Local Government Act 1974

PART IV Miscellaneous and General

35 Removal or relaxation of controls affecting certain local authority functions

(1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in the first column of Schedule 6 to this Act shall have effect subject to the amendments specified in the second column of that Schedule.

(2) Without prejudice to section 43(4) below, any reference in Schedule 6 to this Act to any enactment includes a reference to that enactment as applied by any other enactment, including a local Act.

(3) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(4) An order made under this section—

(a) may be revoked or varied by a further order so made, and

(b) may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(5) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(6) In this section " local authority" means any local authority within the meaning of the [1972 c. 70.] Local Government Act 1972, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, the Council of the Isles of Stilly, a port health authority, the London Transport Executive and a Passenger Transport Executive.

36 Recovery by local authorities of establishment charges

(1) In any case where a local authority—

(a) are empowered under any enactment to carry out any works or do any other thing on or in relation to any land or building, and

(b) by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,

the local authority shall be entitled to recover, together with and in like manner as the expenses which are recoverable as mentioned in paragraph (b) above, such sum as appears to them to be reasonable in respect of their establishment charges.

(2) The provisions of subsection (1) above shall have effect in substitution for any provision contained in any enactment, including an enactment in a local Act, under which a local authority who have exercised any such power as is referred to in subsection (1)(a) above have power to recover any sum in respect of their establishment charges or any element or elements of those charges.

(3) In this section " local authority " has the same meaning as in section 35 above.

37 Extension of power of local authorities to make advances

(1) Section 43 of the [1958 c. 42.] Housing (Financial Provisions) Act 1958 (power of local authorities to make advances for certain housing purposes) shall be amended in accordance with the provisions of this section.

(2) At the end of paragraph (d) of subsection (1) there shall be added the words “or

(e) subject to subsection (2A) below, facilitating the repayment by means of the advance of the amount outstanding on a previous loan made for any of the purposes specified in paragraphs (a) to (d) above”.

(3) After subsection (2) there shall be inserted the following subsection:—

“(2A) An advance shall not be made for the purpose specified in paragraph (e) of subsection (1) above unless the local authority or county council satisfy themselves that the primary effect of the advance will be to meet the housing needs of the applicant by enabling him either to retain an interest in the house concerned or to carry out such works in relation to that house as would be eligible for an advance by virtue of paragraph (c) or paragraph (d) of that subsection.”

(4) In paragraph (c) of subsection (3) of the section for the words " may provide for repayment being made either by instalments of principal or by an annuity of principal and interest combined " there shall be substituted the words “shall provide for repayment of the principal—

(i) by instalments (of equal or unequal amounts) beginning either on the date of the advance or at a later date, or

(ii) at the end of a fixed period (with or without a provision allowing the local authority or county council to extend that period) or on the happening of a specified event before the end of that period,

and for the payment of instalments of interest throughout the period beginning on the date of the advance and ending when the whole of the principal is repaid”.

(5) At the end of the section there shall be added the following subsection:—

“(5) If it appears to a local authority or county council that the principal effect of the making of an advance under subsection (1) above in respect of any premises would be to meet the housing needs of the applicant, they may make the advance notwithstanding that it is intended that some part of the premises will be used or, as the case may be, will continue to be used, otherwise than as a dwelling ; and accordingly where, by virtue of this subsection, a local authority or county council propose to make an advance in respect of any premises, the premises shall be treated for the purposes of subsections (1) to (4) above as, or as a building to be converted into, a house or houses”.

(6) On the coming into operation of this section, no further advances shall be made by local authorities in England and Wales under section 74 of the [1969 c. 33.] Housing Act 1969 or section 41 of the [1973 c. 26.] Land Compensation Act 1973.

38 Collection by local authorities of charges payable in respect of services provided by water authorities

After section 32 of the [1973 c. 37.] Water Act 1973 there shall be inserted the following section:—

“32A Agreement for collection and recovery by local authorities of charges due to water authorities.

(1) A local authority and a water authority may enter into an agreement for the collection and recovery by the local authority on behalf of the water authority of any charges payable for services performed, facilities provided or rights made available in the local authority's area by the water authority.

(2) Without prejudice to any other method of recovery, where an agreement is entered into under subsection (1) above, any charges which, in accordance with the agreement, are to be collected and recovered by the local authority concerned may be demanded, collected and recovered by the local authority in like manner as, and together with, any amount due to the local authority in respect of the general rate.

(3) Where an agreement is entered into under subsection (1) above,—

(a) rules made by the Secretary of State under subsection (1)(a) of section 113 of the [1967 c. 9.] General Rate Act 1967 may make such provision with respect to the documents referred to in that subsection, and

(b) regulations made by the Secretary of State under that Act may make such modifications of the forms in Schedule 12 to that Act,

as he considers appropriate to take account of the provisions of subsection (2) above”.

39 Compensation for loss of office: extension of cases for which regulations may provide

For subsection (3) of section 259 of the [1972 c. 70.] Local Government Act 1972 (regulations providing for compensation for loss of office attributable to that Act may extend to persons whose loss is attributable to any such transfer or relinquishment of functions as is referred to in paragraph (c) of the new subsection set out below) there shall be substituted the following subsection :—

“(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—

(a) the provisions of any such order as is referred to in section 326(1) of the [1936 c. 49.] Public Health Act 1936;

(b) an existing local authority ceasing, as respects the whole or any part of their area, to be a food and drugs authority, within the meaning of the [1955 c. 16 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 ;

(c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955 or in the [1974 c. 3.] Slaughterhouses Act 1974; or

(d) the provisions of an order under section 46 of the [1969 c. 54.] Children and Young Persons Act 1969 ;

and, without prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions as to compensation made for that case by section 326 of the Public Health Act 1936, section 129(1) of the Food and Drugs Act 1955 or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of the regulations apply.”

40 Classification of highways

(1) On and after 1st April 1975, a highway or proposed highway which, immediately before that date, is classified under section 27(2) of the [1966 c. 42.] Local Government Act 1966 as a principal road for the purposes of section 235 of the [1959 c. 25.] Highways Act 1959, so far as that section relates to the making of advances to local highway authorities, shall cease to be so classified for the purposes of the said section 235 but, except in so far as the Secretary of State otherwise directs, shall continue to be treated as a principal road or a classified road for the purposes of any enactment or instrument (whether passed or made before or after the passing of this Act) which refers to roads or highways classified under any enactment as principal roads (whether for the purposes of advances under the said section 235 or otherwise) or, as the case may be, to roads or highways classified by the Secretary of State.

(2) The Secretary of State may by order made by statutory instrument assign some other description to the highways which, whether by virtue of subsection (1) above or otherwise, are for the time being treated as principal roads for the purposes of any enactment or instrument.

(3) If an order is made under subsection (2) above then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made shall be construed as a reference to a highway of the description specified in the order.

(4) Nothing in subsection (2) above shall affect the power of the Secretary of State under section 27(2) of the Local Government Act 1966 to classify particular highways or proposed highways in such manner as he may determine after consultation with the highway authorities concerned.

(5) In this section "highway" and "proposed highway" have the same meanings as in the Highways Act 1959.

41 Expenses

There shall be defrayed out of money provided by Parliament—

(a) any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;

(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

42 Minor and consequential amendments and repeals

(1) Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

(2) The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

43 Short title, commencement, construction, application and extent

(1) This Act may be cited as the Local Government Act 1974.

(2) Part II, other than sections 16 and 22, and sections 35, 37 and 42 of this Act and Schedules 6 to 8 to this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.

(3) An order under subsection (2) above appointing a day for the coming into operation of any provision of Schedules 6 to 8 to this Act may contain such savings with respect to the operation of that provision as appear to the Secretary of State to be appropriate.

(4) Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.

(5) In their application to the Isles of Stilly, the provisions of Parts I and IV of this Act shall have effect subject to such modifications as the Secretary of State may by order made by statutory instrument direct.

(6) Except in so far as Schedule 4 to this Act amends the [1957 c. 20.] House of Commons Disqualification Act 1957, this Act shall not extend to Scotland or to Northern Ireland.