Local Government Act 1972

273 Commencement. E+W

(1) The provisions of this Act to which this subsection applies shall, except so far as brought into force earlier by an order under subsection (2) below, come into force on 1st April 1974.

(2) The Secretary of State may by order appoint an earlier date for the coming into force of any provision to which subsection (1) above applies and different days may be appointed under this subsection for different purposes and, in particular, different days may be so appointed for the coming into force of the same provision in different areas.

(3) Subsection (1) above applies to the following provisions of this Act, that is to say—

• sections 13, 16(1) and (3) and 17;

• section 40;

• section 48(8) and (9);

• section 50(4) to (7);

• sections 53 to 59 and Schedule 8;

• section 62;

• section 75;

• section 89(6);

• section 100;

• Parts VI to XI, except as provided by subsections (4) and (5) below;

• section 251 and Schedule 29;

• section 262(3) to (7);

• section 272 and Schedule 30;

• paragraphs 5 to 9 and 10(2) of Schedule 6;

• in Schedule 12, Parts II and III, and Part VI so far as applicable to parish councils.

(4) Subsection (1) above shall not apply to the following provisions of Parts VI to XI of this Act, that is to say—

• sections 104 and 106;

• section 110;

• section 117;

• section 138;

• section 169;

• section 181(3) to (9) and (11);

• so much of section 183 as confers a power to make or direct the making or amendment of development plan schemes and so much of section 182 as applies to the interpretation of the provisions relating to such schemes;

• section 186(6) and (7);

• section 190(4);

• section 192(3);

• section 196(6) to (9);

• section 197(2) and (3);

• section 198(3) and (4);

• section 200;

• section 201(3) and (4);

• section 202(4) to (8);

• section 205;

• section 207(2) to (8);

• section 215(4);

• section 220(4);

• section 232;

• section 242;

• section 243;

• paragraph 27(2) of Schedule 13 and so much of section 172 as relates thereto.

(5) Without prejudice to section 37 of the M1 Interpretation Act 1889, any provision of Part IX or X of this Act—

(a) which empowers or requires any person to make any arrangements or any instrument with respect to the exercise of functions under any such provision or with respect to the setting up of any body of persons or the appointment of persons to any office or employment with a view to exercising any such functions or with respect to the deployment of officers in connection with the exercise of such functions;

(b) which empowers or requires any person to give directions, take steps or make representations with respect to any such arrangements or instrument; or

(c) which amends or applies any enactment which empowers or requires any person to make any such arrangements or instrument;

shall come into force so as to enable those functions to be exercised in accordance with the arrangements or instrument on 1st April 1974.

(6) Sections 80 to 90, 92, 93, 104 and 106 above shall not apply to the Greater London Council or members of that council before the day on which the councillors of that council elected at the first ordinary elections of such councillors after the passing of this Act come into office.

(7) Sections 80 to 90, 92, 104 and 106 above shall not apply to a London borough council or the members of any such council before 1st April 1974.

(8) The following provisions shall have effect with respect to parish councils in England and the members of such councils:—

(a) sections 44(4) and 91 above shall not apply to them before 1st April 1974;

(b) sections 80 to 90, 92, 104 and 106 above shall not apply to them before the day on which parish councillors elected at those elections come into office; and

(c) sections 94 to 98 above shall not apply to them before 1st April 1974.

(9) Part V of this Act shall not apply to existing parish councils in Wales or to members of such councils.

(10) Sections 104 and 106 above shall not apply to members of the Common Council before the day on which any common councilmen elected at the first ordinary election of common councilmen after the passing of this Act come into office.

Marginal Citations

M1 1889 c. 63.