SCHEDULES

SCHEDULE 1 Termination or Modification of Certain Existing Grants

Sections 1, 6 and 8.

Part I

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Part II Existing Grants for Highways and Public Transport

6

Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

b

to make grants to a Passenger Transport Executive under section 20(8) of the M1Transport Act 1968 (towards expenditure incurred by the Executive for certain areas in pursuance of agreements with the Railways Board for the provision of railway passenger services), and

c

to make grants to any person under section 56(1) of the Transport Act 1968 (towards capital expenditure incurred or to be incurred in the provision, improvement or development of facilities for public passenger transport),

shall cease to be exercisable except in cases where it appears to the Secretary of State that, notwithstanding the grants for which provision is made in Part I of this Act, the whole or any part of any expenditure in respect of which any such advances or grants as are referred to in . . . F3, paragraph (b) or paragraph (c) above could be made should not fall on the local highway authority, Passenger Transport Executive or other person concerned.

7

No grants shall be paid under section 34(2) of the Transport Act 1968 (towards expenditure incurred by local authorities in making grants to provide assistance for rural bus or ferry services and in the provision of such ferry services) in respect of expenditure incurred in connection with the provision, improvement or continuance, after the end of the year 1974-75, of any bus service or ferry service, within the meaning of that Act.

8

1

In any case where it appears to the Secretary of State—

a

that any person other than a local authority, a Passenger Transport Executive or F4London Regional Transport has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and

b

that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,

then, notwithstanding anything in paragraph 6 above, the Secretary of State may, on or after 1st April 1975, make to that person under that section any grant which he considers appropriate in the light of that undertaking.

2

In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.

9

1

In any case where it appears to the Secretary of State—

a

that a Passenger Transport Executive . . . F5 has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the M2Transport Act 1968, and

b

that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,

the Secretary of State shall, as soon as practicable after 1st April 1975, give notice in writing to the appropriate local authority specifying the purpose of the expenditure, the Executive carrying it out and particulars of the grant or grants to which the undertaking relates, including the terms and conditions upon which the grant or grants were to be made and details of the amount or proportion thereof already paid at that date.

2

An authority to whom a notice is given under sub-paragraph (1) above shall make to the Executive specified in the notice payments under subsection (2) of section 56 of the Transport Act 1968—

a

corresponding in amount to the payments which, in accordance with the particulars specified in the notice, would have been made under the grant or grants concerned, and

b

on terms and conditions corresponding, as near as may be, to those so specified,

and, in relation to the authority, expenditure for the purpose specified in the notice shall be conclusively presumed for the purposes of that subsection to be expenditure towards which payments may be made under that subsection.

3

In sub-paragraph (1) above “the appropriate local authority”, in relation to a Passenger Transport Executive, means the county council which is the Passenger Transport Authority for the Executive’s area . . . F6

Part III Existing Grants for Other Specific Purposes

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

11

1

The Secretary of State may from time to time, by order made by statutory instrument, provide that, with effect from such year as may be specified in the order, no grant shall be paid under any such local authority grant provision as may be so specified or that no grant shall be so paid except in respect of expenditure of a description so specified.

2

In this paragraph “local authority grant provision” means an enactment providing for the payment of grants to local authorities (within the meaning of the enactment concerned) in respect of expenditure incurred in connection with a specific function.

3

An order under this paragraph may contain such provisions as appear to the Secretary of State to be necessary or proper in consequence of the termination of the grants, including provision amending, repealing or revoking, with or without savings, any enactment or instrument made under an enactment.

4

No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.

C2SCHEDULE 2 Elements of Rate Support Grants

Section 2.

Annotations:
Modifications etc. (not altering text)

Part I The Needs Element

1

F8Subject to paragraphs 3 and 3A below, the amount of the needs element payable for any year to a local authority shall be the aggregate of—

a

an amount arrived at by multiplying a prescribed sum by the population of the authority’s area; and

b

additional amounts determined in such manner as may be prescribed and attributable to such additional factors as may be prescribed for that year.

2

For the purposes of paragraph 1 above the Secretary of State may by regulations provide for the method of determining, for any year,—

a

the population of a local authority’s area; and

b

the application or operation of any additional prescribed factor in relation to a local authority.

3

1

The need element shall be subject to adjustment, in accordance with the following provisions of this paragraph, in respect of expenditure to which this paragraph applies.

2

The Secretary of State may by regulations provide for ascertaining the aggregate of the expenditure to which this paragraph applies of all local authorities, for apportioning the aggregate among the authorities and for ascertaining the amount by which the needs element payable to each authority ought to be increased or decreased.

3

The Secretary of State shall, in accordance with regulations made by him under this paragraph, ascertain at such time as may be specified by the regulations—

a

the estimated amount of the increases and decreases of the needs element which ought to be made for any year, and

b

the actual amount of those increases and decreases,

and he shall in paying the needs element for any year adjust the amount of that element in accordance with the estimated amounts so ascertained and shall in paying that element for the earliest practicable subsequent year make any adjustment necessary to offset differences between the estimated and actual amounts so ascertained.

F94

Subject to sub-paragraph (5) below, this paragraph applies to such expenditure as may be specified by regulations made by the Secretary of State, being—

a

expenditure, other than that to which paragraph 3A below applies, incurred by local authorities in the exercise of their functions as local education authorities;

b

expenditure incurred by local authorities on research into any of their functions, in the training of persons in matters connected with the functions of local authorities or in respect of persons to whom the training is given.

5

Regulations specifying expenditure of any description under sub-paragraph (4) above may provide that only a specified proportion of that expenditure shall be expenditure to which this paragraph applies.

F103A

1

The needs element shall also be subject to adjustment, in accordance with the following provisions of this paragraph, in respect of expenditure to which this paragraph applies.

2

The Secretary of State may by regulations provide—

a

for the determination by the Secretary of State, in advance for each year, of the amount of expenditure to which this paragraph applies which is to be taken into account for the purposes of the regulations in relation to that year;

b

for enabling the Secretary of State to determine additional amounts of such expenditure which are to be so taken into account;

c

for apportioning among local authorities, under or in accordance with the regulations, either the whole or a part specified by or in accordance with the regulations of—

i

the amount determined for any year as mentioned in paragraph (a) above;

ii

any additional amounts determined for that year as mentioned in paragraph (b) above;

and for informing local authorities of the shares apportioned to them respectively;

d

for the determination, under or in accordance with the regulations, of the appropriate contribution of each local authority to the expenditure apportioned as mentioned in paragraph (c) above;

e

for ascertaining the amount by which the needs element payable to each authority ought to be increased or decreased by reference to the share apportioned to it as compared with its appropriate contribution.

3

Regulations under sub-paragraph (2) above shall provide for any determination as mentioned in paragraph (a) or (b) of that sub-paragraph to be made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable.

4

Regulations under this paragraph may make provision requiring local authorities to furnish the Secretary of State, at such times and in such manner and form as may be specified in the regulations, with such estimates of their expenditure and with such other information required by him for the purposes of the regulations as may be so specified.

5

The Secretary of State shall in paying the needs element for any year adjust the amount of that element (in addition to any adjustment under paragraph 3 above) in accordance with the amount ascertained as mentioned in sub-paragraph (2)(e) above.

6

This paragraph applies to such expenditure incurred by local authorities in connection with further education of an advanced character, including the training of teachers, as may be specified for the purposes of this paragraph by or under regulations made by the Secretary of State.

4

If, when the needs element for any year falls to be paid, it appears to the Secretary of State that the aggregate amount of that element will exceed or fall short of its aggregate amount as fixed by the relevant rate support grant order, the Secretary of State shall adjust the amount of that element payable to each local authority as nearly as may be in the proportion which the aggregate amount of the element as so fixed bears to the amount, as estimated by the Secretary of State, which would be the aggregate amount of that element for that year apart from this paragraph.

Part II The Domestic Element

5

1

In each year an amount in the pound shall be prescribed for the purposes of section 48 of the M3General Rate Act 1967 (reduction of rates on dwellings by reference to domestic element) and different amounts in the pound may be so prescribed for different rating areas.

2

In prescribing any amount or amounts in the pound under this paragraph for any year the Secretary of State shall seek to secure that the total amount of the reductions under section 48 of the General Rate Act 1967 for all rating areas will correspond to the aggregate amount of the domestic element prescribed for that year in pursuance of section 2(1) of this Act.

3

In this paragraph “rating area” has the same meaning as in the General Rate Act 1967.

6

The amount of the domestic element payable to a local authority for any year shall be determined in such manner as may be provided by regulations made by the Secretary of State.

Part III The Resources Element

7

No payment in respect of the resources element shall be made to a local authority for any year unless in that year the rateable value per head of population of the authority’s area is less than the national standard rateable value per head of population.

8

In relation to the resources element, the national standard rateable value per head of population shall be of such amount as may be prescribed.

9

1

In relation to the resources element, the rateable value per head of population of the area of a local authority for any year shall be determined by—

a

ascertaining the aggregate of the effective rateable values of all the hereditaments in the area of the authority, including any hereditament which, by virtue of any enactment, any body is to be treated as occupying in that area; and

b

dividing the aggregate figure so ascertained by the population of the authority’s area, determined for that year in accordance with regulations made by the Secretary of State.

2

For the purposes of sub-paragraph (1) above, “effective rateable value”, in relation to any hereditament, means such value as may be determined in accordance with regulations made by the Secretary of State; and any such regulations may make different provision in relation to different types of hereditament.

10

1

Subject to any provision made by virtue of section 4(5) of this Act and to paragraph 11 below, the amount of the resources element payable to a local authority for any year shall be an amount arrived at by multiplying the local deficiency in rateable value for that year by the amount in the pound which in accordance with sub-paragraph (3) below is determined as the uniform rate in that year for the authority’s area.

2

For the purposes of sub-paragraph (1) above, “local deficiency in rateable value”, in relation to any authority for any year, means the product of—

a

the amount by which, in that year, the national standard rateable value per head of population exceeds the rateable value per head of population of the authority’s area; and

b

the population of the authority’s area, determined for that year as mentioned in paragraph 9(1)(b) above.

C13

For the purposes of sub-paragraph (1) above “the uniform rate” in any year for the area of a local authority means the amount in the pound determined by dividing—

a

so much of the total estimated expenditure to be incurred by the authority during that year (as mentioned in section 2(1) of the M4General Rate Act 1967) as falls to be met by the authority out of the general rate for that year, by

b

the aggregate of the effective rateable values of all the hereditaments in the area of the authority determined as for the purposes of paragraph 9(1) above.

11

1

If, after the amount of the resources element payable to a local authority for any year has been determined under paragraph 10 above,—

a

the rateable values of hereditaments in the authority’s area are reduced with effect from a date on or before that which is relevant for determining the aggregate of the effective rateable values of all the hereditaments in the authority’s area for that year under paragraph 9 above, and

b

the effect of that reduction is to produce a reduction in the aggregate of the effective rateable values of all the hereditaments in the authority’s area which is of such a magnitude that, expressed as a percentage of the initially ascertained aggregate figure, it exceeds such percentage as may be specified for the purposes of this paragraph in regulations made by the Secretary of State, and

c

the authority by notice in writing request the Secretary of State to give a direction under this paragraph,

the Secretary of State shall direct that the amount of the resources element payable to the authority for that year shall be recalculated in accordance with the following provisions of this paragraph and a further payment on account of that element shall be made to the local authority accordingly.

2

Where sub-paragraph (1) above applies—

a

the rateable value per head of population of the local authority’s area for the year concerned shall be recalculated under paragraph 9 above by treating the initially ascertained aggregate figure as reduced by the amount of the excess referred to in sub-paragraph (1)(b) above; and

b

subject to any provision made by virtue of section 4(5) of this Act, paragraph 10 above shall have effect accordingly for the purpose of determining the amount which, on the basis of that recalculation, would have been payable to the authority for that year.

3

The further payment referred to in sub-paragraph (1) above shall be an amount equal to the difference between the amount previously paid to the authority for the year concerned on account of the resources element and the amount determined as mentioned in sub-paragraph (2)(b) above.

4

In this paragraph “the initially ascertained aggregate figure”, in relation to any year, means the aggregate figure ascertained under paragraph 9(1)(a) above for the purposes of the first determination of the amount of the resources element payable to the authority in that year.

5

The provisions of this paragraph shall have effect notwithstanding that the actual aggregate amount of the resources element for the year concerned may have been specified in an order under section 4(1) of this Act, and if any amount has been so specified it shall be treated as having been increased to such amount as may be necessary to provide for any further payment made to a local authority under this paragraph.

SCHEDULE 3 . . . F11

Annotations:
Amendments (Textual)

C5SCHEDULE 4 The Commissions

Section 23.

Annotations:
Modifications etc. (not altering text)
C5

Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

Disqualifications

1

1

A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—

a

he is disqualified for being elected, or being, a member of any of the authorities mentioned in section 25(1) of this Act; or

b

he is a member of any of those authorities or is a member (by co-option) of a committee of any of those authorities.

2

A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner has been a member of that authority, or a member (by co-option) of a committee of that authority.

3

The acts and proceedings of a person appointed as a Local Commissioner and acting in that office shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

2

1

So long as a Local Commissioner is responsible for any area, and for three years after he ceases to be so responsible, he shall be disqualified for being appointed to any paid office by any of the authorities mentioned in section 25(1) of this Act if the area for which the Local Commissioner is, or was, responsible falls wholly or partly within the area for which that authority is responsible.

2

In this paragraph references to the area for which a Local Commissioner is responsible are references to an area for which he assumes responsibility under section 23 of this Act and, if the Commission for Local Administration in Wales consist of more than one Local Commissioner but Wales has not been divided into areas under that section, each of the Local Commissioners for Wales shall be treated as responsible for the whole of Wales.

Remuneration, etc.

3

1

Each Commission shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State may, with the approval of F12the Treasury, determine.

2

If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the appropriate Commission may pay to that person a sum of such amount as the Secretary of State may, with the consent of F12the Treasury, determine.

F133

Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.

Staff and accommodation

4

1

Each of the Commissions may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.

2

Each of the Commissions shall make arrangements to enable Local Commissioners to investigate complaints, and in particular arrangements for—

a

allocating members of their staff to assist Local Commissioners, and

b

providing offices and other accommodation.

3

An officer of a Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.

4

The Commission for Wales shall ensure that staff are available who can enable a Local Commissioner to deal with complaints in the Welsh language.

5

Any function of a Local Commissioner . . . F14 may be performed by any officer of the Commission who is authorised for the purpose by the Local Commissioner.

Proceedings of the Commissions

5

1

The Commissions may determine their own procedure, including the quorum necessary for their meetings.

2

The validity of any proceedings of either Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.

3

Each of the Commissions shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.

F16 Expenses of the Commissions

Annotations:
Amendments (Textual)
F16

Sch. 4 paras. 6–8 substituted for paras. 6–11 by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 24(1)(3)

C36

1

Each of the Commissions shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 (“the 1988 Act”), and those sections shall accordingly have effect with the following modifications.

2

Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of each Commission together with any observations thereon made and submitted to him in accordance with paragraph 7 below.

3

The Secretary of State may also take into account any other information available to him as to the expenses of the Commissions, whatever its source.

4

A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.

5

For the purposes of section 78(7) of the 1988 Act, each Commission shall be treated as if they were also a notifiable authority.

Annotations:
Modifications etc. (not altering text)
C3

Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4

7

1

Each Commission shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State.

2

Each Commission shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives.

3

Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission’s estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State.

4

Each Commission shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact.

C48

Where a Commission fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to be such as he sees fit.

Annotations:
Modifications etc. (not altering text)
C4

Sch. 4 para. 8 amended by S.I. 1981/327, rule 6

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

C6SCHEDULE 5 Matters not Subject to Investigation

Section 26.

Annotations:
Modifications etc. (not altering text)
C6

Sch. 5 amended by S.I. 1988/242, art. 2

1

The commencement or conduct of civil or criminal proceedings before any court of law.

2

Action taken by any F17police authority in connection with the investigation or prevention of crime.

3

1

Action taken in matters relating to contractual or other commercial transactions of any authority to which Part III of this Act applies, including transactions falling within sub-paragraph (2) below but excluding transactions falling within sub-paragraph (3) below.

2

The transactions mentioned in sub-paragraph (1) above as included in the matters which, by virtue of that sub-paragraph, are not subject to investigation are all transactions of an authority to which Part III of this Act applies relating to the operation of public passenger transport, the carrying on of a dock or harbour undertaking, the provision of entertainment, or the provision and operation of industrial establishments and of markets F18other than transactions relating to the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or the attachment of any condition to such a licence.

3

The transactions mentioned in sub-paragraph (1) above as not included in those matters are—

a

transactions for or relating to the acquisition or disposal of land F19or the provision of moorings (not being moorings provided in connection with a dock or harbour undertaking); and

b

all transactions (not being transactions falling within sub-paragraph (2) above) in the discharge of functions exercisable under any public general Act, other than those required for the procurement of the goods and services necessary to discharge those functions.

4

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

5

1

Any action taken by a local education authority in the exercise of functions under F38section 370 of the Education Act 1996 or section 17 of the Education (No. 2) Act 1986 (secular instruction in county schools and in voluntary schools).

2

Any action concerning—

a

the giving of instruction, whether secular or religious, or

b

conduct, curriculum, internal organisation, management or discipline,

F39in any school or other educational establishment maintained by the authority.

F406

Action taken by an authority mentioned in section 25(1)(ba), (bb) or (bc) of this Act which is not action in connection with functions in relation to housing.

7

Action taken by an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.

F208

Action taken by the Urban Regeneration Agency which is not action in connection with functions in relation to town and country planning.

C7SCHEDULE 6 RELAXATION AND REMOVAL OF CONTROLS

Section 35.

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C7

The text of Sch. 6 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.

Marginal Citations

Enactment relating to local authority function

Amendment

1. Section 94 of the M5Public Health Act Amendment Act 1907 (power of local authorities to licence pleasure boats and boatmen).

In subsection (1), for the words from “annual fees” to the end of the subsection there shall be substituted the words “for each type of licence such annual fee as appears to them to be appropriate”.

2.—(1) Section 1 of the M6Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals).

In subsection (2), for the words “the prescribed fee” there shall be substituted the words “such fee as appears to the local authority to be appropriate” ; in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, shall be omitted; in subsection (7) the words “subject to payment of the prescribed fee” shall be omitted; and at the end of the section there shal be added the following subsection :

“(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”.

(2) Section 5(3) of that Act (expenses of local authorities, etc.).

The words from “and the fee for registration” to the end shall be omitted.

3. . . . F21

. . . F21

4. Section 3 of the M7Civic Restaurants Act 1947 (financial provisions).

In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from “and the form of the account” to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from “and if the account” to the end of the subsection shall be omitted.

5. . . . F22

. . . F22

6.—(1) Section 64 of the M8National Parks and Access to the Countryside Act 1949 (power of local planning authority to male access agreements with landowners in theri area).

In subsection (1) the words “with the approval of the Minister” shall be omitted.

(2) Section 65 of that Act (power of local planning authorities to make access orders).

Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted.

(3) Section 104 of that Act (general provisions as to appropriation and disposal of land).

Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted.

(4) Section 105 of that Act (default powers of Secretary of State).

The section shall cease to have effect.

7. . . . F23

. . . F23

8. Section 1 of the M9Pet Animals Act 1951 (licensing of pet shops by local authorities).

In subsection (2), as originally enacted, the words “not exceeding ten shillings” shall be omitted.

9. . . . F24

. . . F24

10. Section 6 of the M10Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft).

The words from the beginning to “may authorise” shall be omitted ; for the words “to make and recover charges” there shall be substituted the words “may impose such charges as appear to the authority to be appropriate” ; and for the words “any such Order in Council” there shall be substituted the words “ any Order in Council under section 23 of the Prevention of Damage by Pests Act 1949 ”.

11. . . . F25

. . . F25

Subsection (3) (advertisement of local authority’s intention to apply for Minister’s approval) shall be omitted.

12. . . . F26

. . . F26

13. Schedule 2 to the M11Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons).

In paragraph 3, sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words “Provided that where” there shall be substituted the words “unless the council are satisfied that” and the words from “the Minister” to the end of the sub-paragraph shall be omitted.

14. Section 2 of the M12Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area).

Subsections (2) and (3) (consent of the Secretary of State required for local authorities to develop land) shall be omitted.

15. . . . F27

. . . F27

16. Schedule 12 to the M13London Government Act 1963 (licensing of public entertainments in Greater London).

In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainment to be such as the Greater London Council may fix. within specified limits) the words from “not exceeding” to the end of the paragraph shall be omitted.

17. Section 1 of the M14Animal Boarding Establishments Act 1963 (licensing by local authorites of boarding establishments for animals).

In subsection (2), as orignally enacted, the words “not exceeding ten shillings” shall be omitted.

18. Section 1 of the M15Riding Establishments Act 1964 (licensing of riding establishments by local authorities).

In subsection (2), for the words from “and on payment” to “grant” there shall be substituted the words “grant, on payment of such fee as may be determined by the local authority”.

19.—(1) Section 5 of the M16Plant Health Act 1967 (execution of Act by local authorities).

In subsection (2) (local authorites to keep certain records in such manner and form as competent authority may direct), the words from “in such manner” to “direct” shall be omitted.

(2) Section 6 of that Act (publication of orders).

In subsection (3) (local authoritites to publish orders in such manner and form as competent authority directs) the words from “in such manner as the competent authority directs” to “such direction” shall be omitted.

20. . . . F28

. . . F28

21. . . . F29

. . . F29

22.—(1) Section 10 of the M17Transport Act Act 1968 (general powers of the Passengers Transport Executive).

In subsection (1)(xvi) (power with Passenger Transport Authority’s approval and Secretary of State’s consent, to make arrangements for transfer of part of the Executive’s undertaking of property to persons who have agreed to carry on any of the Executive’s activities) the words “and the consent of the Minister” shall be omitted.

(2)Section 11 of that Act (financial duty of Executive).

Subsection (4) (Executive to submit to Secretary of State statement of Executive’s proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted.

(3) Section 12 of that Act (borrowing powers of Executive).

In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State’s consent, to borrow money for that purpose) the words “with the consent of the Minister” shall be omitted.

(4) Section 13 of that Act (power fot Authority to precept for Executive).

Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted.

(5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities).

In subsection (2), in paragraph (c), the final word “and” and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State’s powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted.

(6) Section 18 of that Act (planning of passenger transport services in designated areas).

In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted.

(7) . . . F30

. . . F30

(8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas).

In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted.

(9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages).

In subsection (2), the words “subject to subsection (3) of this section” and subsections (3) to (8) (control of Secretary of State over exercise of local authorities’ powers) shall be omitted.

(10) Section 37 of that Act (power of local authorities, with the Secretary of State’s consent, to acquire or dispose of public service vehicle undertakings).

In subsection (1), the words from “with the consent” to “Secretary of State” and subsection (2) (terms on which consent may be given) shall be omitted.

(11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions).

Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted.

(12) Part III of Schedule 5 to that Act (matters which may be dealt with an order designating a passenger transport area).

Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted.

23. . . . F31

. . . F31

24.—(1) Section 3 of the M18Late Night Refreshment Houses Act 1969 (annual duty payable to licending authority in respect of licence to keep late night refreshment house).

In subsection (1) (duty of £6 payable in repect of licence) for the words from “charges” to “the licensing authority” there shall be substituted the words “payable to the licensing authority a fee of such amount as appears to them to be appropriate” and for the word “duty”, in the second place where it occurs, there shall be substituted the word “fee”, and subsections (2) and (3) (power of Secretary of State by order to vary or dispense with licence duty) shall be omitted.

(2) Sections 4 and 5 of that Act (reduced duty on beginner’s part-year licence and date of licence and period of validity).

For the word “duty”, in each place where it occurs, there shall be substituted the word “fee” and for the words “chargeable” (in section 5(2)) there shall be substituted the word “payable”.

25. . . . F31

. . . F31

26.—(1) Section 18 of the M19Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses).

In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words “with the approval of the Minister” shall be omitted and subsections (3) to (5) (advertisement of local authority’s intention to apply for Minister’s approval and provisions as to public inquiries) shall be omitted.

(2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence).

For the words from “a fee”, in the first place where they occur, to “5p” there shall be substituted the words “such fees as appear to them to be appropriate for the grant and”.

SCHEDULE 7 MINOR AND CONSEQUENTIAL AMENDMENTS

Section 42.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

The Water Act 1973 M20

Annotations:
Marginal Citations

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

C814

In Schedule 6 to that Act, in paragraph (c) after the words “transitional period” there shall be inserted the words “in respect of which no provision is made by 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.

Annotations:
Modifications etc. (not altering text)
C8

The text of Sch. 7 paras. 14 and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Breeding of Dogs Act 1973 M21

Annotations:
Marginal Citations

C915

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 ”.

Annotations:
Modifications etc. (not altering text)
C9

The text of Sch. 7 paras. 14 and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C10SCHEDULE 8 Enactments Repealed

Section 42.

Annotations:
Modifications etc. (not altering text)
C10

The text of Schedule 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter

Short Title

Extent of Repeal

15 & 16 Geo. 5. c. 38.

The Performing Animals (Regulation) Act 1925.

In section 1, in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, and in subsection (7) the words “subject to payment of the prescribed fee”.

In section 5, in subsection (3) the words from “and the fee for registration” to the end of the subsection.

26 Geo. 5. & 1 Edw. 8. c. 49.

The Public Health Act 1936.

Section 292.

10 & 11 Geo. 6. c. 22.

The Civic Restaurants Act 1947.

In section 3, in subsection (1) the words from “and the form of the account” to the end of the subsection, and in subsection (2) the words from “and if the account” to the end of the subsection.

11 & 12 Geo. 6. c. 26.

The Local Government Act 1948.

Section 138(2).

12, 13 & 14 Geo. 6. c. 55.

The Prevention of Damage by Pests Act 1949.

In section 7(2) the words “two hundred and ninety-two” and the words “for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act”.

12, 13 & 14 Geo. 6. c. 97.

The National Parks and Access to the Countryside Act 1949.

In section 64(1) the words “with the approval of the Minister”.

Section 65(6).

In section 97, in subsection (1), paragraphs (a) and (b), and in paragraph (c) the words from “and under” to the end of the paragraph, and subsections (6) and (7).

Section 98.

In section 104, subsections (7) and (8).

Section 105.

14 Geo. 6. c. 36.

The Diseases of Animals Act 1950.

In section 43 the words “with the sanction of the Minister”.

Section 61(7).

14 & 15 Geo. 6. c. 35.

The Pet Animals Act 1951.

In section 1(2), as originally enacted, the words “not exceeding ten shillings”.

14 & 15 Geo. 6. c. 60.

The Mineral Workings Act 1951.

In section 19, in subsection (2) the words from “but the local authority” to the end of the subsection, and subsection (4).

2 & 3 Eliz. 2. c. 68.

The Pests Act 1954.

In section 6 the words from the beginning to “may authorise”.

4 & 5 Eliz. 2. c. 16.

The Food and Drugs Act 1955.

In section 80, in subsection (1) the words “with approval of the Minister”, and subsection (3).

7 & 8 Eliz. 2. c. 25.

The Highways Act 1959.

In section 124, in subsection (2), and in subsection (3) the words from “or, in a case where” to “so extended” and the words from “or, if an appeal” to the end of the subsection.

In section 174(2)(b) the words from “which may include” to “and notices”.

8 & 9 Eliz. 2. c. 62.

The Caravan Sites and Control of Development Act 1960.

In Schedule 2, in paragraph 3, in sub-paragraph (1) the words from “the Minister” to the end of the sub-paragraph.

1963 c. 29.

The Local Authorities (Land) Act 1963.

In section 2, subsections (2) and (3).

1963 c. 31.

The Weights and Measures Act 1963.

In section 4(2) the words “and approved for the purpose by the Board”.

In section 5(3) the words “and approved for the purpose of the Board”.

In section 44(1) the words “with the consent of the Board”.

1963 c. 33.

The London Government Act 1963.

In Schedule 12, in each of paragraphs 3 and 6, the words from “not exceeding” to the end of the paragraph.

1963 c. 43.

The Animal Boarding Establishments Act 1963.

In section 1(2), as originally enacted, the words “not exceeding ten shillings”.

1966 c. 9.

The Rating Act 1966.

Section 9.

Section 12(a).

1966 c. 42.

The Local Government Act 1966.

Sections 1 to 5.

Section 8.

Section 10.

In section 27(2) the words from “all or any” to “authorites, and”.

Schedule 1.

In Schedule 3, in Part II, in column 1 the entries numbered 11, 14, 16, 21, 24, 25, 26 and 28.

1967 c. 8.

The Plant Health Act 1967.

In section 5(2) the words from “in such manner” to “direct”.

1967 c. 8—cont.

The Plant Health Act 1967—cont.

In section 6(3) the words from “in such manner as the competent authority directs” to “such direction”.

1967 c. 9.

The General Rate Act 1967.

In section 17(2), in paragraph (a) the words from “not being earlier” to the end of the paragraph, and in paragraph (b) the words from “not being earlier” to the end of the paragraph.

In section 21(7) the words “or in section 22 of this Act”.

Section 22.

Section 35.

Section 49.

In section 51(1) the words “not exceeding two-and-a-half per cent”.

Section 52.

In section 115, in subsection (1) the definitions of “rebate application” and “rebate period”, and subsection (3)(b).

Schedules 9 and 11.

1967 c. 76.

The Road Traffic Regulation Act 1967.

In section 29, in subsection (1) the words from “exercisable” to “approved by him”, and subsection (2).

In section 31, in subsection (2) the words from “and, where an order provides” to the end of the subsection.

In section 37, in subsection (5) the words “in the prescribed manner” and the words from “and in this” onwards.

In section 44, in subsection (2) in the proviso the words from “but shall not be carried forward” to the end of the proviso, and in subsection (3)(c) the words “with the consent of the appropriate Minister”.

In section 46(2) the words “with the consent of the Minister of Housing and Local Government”.

In section 72(6)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”.

In section 84B(8)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”.

1968 c. 41.

The Countryside Act 1968.

In section 2(9) the words “this Act or”.

Section 5.

Sections 33 to 35.

In section 36, in subsection (1) the words from “under this Act” to “making of grants”, and in subsection (8) the words from “and subsections (2)” onwards.

1968 c. 46.

The Health Services and Public Health Act 1968.

In section 12(5) the words “with the approval of the Minister”.

In section 13(2), the words “with the approval of the Minister”.

1968 c. 73.

The Transport Act 1968.

In section 10(1)(xvi) the words “and the consent of the Minister”.

In section 11, subsections (4) and (5).

In section 12(4) the words “with the consent of the Minister”.

In section 13, subsections (4) and (7).

In section 15, in subsection (4) the words from “to the provisions” to the end of the subsection.

In section 16, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5).

In section 18, in each of subsections (1) and (2), the words “to the Minister and”.

Section 21(5)(a).

In section 34, subsections (2) and (3).

In section 36, in subsection (2) the words “subject to subsection (3) of this section” and subsections (3) to (8).

In section 37, in subsection (1) the words from “with the consent” to “Secretary of State”, and subsection (2).

In section 138, subsections (6) to (8) and (9)(a).

In Schedule 5, in Part III paragraph 14.

In Schedule 14, in Part IV paragraph 10.

1969 c. 10.

The Mines and Quarries (Tips) Act 1969.

In section 23(1), paragraph (c) except the final word “and”.

1969 c. 33.

The Housing Act 1969.

Section 74.

1969 c. 35.

The Transport (London) Act 1969.

In section 3, in subsection (1) the words from “but any expenditure” to the end of the subsection.

In section 7, in subsection (5) and in subsection (6), in pargaraph (a) the final word “and” and paragraphs (b) and (c).

In section 12, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5).

In section 23(6), paragraph (b) and the word “and” immediately preceding it.

In section 29(1)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”.

1969 c. 53.

The Late Night Refreshment Houses Act 1969.

In section 3, subsections (2) and (3).

Section 12.

1970 c. 21.

The New Forest Act 1970.

Section 4.

1970 c. 32.

The Riding Establishment Act 1970.

In section 2(1), paragraph (i).

1971 c. 41.

The Highways Act 1971.

In section 1(6)(a)(i) the words “for the purposes of advances under section 235 of the principal Act”.

1971 c. 78.

The Town and Country Planning Act 1971.

In section 28(1) the word “either”, paragraph (b) and the word “or” immediately preceding it.

In section 31, subsections (2) and (3).

In section 46, in subsection (1) paragraph (b) and the word “and” immediately preceding it, and in subsection (3) the words from “and the notice” to the end of the subsection.

In section 65(1) the words “then, given to any directions given by the Secretary of State”.

In section 87(1) the words “any directions given by the Secretary of State and to”.

In section 91(4), paragraph (c) except the final word “and”.

1971 c. 78—cont.

The Town and Country Planning Act 1971—cont.

In section 96(1) the words “then, subject to any directions given by the Secretary of State”.

In section 100(1) the words from “give directions” to “or may”.

In section 117, in subsection (1) the words “an application for” and the words from “and the Secretary of State” to the end of the subsection, and in subsection (5) the words “an application for”, “the local authority’s application for” and “be refused or, as the case may be, that such a direction”.

In section 124, subsections (3) and (4), in subsection (6) the words “with the consent of the Secretary of State” and in subsection (8) the words “approved by the Secretary of State”.

In section 125, in subsection (1) the words from “and the Secretary of State” to the end of the subsection, subsection (2) and in subsection (3) the words from “ “preservation” in” to “and”.

In section 164(1) the words from “(other than” to “Secretary of State)”.

In section 212(1) the words “for the purposes of advances under section 235 of the Highways Act 1959”.

In section 276, in subsection (1) the words from “give directions” to “or may” and in subsection (5) paragraph (b), in paragraph (c) the words from “or under” to “this Act” and the words from “give directions” to “or may”.

Section 277(2).

In Schedule 11, in paragraph 11(1) the words from “give directions” to “or may”.

1971 c. lxx.

The Chichester Harbour Conservancy Act 1971.

Section 30(3).

1972 c. 47.

The Housing Finance Act 1972.

In Schedule 9, paragraphs 7 and 8.

1972 c. 70.

The Local Government Act 1970.

Section 203(5).

In Schedule 24, paragraph 11, and in paragraph 12, in section 13 of the Transport Act 1968 as set out in that paragraph, subsection (2).

1973 c. 28.

The Rate Rebate Act 1973.

The whole Act.

1973 c. 37.

The Water Act 1973.

In Schedule 5, in paragraph 11(9) the words from “multiplied by” to “authority for that year”, in paragraph 11(13) the definition of “the conclusive calculation” and paragraph 13(2).

1973 c. 60.

The Breeding of Dogs Act 1973.

Section 4.

1974 c. 3.

The Slaughterhouses Act 1974.

In section 18, in subsection (1) the words “with the approval of the Minister” and subsections (3) to (5).

In Schedule 3, paragraphs 3 and 6.