is a reference to—
a
the chairman of the council,
b
a councillor of the council, or
c
the elected mayor of the council.
F95D
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”.
F105E
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.
F115F
Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.
F125G
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.
F135H
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.”
F145I
Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.
Term of office and retirement of councillors
C26
1
F182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The ordinary election of London borough councillors shall take place in 1974 and F19every fourth year thereafter, their term of office shall be F19four years and they shall retire together in every F19such 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.
F204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Electoral divisions and wards
7
1
Subject to the following provisions of this paragraph, for the purposes of the election of councillors—
F21a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under F22Part II of the Local Government Act 1992F23or Part 1 of the Local Government and Public Involvement in Health Act 2007F24or section 59 of the Local Democracy, Economic Development and Construction Act 2009;
and there shall be a separate election for each F21. . . ward.
2
Until provision is made as mentioned in sub-paragraph (1)(b) above by an F25order referred to in sub-paragraph (1)(b) above , 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.
F263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F278
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
F289–14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Establishment of New Authorities in England
Division of non-metropolitan counties into districts
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.
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
2
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
First elections and meetings of new councils
5
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parish councillors
10
1
Until provision is made to the contrary under Part I F36of this Act, Part II of the Local Government Act 1992 or F37Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009—
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 F36of this Act, Part II of the Local Government Act 1992 or F39Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009, 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 F36of this Act, Part II of the Local Government Act 1992 or F40Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009.
Qualification for membership of local authority
11
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension of elections
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 F42. . . .
2
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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
15
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
18
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.
SCHEDULE 4 Local Government Areas in Wales
F54PART I Counties
Sch. 4 Pt. I substituted (5.7.1994) by 1994 c. 19, ss. 1(2), 66(2)(b), Sch. 1 para. 1 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Name | Area |
|---|---|
Anglesey Sir Fôn | The district of Ynys Môn Isle of Anglesey. |
Caernarfonshire and Merionethshire Sir Gaernarfon a Meirionnydd | The districts of Arfon, Dwyfor, and Meirionnydd. |
Cardiff Caerdydd | The district of Cardiff, together with (from the district of Taff-Ely) the community of Pentyrch. |
Cardiganshire Sir Aberteifi | The district of Ceredigion. |
Carmarthenshire Sir Gaerfyrddin | The districts of Carmarthen, Llanelli and Dinefwr. |
Denbighshire Sir Ddinbych | The district of Rhuddlan, together with (from the district of Glyndwjr) the communities of Aberwheeler, Cynwyd, Llandrillo, Henllan, Denbigh, Llandyrnog, Llangynhafal, Llanynys, Llanrhaeadr-yng-Nghinmeirch, Nantglyn, Cyffylliog, Ruthin, Llanbedr Dyffryn Clwyd, Llanferres, Clocaenog, Efenechtyd, Llandegla, Llanfair Dyffryn Clwyd, Llanarmon-yn-Iajl, Llanelidan, Derwen, Betws Gwerfil Goch, Gwyddelwern, Bryneglwys, Corwen, Llantysilio, Llangollen and Llangollen Rural with (from the district of Colwyn) the communities of Trefnant and Cefnmeiriadog. |
Flintshire Sir y Fflint | The districts of Alyn and Deeside and Delyn. |
Monmouthshire Sir Fynwy | The district of Monmouth together with (from the district of Blaenau Gwent) the community of Llanelly. |
Pembrokeshire Sir Benfro | The districts of Preseli Pembrokeshire and South Pembrokeshire, together with Caldey Island and St Margaret’s Island. |
Powys Powys | The districts of Montgomeryshire, Radnorshire and Brecknock, together with (from the district of Glyndwjr) the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn. |
Swansea Abertawe | The district of Swansea, together with (from the district of Lliw Valley) the communities of Gowerton, Llwchwr, Gorseinon, Grovesend, Pontardulais, Mawr, Pont-Lliw, Penllergaer, Llangyfelach and Clydach. |
F55PART II County Boroughs
Sch. 4 Pt. II substituted (5.7.1994) by 1994 c. 19, ss. 1(2), 66(2)(b), Sch. 1 para. 2 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Name | Area |
|---|---|
Aberconwy and Colwyn Aberconwy a Cholwyn | The districts of Aberconwy and Colwyn, but excluding (from the district of Colwyn) the communities of Cefnmeiriadog and Trefnant. |
Blaenau Gwent Blaenau Gwent | The district of Blaenau Gwent (excluding the community of Llanelly). |
Bridgend Pen-y-bont ar Ogwr | The district of Ogwr, but excluding the communities of Wick, St Bride’s Major and Ewenny. |
Caerphilly Caerffili | The districts of Islwyn and Rhymney Valley. |
Merthyr Tydfil Merthyr Tudful | The district of Merthyr Tydfil. |
Neath and Port Talbot Castell-nedd a Phort Talbot | The districts of Neath and Port Talbot, together with (from the district of Lliw Valley) the communities of Pontardawe, Gwaun-Cae-Gurwen, Cwmllynfell, Ystalyfera and Cilybebyll. |
Newport Casnewydd | The district of Newport. |
Rhondda, Cynon, Taff Rhondda, Cynon, Taf | The districts of Rhondda, Cynon Valley, and Taff-Ely, but excluding (from the district of Taff-Ely) the community of Pentyrch. |
Torfaen Tor-faen | The district of Torfaen. |
The Vale of Glamorgan Bro Morgannwg | The district of Vale of Glamorgan, together with (from the district of Ogwr) the communities of Wick, St Bride’s Major and Ewenny. |
Wrexham Wrecsam | The district of Wrexham Maelor, together with (from the district of Glyndwjr) the communities of Chirk, Glyntraian, Llansantffraid Glyn Ceiriog, and Ceiriog Ucha. |
F56PART III The Preserved Counties And Their Areas
Sch. 4 Pt. III substituted (5.7.1994) by 1994 c. 19, ss. 1(2), 66(2)(b), Sch. 1 para. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Name | Area |
|---|---|
Clwyd | The county of Clwyd, but excluding the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn. |
Dyfed | The county of Dyfed. |
Gwent | The county of Gwent. |
Gwynedd | The county of Gwynedd. |
Mid Glamorgan Morgannwg Ganol | The county of Mid Glamorgan, but excluding the communities of Wick, St Bride’s Major, Ewenny and Pentyrch. |
Powys | The county of Powys with the addition of the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn from the county of Clwyd. |
South Glamorgan De Morgannwg | The county of South Glamorgan with the addition of the communities of Wick, St Bride’s Major, Ewenny and Pentyrch from the county of Mid Glamorgan. |
West Glamorgan Gorllewin Morgannwg. | The county of West Glamorgan. |
F57Part IV
Sch. 4 Pt. IV repealed (1.10.1995) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 58, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 5(1), Sch. 3
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 M88Local 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.
F76Schedule 5 Establishment of New Principal Councils
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
F59Election of councillors
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
F581
The elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.
F61Electoral divisions
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
F602
1
For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) 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 division.
3
There shall be a separate election of councillors for each electoral division.
4
An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.
F63First elections of new councils
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
3
F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Declarations of acceptance of office
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
4
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69First meetings of new principal councils
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
5
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F71Qualification for membership
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
8
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73Suspension of elections
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
9
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F75Appropriate transition committee
Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
10
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualification for membership of local authority
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
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
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
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.
F77SCHEDULE 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 6 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II
F78SCHEDULE 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 7 repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29(2), Sch. 4 Pt. II; S.I. 1992/2371, art.2
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
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
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.
SCHEDULE 8 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.
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
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 two 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
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, F79 and
c
the remuneration and any expenses paid to the secretary and other officers and servants of the Commission. F80. . .
F81d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
together with the fees and allowances paid to persons appointed under paragraph 3 above, shall be defrayed out of moneys provided by F82the National Assembly for Wales.
Proof of documents
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.
F83SCHEDULE 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 9 repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29(2), Sch. 4 Pt.II; S.I. 1992/2371, art. 2
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).
F84SCHEDULE 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 10 (paras. 1-15) repealed (1.10.1995) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 60, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 5, Sch. 3
Special community reviews
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.
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
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
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.
C4SCHEDULE 11 Rules to be Observed in Considering Electoral Arrangements
Sch. 11 applied (6.3.1992) by Local Government Act 1992 (c. 19), s. 27(2)
Counties
1
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88Welsh counties and county boroughs
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))
F86C31A
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.
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.
F872
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Districts and London boroughs
3
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parishes and communities
4
1
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.
F935
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C50C51C52C53 SCHEDULE 12 Meetings and Proceedings of Local Authorities
Sch. 12 modified (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 6
Sch. 12 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 86(9)
Sch. 12 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 2(4)
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)
C14C15C107 Part I Principal Councils
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.
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.
Sch. 12 Pt. I applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C51
1
A principal council shall in every year hold an annual meeting.
2
The annual meeting of a principal council F94. . . 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;
F95aa
in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
C6b
in any other year, on such day in the month of March, April or May as the council may fix.
F963
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C72
1
A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.
2
Those other meetings shall be held at such hour and on such days as the council may determine.
C83
1
An extraordinary meeting of a principal council may be called at any time by the chairman of the council.
2
If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed F97. . . 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 F97. . . 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.
C94
1
Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.
C10C112
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.
F984A
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.
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.
C125
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
F99. . ., the vice-chairman of the council, if present, shall preside;
F100b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in the case of a London borough council, the deputy mayor, if at that time he remains a councillor F101. . . 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 F102. . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;
F103b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F1044
A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.
F1045
Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive F105. . . . ”
C136
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.
F120Part IA Joint Authorities and Inner London Education Authority
Sch. 12 Pt. IA inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 35(2)
C16C17F1066A
C181
Paragraph 1 above applies to a joint authority F107, an economic prosperity board, a combined authorityF108or a police authority established under F109section 3 of the Police Act 1996F110or the Metropolitan Police 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.
F1112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C196B
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
F113b
in the case of a police authority established under F115section 3 of the Police Act 1996F116and the Metropolitan Police Authority,F117. . . sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority F118the following person shall preside—
i
in a case in which only one vice-chairman is present at the meeting, that vice-chairman;
ii
in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and
iii
in any other case, the member chosen by the members present;. . .
c
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Parish Councils
7
1
A parish council shall in every year hold an annual meeting.
C202
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.
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.
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.
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.
C21C2210
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 F121premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) 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.
11
1
At a meeting of a parish council the chairman of the council, if present, shall preside.
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
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
C231
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.
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 III Parish Meetings
14
C241
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 F122premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.
15
1
A parish meeting may be convened by—
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
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.
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.
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 F123section 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.
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.
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.
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.
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
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 Community Councils
23
1
A community council shall in every year hold an annual meeting.
C252
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.
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.
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.
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 F124premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) 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.
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
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.
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 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.
F1252
Except in a case falling within sub-paragraph (3) below, public notice of any community meeting shall be given not less than 7 clear days before the meeting.
3
Where any business proposed to be transacted at a community meeting relates to any of the matters mentioned in section 29B(4) of this Act, public notice of the meeting shall be given not less than 30 clear days before the meeting.
3A
The notice required by sub-paragraph (2) or (3) above shall—
a
specify the time and place of the intended meeting;
b
specify the business to be transacted at the meeting; and
c
be signed by the person or persons convening the meeting.
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
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 F126premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) , 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.
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.
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 M2Representation 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.
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 F127principal area 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
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.
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
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.
C46C47C48C49C110Part VI Provisions Relating to Local Authorities Generally
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.
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.
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)
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
Sch. 12 Pt. VI applied (with modifications) (E.) (24.3.2011) by virtue of The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C26C27C28C10639
C291
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.
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.
C30C31C32C10640
The names of the members present at a meeting of a local authority shall be recorded.
C33C34C35C10641
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 F128suitable 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 F128suitable 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.
F1294
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.
C36C37C38C10642
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.
C39C40C41C10643
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.
C42C4344
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.
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.
45
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.
C44C45F13046
In this Part of this Schedule “local authority” includes a joint authority F131and a police authority established under F132section 3 of the Police Act 1996F133and the Metropolitan Police Authority. . . F134. . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.
C93C94F307SCHEDULE 12AACCESS TO INFORMATION: EXEMPT INFORMATION
Sch. 12A substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 4, Sch.
Sch. 12A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9
Sch. 12A applied (with modifications) (8.5.2008) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8(6)
C75PART 1DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))
C54C55C56C1081
Information relating to any individual.
C57C58C59C1082
Information which is likely to reveal the identity of an individual.
C60C61C62C1083
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
C63C64C65C1084
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.
C66C67C68C1085
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
C69C70C71C1086
Information which reveals 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.
C72C73C74C1087
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
C85PART 2QUALIFICATIONS: ENGLAND
Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))
C76C77C78C1088
Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—
b
the Friendly Societies Act 1974 M3;
c
the Friendly Societies Act 1992 M4;
d
the Industrial and Provident Societies Acts 1965 to 1978 F137;
e
the Building Societies Act 1986 M5; or
f
the Charities Act 1993 F138.
C79C80C81C1089
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M6.
C82C83C84C10810
Information which—
a
falls within any of paragraphs 1 to 7 above; and
b
is not prevented from being exempt by virtue of paragraph 8 or 9 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
C89PART 3INTERPRETATION: ENGLAND
Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))
C86C87C88C10811
1
In Parts 1 and 2 and this Part of this Schedule—
“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 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M7(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;
- a
“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;
“registered” in relation to information required to be registered under the Building Societies Act 1986 M8, means recorded in the public file of any building society (within the meaning of that Act).
2
Any reference in Parts 1 and 2 and this Part of 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.
C90F143 PART 4 DESCRIPTIONS OF EXEMPT INFORMATION: WALES
Sch. 12A Pts. 4-6 substituted (W.) (21.4.2007) by The Local Government (Access to Information) (Variation) (Wales) Order 2007 (S.I. 2007/969), art. 3, Sch.
Sch. 12A Pts. 4-6 applied (with modifications) (W.) (21.4.2007) by The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) and the Standards Committees (Wales) (Amendment) Regulations 2007 (S.I. 2007/951), reg. 4
12
Information relating to a particular individual.
13
Information which is likely to reveal the identity of an individual.
14
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
15
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.
16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
17
Information which reveals 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.
18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
C91F144 PART 5 QUALIFICATIONS: WALES
Sch. 12A Pts. 4-6 substituted (W.) (21.4.2007) by The Local Government (Access to Information) (Variation) (Wales) Order 2007 (S.I. 2007/969), art. 3, Sch.
Sch. 12A Pts. 4-6 applied (with modifications) (W.) (21.4.2007) by The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) and the Standards Committees (Wales) (Amendment) Regulations 2007 (S.I. 2007/951), reg. 4
19
Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —
b
the Friendly Societies Act 1974 M9;
c
the Friendly Societies Act 1992 M10;
d
the Industrial and Provident Societies Acts 1965 to 1978 F141;
e
the Building Societies Act 1986 M11; or
f
the Charities Act 1993 F142.
20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M12.
21
Information which —
a
falls within any of paragraphs 12 to 15, 17 and 18 above; and
b
is not prevented from being exempt by virtue of paragraph 19 or 20 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
C92F145 PART 6 INTERPRETATION: WALES
Sch. 12A Pts. 4-6 substituted (W.) (21.4.2007) by The Local Government (Access to Information) (Variation) (Wales) Order 2007 (S.I. 2007/969), art. 3, Sch.
Sch. 12A Pts. 4-6 applied (with modifications) (W.) (21.4.2007) by The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) and the Standards Committees (Wales) (Amendment) Regulations 2007 (S.I. 2007/951), reg. 4
22
1
In Parts 4 and 5 and this Part of this Schedule —
“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 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M13 (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;
- a
“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;
“registered” in relation to information required to be registered under the Building Societies Act 1986 M14, means recorded in the public file of any building society (within the meaning of that Act).
2
Any reference in Parts 4 and 5 and this Part of 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.
F308SCHEDULE 12BAppropriate sum under section 137(4)
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
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
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 F146Statistics Board .
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 F147the Board .
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
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
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
An order under paragraph 4 above may make different provision in relation to local authorities of different descriptions.
7
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.
SCHEDULE 13 Loans and Other Financial Provisions
Part I
F1481–22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Amendments with Respect to Finance and Rating
F14923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rural Water Supplies and Sewerage Act 1944
24 F150
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parish Councils Act 1957
25 F151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15226
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M16General Rate Act 1967
28
1
The M15General Rate Act 1967 shall be amended in accordance with the following provisions of this paragraph.
X12
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
”
.
X13
In section 38(4), for the word “counties” there shall be substituted the words “
non-metropolitan counties and metropolitan districts
”
.
X14
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.
X15
In section 112, the words “or urban district”, “or district” and “rural” shall cease to have effect.
X16
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
29
1
Sections 88, 89 and 91 of the said Act of 1967 shall have effect subject to the following provisions of this paragraph.
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.
SCHEDULE 14 Amendment and Modification of Public Health Acts, Etc.
Part I The M18Public Health Act 1936
X21
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.
2
Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.
3
F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1585–7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1598
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X39
1
For sections 87(1) and (2) there shall be substituted the following subsections:—
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
”
.
F16010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
The powers conferred by Part VIII on local authorities within the meaning of the M17Public 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.
19
F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
Any reference in section 278 to a local authority shall include a reference to a county council F167. . ..
21
F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X422
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.
”
.
Part II Other Enactments
Public Health Acts 1875 to 1925
23
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
b
section 171(4) of the said Act of 1875;
F169c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
sections 17 to 19 and 76 of the M22Public 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.
C9525
1
Subject to F171sub-paragraph (2) 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 M23Public Health Act 1875;
F172b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
section 76 of the M25Public 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
F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
b
F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
26
The following enactments shall not extend to Greater London, that is to say—
a
sections 160 and 171 of the M26Public Health Act 1875;
F177b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
d
sections 17 to 19, 75 and 76 of the M29Public Health Act 1925.
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.
2
This paragraph applies to the following enactments, that is to say—
a
section 164 of the M30Public Health Act 1875;
b
section 44 of the M31Public Health Acts Amendment Act 1890;
28
A district council F178or, where they are not the highway authority, the council of a Welsh principal area shall not without the consent of the highway authority—
a
provide a clock under section 165 of the M34Public Health Act 1875 in a case where it overhangs a highway; or
29
A highway authority who are not a local authority within the meaning of the M37Public 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.
30
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 M38London Government Act 1963, be construed as a reference to the Greater London Council alone.
31
A local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M39Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.
32
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
F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M40Parish Councils Act 1957
X534
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
”
.
The M41Public Health Act 1961
35
F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
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.
F18238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40
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.
F18341
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42
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.
F18443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M42 The Local Government Act 1966
44
F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18848
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M43 The Deposit of Poisonous Waste Act 1972
X649
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
F189F189SCHEDULE 15
Sch. 15 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
M89 The Public Health Act 1936
F3101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1012
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.
M90 The Water Act 1945
C1023
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
”
.
C1034
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.
SCHEDULE 16 Functions Under, and Amendment and Modification of, Enactments Relating to Town and Country Planning
Part IM44Town and Country Planning Act 1971
Structure and local plans
F1901–3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1914–47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19248
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19349–53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Other Enactments
F19454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M47Land Compensation Act 1961
55
1
F195In England, elsewhere than in Greater London F196, 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 M45Land 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.
F1972
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F198would 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 F198would 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 M46Land 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 F199paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990.
F20056
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
F20258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 17 Functions with Respect to National Parks and the Countryside
F203Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 17 Pt. I repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
Planning Boards and National Park Committees
1
If immediately before the 1st April 1974 there is an existing joint planning board constituted by an order under section 1 of the M91Town 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 F311section 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.
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 F312in England and comprised in two or more new counties may confer on the board, in addition to the functions of a county planning authority under F313the 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.
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 F314section 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.
F3353A
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 M92Town 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.
F3363B
A board reconstituted under paragraph 3 above or constituted under paragraph 3A above shall be known as “a special planning board”.
4
The Secretary of State may by an order under paragraph F315 1, 3 or 3A above, or by an order under the said F316section 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.
F3175
For every National Park for which there is no joint planning board or special planning board the council or councils of the F318planning 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.
6
The functions of a council or councils excepted from the requirement imposed by paragraph 5 above are—
a
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F321
c
their functions under Part III and, so far as relating to planning control under Part III, F322Part 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.
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 F323the 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.
8
The National Park Committee for a Park comprised in two or more F324planning areas shall be appointed by the council of such of F325those 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.
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 F326(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”.
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.
F327C10412A
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 F328councils 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.
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 F329county 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 F329county or metropolitan district council by virtue of paragraph 5 for the discharge of any functions by a National Park Committee.
14
In the case of a National Park Committee for a National Park wholly comprised in F330one planning area the members of the Committee shall (F331subject to paragraphs 11 and 12A above) be appointed by, and the majority of those members shall be members of, the council of F332the area, and in the case of a National Park Committee for a National Park comprised in F333two or more planning areas the members of the Committee shall (subject as aforesaid) be appointed by such of the councils of F333those 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 F334county 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.
National Park Officer
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 F337section 2 of the Town and Country Planning Act 1990 or this Part of this Schedule.
16
A National Park Officer appointed by a National Park Committee shall be an officer of F338the 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.
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
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
20
The functions to which this Part of this Schedule applies are all functions of a county council F339 , county borough council or district council as local planning authority under the 1949 Act, the 1968 Act F340and 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.
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.
F341C10521A
In this Part of this Schedule “planning area” means a metropolitan district or a non-metropolitan county F342but, in relation to Wales, means a county or county borough.
Construction of References to the Countryside Commission
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 Survey of Public Paths, Etc.
F20422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
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
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
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
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.
F20528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
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
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
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
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
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 Miscellaneous Modifications of 1949 and 1968 Acts
Establishment of nature reserves by local authorities
34
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
F20635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35A
F343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
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).
C9637
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 F207in England 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.
Miscellaneous
X738
Section 89(2A) of the 1949 Act (treatment of derelict land) shall cease to have effect.
X839
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.
40
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
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.
F210SCHEDULE 18 AMENDMENTS OF M48TOWN DEVELOPMENT ACT 1952
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
F2081
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X92
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”.
X103
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”.
X114
In section 8(1), F209. . . in paragraph (c) for the words “county borough” in each place where they occur, there shall be substituted the word “district”.
X125
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”.
X136
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”.
SCHEDULE 19 AMENDMENTS OF ENACTMENTS RELATING TO ROAD TRAFFIC AND ABANDONED VEHICLES
PART IM49THE ROAD TRAFFIC ACT 1972
X141
In section 31(7), for the words “county borough or county district” there shall be substituted the word “
county
”
.
X152
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
”
.
X163
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.
X174
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
”
.
X185
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
”
.
X196
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.
PART II
F2117–32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART III
F21233–36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213SCHEDULE 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 20 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
SCHEDULE 21 AMENDMENTS OF ENACTMENTS RELATING TO HIGHWAYS
PART I
F2141–95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART II OTHER ENACTMENTS
F21596
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2097
At the end of section 57(3) of the M50National 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
”
.
F21698
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21799
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F218SCHEDULE 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 22 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I
X21SCHEDULE 23 AMENDMENTS OF ENACTMENTS CONFERRING SOCIAL SERVICES FUNCTIONS
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.
F2191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
1
In section 21 of the M51National 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) . . . F220 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, F221in 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) F221of 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
”
.
F2227
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.
F2238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2249
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
F22512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F2263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2274
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
1
In section 3 of the M52Disabled 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
”
.
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.
F2297
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2308
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F2311
2
F2343
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2354
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
F2411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
16
In section 70(1) of the M54Children 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
”
.
SCHEDULE 24 Amendments of M55Transport Act 1968, Part II
Part I Amendments of General Application
1
F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X222
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.
F2433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X234
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.
X245
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
X256
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
”
.
X267
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
”
.
8
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
F2449–17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 25 Amendments of Licensing Enactments
Part I Amendments of M56Licensing Act 1964
1
F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
F25410–12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 26 Cemeteries and Crematoria
Discharge of functions of burial authorities
1
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
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 M57Public 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.
3
Section 6 of the M58Public 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 M59Cremation Acts 1902 M60 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.
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
F256aa
where those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that principal area;
b
in any other case, by the Secretary of State.
5
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
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 F257or Welsh principal council, the committee may represent the case to the council of the district F258or Welsh principal area 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 F259or Welsh principal 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 F260or (as the case may be) principal area.
9
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
10
Sections 15 F261. . . of the M61Public 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.
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 F262. . . 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.
F2631A
Subject to the provisions of any order made under section 214(3) above, a Welsh principal council may make byelaws with respect to the management of any cemetery provided by them and a community council may adopt for any cemetery provided by them any byelaws made under this paragraph by the principal council and duly confirmed.
2
The confirming authority in relation to byelaws made under this paragraph shall be the Secretary of State.
F26412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Until the first order under section 214(3) above takes effect, the M62Cemeteries 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.
Saving, amendments and modifications of enactments
15
Section 214(1) above shall not affect the power to make an Order in Council under section 1 of the M63Burial Act 1853 or section 2 of the M64Burial 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 M65Burial 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.
X2716
In section 1 of the M66 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
”
.
17
In Part III of Schedule 5 to the M67Public 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.
F26518–23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C9724
It shall not be necessary for the Secretary of State to approve any table of fees as required by section 9 of the M68Cremation 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.
25
SCHEDULE 27
F2671
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2682–4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2695–10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27011
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27112–15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27418
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27519
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F276F276SCHEDULE 28
Sch. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}
F276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309SCHEDULE 28AAmendment of laws relating to freedoms of cities and towns
Sch. 28A inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(3), 148(1)(d)
Introductory
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.
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;
- a
“enactment” includes in particular—
- a
a royal charter or other instrument made under the royal prerogative;
- b
any instrument made under an enactment.
- a
Powers to amend law in respect of women and civil partners
2
1
The purposes of this paragraph are—
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
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—
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
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.
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
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—
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—
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
7
1
For the purposes of this Schedule, a “qualifying resolution” is a resolution—
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.
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—
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
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;
- i
- b
in relation to a city or town in Wales, the principal council in whose area the city or town is situated.
- a
Order-making powers: supplementary
11
1
A statutory instrument containing an order under this Schedule which contains an amendment to a public general Act is subject to annulment—
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.
SCHEDULE 29 Adaptation, Modification and Amendment of Enactments
Part I 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.
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
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
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—
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
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.
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.
F2777
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
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 IIParticular Modifications and Amendments
Allotments
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.
X282
In section 34 of the M70Small 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
”
.
X283
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
”
.
X284
In section 39(7) of that Act, for the word “county”, wherever occurring, there shall be substituted the word “
district
”
.
5
F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2910
1
F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In section 12(1) and in section 17 of that Act, for the word “county” there shall be substituted the word “
district
”
.
11
F280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancient monuments
12
F281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Betting and gaming
13
F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Caravan sites
X3014
In section 23 of the M71Caravan Sites and Control of Development Act 1960 for the words “rural district council”, wherever occurring there shall be substituted the words “
district council
”
.
Celluloid and cinematograph film
X3115
In section 9 of the M72Celluloid & 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
”
.
Children and young persons
16
F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coast protection
X3217
1
In section 20 of the M73Coast 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
F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consumer protection
F28518
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Explosives
X3319
In section 67 of the M74Explosives 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.
Gas
20
F2871
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C982
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.
F2883
Sub-paragraph (2) above does not apply in relation to Wales.
F28921
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House to house and street collections
C9922
In section 5 of the M75Police, 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.
C10023
1
In section 2 of the M76House 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.
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”.
F29024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land registration
26
F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licensing of Places of entertainment
F29227
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X3428
At the end of section 25 of the M77Mines 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.
F29329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nurses agencies
F294X3530
In section 2 of the M78Nurses 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
”
.
Offices, shops and railway premises
X3631
In section 88 of the M79Offices, 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
”
.
Petroleum spirit
X3732
In section 2(1)(c) of the M80Petroleum (Consolidation) Act 1928 for the words “the district council” there shall be substituted the words “
the county council
”
.
Pharmacy and poisons
F29533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plant health
X3834
In section 5 of the M81Plant 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
Police
35
F296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Post and telegraph offices
F29736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Redistribution of seats
F29938
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30039
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration services
X3940
In section 57(4) of the M82Marriage 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
X4041
1
In sections 5(1), 10(1) and 13(1) of the M83Registration 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
F301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
Riding establishments
X4142
In section 6(4) of the M84Riding 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.
Shops
F30243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social services
X4244
1
2
F304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 46(4) of the M86London Government Act 1963 for the words “county borough” there shall be substituted the words “
London borough
”
.
4
In section 5(6) of the M87Local 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
”
.
War memorials
45
F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X43SCHEDULE 30 Repeals
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.
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