Local Government Act 1974

SCHEDULE 7 Minor and Consequential Amendments

The National Parks and Access to the Countryside Act 1949

1 In paragraph (e) of section 97(1) of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 for the words from " any of " to the end of the paragraph there shall be substituted the words " section 89(5) or section 103(5) of this Act for the purpose of their functions under section 89(2) of this Act ".

[1966 c. 42.] The Local Government Act 1966

2 (1) In section 27 of the Local Government Act 1966, in subsection (3), after the words "this Act" there shall be inserted the words " (in this section referred to as an ' existing enactment or instrument " and for the words from " is classified " to the end of the subsection there shall be substituted the following paragraphs:—

“(a) is classified under subsection (2) of this section, or continues to be treated under section 40 of the Local Government Act 1974, as a principal road for the purposes of any enactment or instrument which refers to roads or highways classified by the Secretary of State as principal roads ; or

(b) is classified under subsection (2) of this section as a classified road for the purposes of that existing enactment or instrument”

(2) In subsection (4) of that section, for the words from " every such" to the end of the subsection there shall be substituted the words "every existing enactment or instrument

[1967 c. 9.] The General Rate Act 1967

3 In section 12(9) of the General Rate Act 1967 (interest on amounts due under precepts which are not paid on or before the date specified for payment) after the words " six per cent. per annum " there shall be inserted the words " or such other rate as may be either prescribed or determined in a prescribed manner ".

4 (1) In section 48 of that Act, in subsection (1)(a), for the words " in pursuance of paragraph 1 of Part III of Schedule 1 to the Local Government Act 1966 " there shall be substituted the words " for their area under paragraph 5 of Schedule 2 to the Local Government Act 1974 ".

(2) In subsection (4) of that section for the words " Part III of Schedule 1 to the said Act of 1966 " there shall be substituted the words " paragraph 5 of Schedule 2 to the Local Government Act 1974 ".

5 In section 51(1) of that Act (power of rating authority to grant discount not exceeding 2½ per cent. in respect of rates on dwelling-houses) the words "not exceeding two-and-a-half per cent." shall be omitted.

6 Section 52 of that Act shall cease to have effect.

7 In section 54(1) of that Act (power of rating authority to make allowance by way of discount not exceeding 2½ per cent. in respect of rates on all hereditaments) for the words " not exceeding two and a half per cent." there shall be substituted the words " of such amount as may be specified in the resolution ".

8 In paragraph (a) of subsection (1) of section 113 of that Act (power to make rules prescribing certain matters and the form of certain documents) after the words "the form of" there shall be inserted the words " or the matters to be specified in ".

9 In section 115(3) of that Act for the words " sections 49 and 50 " there shall be substituted the words " section 50 ", in paragraph (a) for the words from " relevant date " to the end of sub-paragraph (ii) there shall be substituted the words " date of the giving of a notice under subsection (1) of that section " , paragraph (b) shall be omitted and for paragraph (c) there shall be substituted the following paragraph:—

“(c) if at the date of the giving of a notice under the said subsection (1) a rebate is for the time being payable in respect of the hereditament or any part thereof under the statutory rate rebate scheme, within the meaning of Part II of the Local Government Act 1974 or, as the case may be, a local rate rebate scheme, within the meaning of that Part”.

10 Schedule 11 to that Act shall cease to have effect.

[1972 c. 70.] The Local Government Act 1972

11 In section 81 of the Local Government Act 1972 (exceptions to provisions about disqualification in section 80) after subsection (3) there shall be inserted the following subsection:—

“(3A) Section 80(1)(a) above shall not operate to disqualify any person for being elected or being the chairman, vice-chairman, deputy chairman or an alderman or councillor of the Greater London Council by reason of his being employed by the London Transport Executive or any subsidiary of theirs.”

12 In paragraph 7 of Schedule 13 to that Act, in sub-paragraph (1), after the words " subject to " there shall be inserted the words " sub-paragraph (3) and " and at the end of that paragraph there shall be added the following sub-paragraph:—

“(3) In any case where—

(a) a local authority make an advance to any other person (including another authority) and the expenditure incurred in making the advance is defrayed by borrowing, and

(b) the terms of that advance are such that repayment is to be made otherwise than by equal instalments of principal and interest combined, and

(c) apart from this sub-paragraph, the local authority would have no power, with respect to the expenditure referred to in paragraph (a) above, to vary the sums which would otherwise be debited under sub-paragraph (1) above or to suspend their obligation under that sub-paragraph,

the local authority may, under sub-paragraph (1) above, debit the account from which the expenditure referred to in paragraph (a) above would otherwise fall to be defrayed with sums of different amounts (whether or not including instalments of principal) in respect of different years in order to take account of the terms on which their advance falls to be repaid.”

[1973 c. 37.] The Water Act 1973

13 (1) In paragraph 11(9) of Schedule 5 to the Water Act 1973 the words from " multiplied by " to " authority for that year " shall be omitted.

(2) In paragraph 11(13) of that Schedule, for the definition of " the appropriate factor " there shall be substituted the words " ' actual penny rate product', in relation to any area, means the product of a rate of lp in the pound for that area as determined for the purposes of this paragraph in accordance with rules made under section 113(1)(c) of the General Rate Act 1967 " and the definition of " the conclusive calculation " shall be omitted.

(3) In paragraph 13(1) of that Schedule for the words " in accordance with this paragraph " there shall be substituted the words " as mentioned in sub-paragraph (3) below ".

(4) Paragraph 13(2) of that Schedule shall be omitted.

(5) In sub-paragraph (3) of paragraph 13 of that Schedule for the words from " as estimated " to the end of the sub-paragraph there shall be substituted the words " as determined for the purposes of this Part of this Schedule in accordance with rules made under section 113(1)(c) of the General Rate Act 1967, and the appropriate penny rate product as so determined for any area for the relevant year and any information relevant to that determination which may be specified in those rules shall be notified to the water authority at such time and in such manner as may be so specified ".

14 In Schedule 6 to that Act, in paragraph 5(2), in paragraph (c) after the words " transitional period " there shall be inserted the words " in respect of which no provision is made by an agreement under section 32A of this Act " and at the end of the said paragraph (c) there shall be inserted the following paragraph:—

“(cc) without prejudice to the generality of paragraph (c) above, for the demand, collection and recovery by a local authority of any such amount as is mentioned in that paragraph in like manner as, and together with, any amount due to the authority in respect of the general rate and for the extension of section 113 of, and the modification of Schedule 12 to, the General Rate Act 1967 (power to make rules, and forms of documents) to take account of any such provision made by the order.”.

[1973 c. 60`.] The Breeding of Dogs Act 1973

15 (1) Section 4 of the Breeding of Dogs Act 1973 (which confers power on a local authority to prosecute for certain offences but is rendered unnecessary by section 111 of the Local Government Act 1972) shall cease to have effect.

(2) In section 5(2) of that Act, in the definition of local authority, after the word " means " there shall be inserted the words " in England and Wales " and for the words from " or of a district" to " Wales)" there shall be substituted the words " the council of a district ".