SCHEDULES
Sections 1, 2, 66.
FIRST SCHEDULEGeneral Grants
PART IRelevant Expenditure
Subject to the provisions of Part II of this Schedule, relevant expenditure for the purposes of this Act is expenditure falling within any of the following paragraphs.
1Expenditure incurred by local education authorities as such.
2Expenditure incurred by or on behalf of local health authorities within the meaning of the National Health Service Act, 1946, in respect of the carrying out of the functions of such authorities, whether under that Act or any other enactment, including the functions of such authorities as local supervising authorities under the Midwives Act, 1951.
3Expenditure on fire services.
4Expenditure incurred in the carrying out of any of the functions specified in subsection (1) of section thirty-nine of the Children Act, 1948.
5(1)Expenditure incurred in connection with—
(a)the acquisition of land under Part I of the Town and Country Planning Act, 1944, under section thirty-eight or forty of the Town and Country Planning Act, 1947, or in pursuance of section nineteen of the latter Act;
(b)the acquisition under section forty-one of the said Act of 1947 of any building as respects which, immediately before the acquisition thereof, a building preservation order was in force or could have been made, the acquisition of any building by virtue of section nineteen of the said Act as applied by a building preservation order, or the acquisition under the said section forty-one of any land comprising or contiguous or adjacent to any such building ;
(c)the acquisition under any enactment not hereinbefore referred to of land for use as a public open space ;
(d)the payment of compensation under Part III or Part VIII of the said Act of 1947 ;
(e)the taking of any action under sections twenty-four to twenty-six of that Act, or the taking of action under the said section twenty-four as applied by any of the provisions of Part III of that Act;
(f)the carrying out of any work of restoring, repairing or adapting any buildings in the case of a building in respect of which a building preservation order was in force or could have been made immediately before its acquisition.
(2)References in this paragraph to expenditure incurred in connection with the acquisition of land include references to expenditure incurred in connection with the clearing and preliminary development of land.
(3)Regulations made by the Minister with the consent of the Treasury may provide—
(a)for treating the appropriation of land, in such cases and subject to such conditions as may be prescribed by or under the regulations, as equivalent for the purposes of this paragraph to the acquisition of land at such cost as may be so prescribed;
(b)for determining how expenditure is to be ascertained for the purposes of this paragraph, whether by reference to expenditure actually incurred or by reference to annual costs incurred or treated as incurred in respect of the borrowing of money, or by reference to the excess of such expenditure or costs over receipts or the annual value of receipts, or partly in one way and partly in another;
(c)for the inclusion, in the expenditure incurred in the acquisition of land, of the whole or a part of any sum paid in connection with any restriction imposed on the development or use of the land by or under any enactment (whether by way of compensation or by way of contribution towards damage or expenses incurred in consequence of the restriction).
Any regulations under this sub-paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6Expenditure incurred by local authorities within the meaning of section five of the Road Traffic Act, 1956, in the making and carrying out of arrangements for promoting road safety by disseminating information or advice relating to the use of roads, or for giving practical training to road users or any class or description of road users (including the making of contributions towards the cost of arrangements for the like purposes).
7Expenditure incurred in the provision and maintenance of vehicles or equipment for use by police forces in connection with the enforcement of the law relating to road traffic, so however that nothing in this Act shall affect the payment of the grants authorised by section three of the Miscellaneous Financial Provisions Act, 1950, in respect of expenses incurred for the purposes of police forces.
8Expenditure incurred in the defraying of registration expenses within the meaning of the Representation of the People Act, 1949 (including any payments made by registration officers as part of their registration expenses).
9Expenditure incurred by local authorities within the meaning of the Physical Training and Recreation Act, 1937, in the provision, or in aiding the provision, of facilities for physical training and recreation, including the provision and equipment of gymnasiums, playing fields, swimming baths, bathing places, holiday camps and camping sites, and other buildings and premises for physical training and recreation, and in respect of the training and supply of teachers and leaders.
10Expenditure incurred in the provision of such accommodation as it is the duty of local authorities to provide under subsection (1) of section twenty-one of the National Assistance Act, 1948, or in the making of payments or contributions under section twenty-six of that Act to voluntary organisations or incurred in respect of arrangements under section twenty-nine of that Act (which relates to welfare arrangements for handicapped persons).
11Expenditure incurred in the making and carrying out of arrangements under the School Crossing Patrols Act, 1953.
PART IIExclusions from Relevant Expenditure
1Paragraph 1 of Part I of this Schedule does not include expenditure incurred—
(a)in connection with the provision of milk for pupils in attendance at schools maintained by local education authorities or for full-time students under eighteen years in attendance at establishments for further education maintained or assisted by such authorities or in receipt of grant from the Minister of Education, or the provision of milk in pursuance of arrangements made under section seventy-eight of the Education Act, 1944 ;
(b)in connection with the provision of main mid-day meals for day pupils in attendance at schools maintained by such authorities or the provision of such meals in pursuance of arrangements made under the said section seventy-eight or in pursuance of section eighty-one of that Act;
(c)in the removal of works constructed for the purposes of air-raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement', or in the reinstatement of premises so far as it is rendered necessary by any such removal; or
(d)in pursuance of a scheme under section ten of the Employment and Training Act, 1948.
2Paragraph 3 of Part I of this Schedule does not include expenditure incurred in the performance of functions imposed under section two of the Civil Defence Act, 1948.
3Paragraph 4 of Part I of this Schedule does not include expenses incurred in the management of approved schools or in respect of children sent to approved schools or in respect of remand homes.
4(1)Sub-paragraph (1) (a) of paragraph 5 of Part I of this Schedule does hot include expenditure incurred in connection with the acquisition of land for the redevelopment as a whole of areas of extensive war damage, or for the relocation of population or industry, or the replacement of open space, in the course of such redevelopment.
(2)Sub-paragraph (1) (d) of the said paragraph 5 does not include expenditure incurred in connection with the payment of compensation in respect of land acquired by virtue of section nineteen of the Town and Country Planning Act, 1947.
(3)Sub-paragraphs (1) (d) and (e) of the said paragraph 5 do not include the payment of compensation in respect of land of the National Coal Board to which the Fifth Schedule to the said Act of 1947 applies by virtue of regulations under section ninety of that Act, or in connection with the taking of any action under sections twenty-four to twenty-six of that Act in respect of such land of the National Coal Board.
(4)The said sub-paragraphs (1) (d) and (e) do not include expenditure incurred in connection with the payment of compensation under section twenty-six of the said Act of 1947, or the taking of action under that section, in respect of land in a National Park or area of outstanding natural beauty (within the meaning of the National Parks and Access to the Countryside Act, 1949) or any such expenditure as, under subsection (7) of section ninety-seven of the said Act of 1949, is to be treated for the purposes of that section as expenditure under the said section twenty-six and do not include expenditure in connection with the payment of compensation under tree-preservation orders under section twenty-eight of the said Act of 1947 in respect of such land as aforesaid.
(5)The said paragraph 5 does not include expenditure incurred in connection with the acquisition of any building excepted by direction of the Minister as being a building of outstanding historical or architectural interest, or the carrying out of any work of restoration, repair, maintenance or adaptation on or in the case of such a building.
(6)Sub-paragraphs (2) and (3) of the said paragraph 5 shall apply in relation to this paragraph as they apply to relation to that paragraph.
5Part I of this Schedule does not include expenditure of any of the kinds specified in subsection (2) of section two of the Town Development Act, 1952 (which empowers the Minister to make contributions to councils of receiving districts in respect of certain expenditure).
PART IIIAmount of General Grants
1The basic grant shall be a grant of an amount equal to the aggregate of—
(a)an amount arrived at by multiplying a prescribed sum by the estimated population of the area of the authority, and
(b)an amount arrived at by multiplying a prescribed sum by the estimated number of children in that population under fifteen years of age.
2In the case of every recipient authority, a supplementary grant shall be payable of an amount arrived at by multiplying a prescribed sum by the estimated number of persons under five years of age in the area of the authority.
3In the case of every recipient authority, a supplementary grant shall be payable of an amount arrived at by multiplying a prescribed sum by the estimated number of persons over sixty-five years of age in the area of the authority.
4(1)A supplementary grant shall be payable if the estimated ratio which the aggregate number of pupils on the registers of schools maintained or assisted by the local education authority, of pupils at other schools the fees for whose education are paid by that authority (such adjustment being made, in the case of pupils in schools in receipt of grant from the Minister of Education or any description of such schools, as may be prescribed), and of children in attendance at occupation centres provided for the purpose of paragraph (cc) of section thirty of the Mental Deficiency Act, 1913 bears to the population of the area of the authority exceeds a prescribed ratio, and the amount of the grant shall be a prescribed sum multiplied by the excess and by the estimated population of the area of the authority.
(2)For the purposes of this paragraph—
(a)children belonging to the area of one local education authority who are pupils on the register of a school maintained or assisted by the local education authority for another area shall, if it is so prescribed, be treated as if the school were maintained or assisted by the authority for the first-mentioned area and not by the authority for the other area;
(b)children belonging to the area of one local health authority who are in attendance at occupation centres provided by the local health authority for another area shall, if it is so prescribed, be treated as if the centre were provided by the authority for the first-mentioned area and not by the authority for the other area.
5A supplementary grant shall be payable if the estimated number of persons per acre in the area of the authority exceeds a prescribed number, and the amount of the grant shall be the percentage of the basic grant arrived at by multiplying the excess by a prescribed percentage.
6A supplementary grant shall be payable if the ratio of the road-mileage of the area of the authority to the estimated population of the area exceeds a prescribed ratio, and the amount of the grant shall be a proportion of the basic grant arrived at by applying to the amount of the basic grant a prescribed percentage multiplied by the ratio of the road-mileage to the estimated population of the area, so however that the supplementary grant shall not exceed a prescribed proportion of the basic grant.
7A supplementary grant shall be payable if the estimated population of the area of the authority has declined over a prescribed period, and the percentage decline over that period exceeds a prescribed percentage, and the amount of the grant shall be an amount equal to the percentage of the basic grant arrived at by multiplying the excess by a prescribed fraction or number.
8(1)A supplementary grant shall be payable if the area of the authority or a part of it lies within the metropolitan district, and the amount of the grant shall be a prescribed percentage of the basic grant, being such percentage as appears to the Minister appropriate having regard to the higher level of prices, costs and remuneration in and around the area.
(2)Different percentages may be prescribed for the purposes of this paragraph in relation to authorities whose area lies wholly within the metropolitan district and authorities whose area lies partly within the district and partly outside it.
(3)In this paragraph " metropolitan district" means the administrative county of London together with the remainder of the Metropolitan Police District.
9A general grant order may prescribe the manner in which, and date as at which, population or the number of persons of any description is to be estimated for any of the purposes of this Schedule.
PART IVAdjustments of General Grants for pooling, etc., arrangements
Pooling of certain Expenditure of Education and Health Authorities
1(1)In respect of expenditure to which this paragraph applies, general grants shall be subject to adjustment in accordance with the following provisions of this paragraph.
(2)The appropriate Minister may by regulations, subject to annulment in pursuance of a resolution of either House of Parliament, provide for ascertaining the aggregate of the expenditure to which this paragraph applies of all recipient authorities, for apportioning the aggregate among the authorities, and for ascertaining the amount by which the general grant to each authority ought to be increased or decreased.
(3)The appropriate Minister shall, in accordance with regulations under this paragraph, certify to the Minister, at such times as may be provided by the regulations,—
(a)the estimated amount of the increases and decreases of general grant which ought to be made for any year,
(b)the actual amount of those increases and decreases,
and the Minister shall in paying general grants for any year adjust the amount of the grants in accordance with the certified estimated amounts and shall in paying general grants for the earliest practicable subsequent year make any adjustment necessary to offset differences between the estimated and actual amounts certified.
(4)This paragraph applies to expenditure incurred—
(a)in establishing, maintaining, or assisting colleges or other institutions for the training of teachers or in providing or assisting the provision of other facilities specified in directions under section sixty-two of the Education Act, 1944,
(b)in making payments, in such cases as may be prescribed by regulations under this paragraph, to or in respect of persons taking teachers' training or further training courses,
(c)in the provision, or in assisting the provision, of such facilities for further education of an advanced character as may be specified by or under regulations under this paragraph,
(d)in the making of provision for primary, secondary or further education of pupils not belonging to the area of any local education authority,
(e)in the training of persons to become health visitors or midwives or in respect of persons who are being so trained.
Adjustment of aggregate of general grants
2The aggregate amount prescribed under section one of this Act for any year shall be reduced by—
(a)one-half of the expenditure incurred in that year under section twenty-three of the Fire Services Act, 1947, on the central training institution;
(b)three-quarters of the expenditure so incurred on local training centres ;
(c)such proportion not exceeding one-half as the Secretary of State may with the consent of the Treasury determine of the expenditure incurred by the Secretary of State in that year under sections forty-five and forty-six of the Children Act, 1948.
Section 12.
SECOND SCHEDULENew provisions for rating Electricity Boards
PART ICalculation of rateable value on which rates are to be assessed
1For any year, the rateable value of the hereditament which an Electricity Board is to be treated as occupying in any rating area as mentioned in subsection (1) of section twelve of this Act shall be the value of the distribution activities of the Board for that area and year, increased, in the case of a Board carrying on generating activities in the area, by the value for that area and year of the generating activities of the Board.
2The value of the said activities for a rating area shall be an apportioned part of the aggregate value of the activities, and the apportionment shall be made—
(a)in the case of distribution activities, by reference to the aggregate net annual value of the rating area, or so much thereof as is comprised in the area of the Board, and of the area of the Board,
(b)in the case of generating activities, by reference to the generating capacity of the Board in the rating area and the aggregate generating capacity of the Board.
3(1)The aggregate value of the generating and of the distribution activities of the Generating Board shall each be taken to be one half of the Board's basic value for the year (as hereinafter determined).
(2)The aggregate value of the generating activities' of an Area Board shall be taken to be an amount which bears to the aggregate value of the generating activities of the Generating Board the same proportion as the aggregate generating capacity of the Area Board bears to the aggregate generating capacity of the Generating Board, and the aggregate value of the distribution activities of an Area Board shall be taken to be the Board's basic value for the year (as hereinafter determined) reduced, in the case of a Board carrying on generating activities, by the aggregate value of the generating activities.
4(1)The basic value of an Electricity Board for any year shall be determined as follows.
(2)As soon as may be after the passing of this Act the Minister shall certify to each Electricity Board the amount which is to be the basic electricity rateable value.
(3)The amount to be certified by the Minister as the basic electricity rateable value shall be the amount estimated by him to represent the amount of the payment in lieu of rates made or to be made for the benefit of local authorities by the Electricity Council under Part V of the Act of 1948 in respect of the year 1958-59—
(a)multiplied by the fraction of which the numerator is the estimated rateable value for England and Wales for that year and the denominator is the estimated aggregate gross charge to rates for England and Wales for that year, and
(b)reduced by the estimated aggregate net annual values at the beginning of the year 1959-60 of all premises in respect of which the Electricity Council or an Electricity Board will by virtue of Part I of this Act then become liable to be rated,
and adjusted in such manner as appears to the Minister to be proper having regard to any other relevant considerations.
(4)For the year 1959-60 the basic value of an Electricity Board shall be its share of the basic electricity rateable value, that is to say the percentage of that value set out in the following table.
Electricity Board | Percentage |
---|
Generating Board | 50.000 |
London Area | 7.055 |
South Eastern Area | 3.454 |
Southern Area | 4.256 |
South Western Area | 2.073 |
Eastern Area | 4.949 |
East Midlands Area | 4.204 |
Midlands Area | 4.990 |
South Wales Area | 2.359 |
Merseyside and North Wales Area | 3.047 |
Yorkshire Area | 4.972 |
North Eastern Area | 3.107 |
North Western Area | 5.534 |
(5)For any subsequent year the basic value of an Electricity Board shall be its share of the basic electricity rateable value adjusted as hereinafter mentioned by reference to the excess or deficiency of the Board's output, as calculated and certified by the Board, in the twelve months ending with the thirty-first day of December falling next but one before the beginning of the year for which the basic value is being ascertained, as compared with the Board's standard output, as hereinafter defined.
(6)The adjustment mentioned in the foregoing sub-paragraph shall be effected by multiplying the Board's share of the basic electricity rateable value by the fraction of which the numerator is the Board's standard output increased by one-fifth of the excess mentioned in the foregoing sub-paragraph or, as the case may be, decreased by one-fifth of the deficiency therein mentioned, and the denominator is the Board's standard output.
(7)For the purposes of the foregoing sub-paragraph the standard output of the Generating Board is the output of the Central Electricity Authority in the twelve months ending with the thirty-first day of December, nineteen hundred and fifty-seven, as calculated and certified by the Generating Board, and the standard output of any Area Board is the output of that Board in that twelve months, as calculated and certified by that Board ; and for the purposes of this paragraph " output "—
(a)in relation to the Central Electricity Authority or the Generating Board, means the total number of units of electricity supplied by the Authority or Board to Area Boards or direct to consumers in England and Wales ;
(b)in relation to an Area Board, means the total number of units of electricity purchased or generated by the Board for supply direct to consumers, together with the estimated number of units of electricity supplied by the South of Scotland Electricity Board direct to consumers in the area of the Area Board, as certified by the South of Scotland Electricity Board.
(8)If it appears to the Minister that by reason of any substantial change of circumstances it is expedient so to do, he may by order made after consultation with the Electricity Council and 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, vary the amount which for the purposes of this Schedule is to be the basic electricity rateable value, but an order under this sub-paragraph shall not have effect until approved by a resolution of each House of Parliament.
Any order under this sub-paragraph may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions.
5(1)For the purposes of this Schedule an Electricity Board shall be treated, as respects any year, as carrying on generating activities, or carrying on such activities in a particular area, if (but only (f) on the thirty-first day of March falling next but one before the beginning of that year there was a generating station in commission for operation by the Board, or as the case may be, there was a generating station in commission as aforesaid in that area.
(2)For the purposes of this Schedule the generating capacity or aggregate generating capacity of an Electricity Board for any year shall be taken to be the installed capacity or aggregate installed capacity, that is to say the maximum amount of electricity, as certified by the Board, capable of being generated in the station or stations in question at the thirty-first day of March falling next but one before the beginning of that year; and the said maximum amount shall be certified on the footing that all generators which were installed at any thirty-first day of March were capable of being fully used at that time.
(3)For the purposes of this Schedule a generating station situated partly in one rating area and partly in one or more other rating areas shall be treated as situated in each of the areas and its generating capacity, on any date, shall be treated as apportioned between the areas in such manner as may be agreed between the rating authorities of the areas and the Electricity Board.
(4)If the apportionment required by the foregoing sub-paragraph has not been agreed before the end of the month of September following the date as at which it is to be made, it shall be made by the Minister and notified by him to the rating authorities and the Board as soon as may be after the end of that month.
(5)For the purposes of this Schedule any group of premises lying within one curtilage and occupied for the purposes of the generation of electricity shall be treated as one generating station; and a group of premises shall not be treated as not lying within one curtilage by reason only that it is traversed by a public highway or inland waterway.
6(1)For the purposes of this Schedule the aggregate net annual value of a rating area for any year shall be taken to be the aggregate, as estimated and certified by the Commissioners of Inland Revenue (hereinafter referred to as " the Commissioners") of the rateable value (or, where that value differs from the net annual value, of the net annual value) of every hereditament the rateable value of which appears in the valuation list for the area on the first day of April in the preceding year, other than any hereditament so appearing in pursuance of section twelve of this Act or section six of the Act of 1955, and of the values appearing to the Commissioners to represent the net annual values of hereditaments occupied by or on behalf of the Crown.
(2)For the purposes of this Schedule the aggregate net annual value for any year of the area of an Electricity Board, or of any part of a rating area of which part only is comprised within the area of an Electricity Board, shall be ascertained by such aggregation or apportionment as may be required; and any apportionment under this sub-paragraph shall be made, and the result thereof certified, by the Commissioners.
(3)References in this Schedule to the area of an Electricity Board shall be construed, in relation to the Generating Board, as references to the whole of England and Wales.
PART IISupplementary provisions
7It shall be the duty of each Electricity Board, before the sixteenth day of October preceding the beginning of any rate period in respect of which that Board will fall to be treated as occupying, in a rating area, a hereditament of a rateable value calculated in accordance with Part I of this Schedule, to transmit to the Commissioners a statement setting out particulars of all matters estimated, calculated and certified (otherwise than by the Minister or the Commissioners) for the purpose of computing the rateable value of that hereditament.
8Before the fifteenth day of November preceding the beginning of the rate period the Commissioners shall transmit particulars to each Electricity Board of the aggregate net annual value of the area of the Board and of each rating area or part of a rating area within the area of the Board.
9Before the said fifteenth day of November the Commissioners shall notify to each rating authority the particulars necessary to enable the authority to calculate the rateable value of the hereditament which any Electricity Board is to be treated as occupying in the area of the authority.
10The Commissioners shall calculate the rateable value of the hereditament which any Electricity Board is to be treated as occupying during the rate period in question, and shall notify the amount of that rateable value to the rating authority before the end of the month of December preceding the beginning of the rate period.
11Where the Commissioners notify the amount of a rateable value to the rating authority in respect of an Electricity Board in accordance with the foregoing paragraph.—
(a)the rating authority, in making and levying any rate for a rate period to which the notification relates, and in compiling any rate book relating to such a rate, shall include the Board as the occupiers of a hereditament of that rateable value ; and
(b)the valuation officer, at or as soon as may be after the beginning of the year consisting of or comprising any such rate period, shall cause such alterations (if any) to be made in the valuation list for that area as may be requisite for showing the Board in the list as the occupiers of a hereditament of that rateable value ; and if any such alteration is made after the beginning of the year, it shall be treated as having been made at the beginning of the year:
Provided that if the year referred to in sub-paragraph (b) of this paragraph is a year beginning with the date on which a new valuation list for that area comes into force, that sub-paragraph shall not apply, but the valuation officer shall include the Board in the fist as the occupiers of a hereditament of the said rateable value.
12No proposal shall be made under Part III of the Act of 1948 for the alteration of a valuation list in so far as it relates to a hereditament included in the list by virtue of the foregoing paragraph.
Sections 17, 25.
THIRD SCHEDULESpecial Review Areas
1The special review areas for the purposes of Part II of this Act are the Tyneside, West Yorkshire, South East Lancashire, Mersey-side and West Midlands Areas hereinafter defined.
2The Tyneside Area shall consist of the county boroughs of Gateshead, Newcastle upon Tyne, South Shields and Tynemouth, the following county districts in the county of Durham, that is to say the borough of Jarrow and the urban districts of Blaydon, Felling, Hebburn, Ryton and Whickham, and the following county districts in the county of Northumberland, that is to say the boroughs of Wall-send and Whitley Bay and the urban districts of Gosforth, Long-benton and Newburn.
3The West Yorkshire Area shall consist of the county boroughs of Bradford, Dewsbury, Halifax, Huddersfield, Leeds and Wakefield, and the following county districts in the county of the West Riding of Yorkshire, that is to say the boroughs of Batley, Brighouse, Castle-ford, Keighley, Morley, Ossett, Pontefract, Pudsey and Spenborough and the urban districts of Aireborough, Baildon, Bingley, Colne Valley, Denby Dale, Denholme, Elland, Featherstone, Heckmond-wike, Holmfirth, Horbury, Horsforth, Kirkburton, Knottingley, Mel-tham, Mirfield, Normanton, Queensbury and Shelf, Ripponden, Rothwell, Shipley, Sowerby Bridge and Stanley.
4The South East Lancashire Area shall consist of the county boroughs of Bolton, Bury, Manchester, Oldham, Rochdale, Salford and Stockport, the following county districts and parishes in the county of Chester, that is to say the boroughs of Altrin-cham, Dukinfield, Hyde, Sale and Stalybridge, the urban districts of Alderley Edge, Bowdon, Bredbury and Romiley, Cheadle and Gatley, Hale, Hazel Grove and Bramhall, Marple and Wilmslow, the rural district of Disley and the parishes of Carrington, Partington and Ringway in the rural district of Bucklow, and the following county districts in the county of Lancaster, that is to say the boroughs of Ashton-under-Lyne, Eccles, Farnworth, Heywood, Middleton, Mossley, Prestwich, Radclifte, Stretford and Swinton and Pendlebury and the urban districts of Audenshaw, Chadderton, Crompton, Denton, Droylsden, Failsworth, Horwich, Irlam, Kearsley, Lees, Littleborough, Little Lever, Miln-row, Roy ton, Tottington, Urmston, Wardle, Westhoughton, White-field, Whitworth and Worsley.
5The Merseyside Area shall consist of the county boroughs of Birkenhead, Bootle, Liverpool and Wallasey, the following county districts in -the county of Chester, that is to say the boroughs of Bebington and Ellesmere Port and the urban districts of Hoylake, Neston and Wirral, and the following county districts and parishes in the county of Lancaster, that is to say the borough of Crosby, the urban districts of Huyton-with-Roby, Kirkby and Litherland, and the parishes of Aintree and Simonswood in the rural district of West Lancashire.
6The West Midlands Area shall consist of the county boroughs of Birmingham, Dudley, Smethwick, Walsall, West Bromwich and Wolverhampton, the following county districts in the county of Stafford, that is to say the boroughs of Bilston, Rowley Regis, Tipton and Wednesbury, and the urban districts of Aldridge, Amblecote, Brierley Hill, Brownhills, Coseley, Darlaston, Sedgley, Tettenhall, Wednesfield and Willenhall, the following boroughs in the county of Warwick, that is to say Solihull and Sutton Coldfield, the parishes of Castle Bromwich and Kingshurst in the rural district of Meriden in that county, and the following boroughs in the county of Worcester, that is to say Halesowen, Oldbury and Stourbridge.
7The provisions of this Schedule shall have effect subject to the provisions of Part II of this Act authorising the variation of special review areas.
Section 17.
FOURTH SCHEDULEConstitution and Proceedings of Local Government Commissions
Constitution
1(1)The Commissions shall be bodies corporate by the respective names of the Local Government Commission for England and the Local Government Commission for Wales.
(2)Each of the Commissions shall consist of a chairman, a deputy chairman, and not more than five other members.
(3)At least one of the members of the Local Government Commission for Wales shall be a person able to speak the Welsh language.
2(1)The members of the Commissions shall be appointed by Her Majesty, and shall hold and vacate office in accordance with the terms of their respective appointments.
(2)A person who has ceased to be a member of either of the Commissions shall be eligible for re-appointment.
3Part II of the First Schedule to the House of Commons Disqualification Act, 1957 (which specifies certain commissions, tribunals and other bodies all members of which are disqualified under that Act) shall have effect, in its application to the House of Commons of the Parliament of the United Kingdom, as if after the entry relating to the Leather Industries Export Corporation there were inserted:—
4There shall be paid to a member of either of the Commissions such salary or fees and allowances as may be from time to time determined by the Treasury.
5Each of the Commissions shall have a common seal, which shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.
Capacity and proceedings
6Each of the Commissions shall have power to act notwithstanding a vacancy among the members thereof, and at any meeting three shall be the quorum.
7All acts done at a meeting of either of the Commissions shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member thereof, be as valid as if the defect had not existed.
8Each of the Commissions may delegate, either to a member or members of the Commission or to a person appointed by the Commission for the purpose, any of their functions under this Act other than the preparation and formulation of proposals and the preparation of a report.
9Subject to the foregoing provisions of this Schedule, and to any regulations made or directions given under Part II of this Act, the procedure of each of the Commissions shall be such as the Commission may from time to time determine.
Officers and servants, and remuneration and expenses
10Each of the Commissions may appoint a secretary and such number of officers and servants as may be determined by the Commission after consultation with the Minister and with the consent of the Treasury, and there shall be paid to the secretary, officers and servants of each of the Commissions such salaries, fees and allowances as may be so determined.
11The expenses of each of the Commissions, and the salaries, fees and allowances of their members and their secretary, officers and servants, shall be defrayed out of moneys provided by Parliament.
Proof of documents
12(1)Every document purporting to be an instrument made or issued by either of the Commissions 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 shall, unless the contrary is proved, 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 to be a true copy of the instrument by or on behalf of the secretary.
Sections 17, 66.
FIFTH SCHEDULEThe Metropolitan Area
For the purposes of this Act the metropolitan area shall consist of the administrative counties of London and Middlesex, the county boroughs of Croydon, East Ham and West Ham, the following county districts in the county of Surrey, that is to say the boroughs of Barnes, Beddington and Wallington, Epsom and Ewell, Kingston-upon-Thames, Maiden and Coombe, Mitcham, Richmond, Surbiton, Sutton and Cheam and Wimbledon and the urban districts of Banstead, Carshalton, Caterham and Warlingham, Coulsdon and Purley, Esher, Merton and Morden and Walton and Weybridge, the following county districts in the county of Kent, that is to say the boroughs of Beckenham, Bexley, Bromley, Dartford and Erith and the urban districts of Chislehurst and Sidcup, Crayford, Orpington and Penge, the following county districts and parishes in the county of Hertford, that is to say the borough of Watford, the urban districts of Barnet, Bushey, Cheshunt, Chorleywood, East Barnet and Rickmansworth, the rural district of Elstree and the parish of Northaw in the rural district of Hatfield and the parishes of Aldenham and Watford Rural in the rural district of Watford, and the following county districts in the county of Essex, that is to say the boroughs of Barking, Chingford, Dagenharn, Hford, Leyton, Romford, Walthamstow and Wanstead and Woodford and the urban districts of Chigwell, Hornchurch and Waltham Holy Cross.
Sections 26, 27, 42.
SIXTH SCHEDULEProvisions as to Joint Boards
1Effect may be given to any proposals approved or affirmed by the Minister, in pursuance of subsection (3) of section twenty-six of this Act, by an order made by the appropriate Minister.
2An order of the appropriate (Minister made under the foregoing paragraph for giving effect to proposals for the establishment of a joint board may contain provision—
(a)for the constitution and incorporation of the joint board ;
(b)for conferring on the joint board any of the powers of any of the constituent members (being powers conferred by or under enactments relating to the purposes for which the board is constituted), and for conferring such powers subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the exercise of the powers by the constituent member), or free from any limitation or condition so specified which applies to the exercise of the powers by the constituent member;
(c)as to the extent to which and manner in which the joint board is to have power to borrow money ;
(d)for prohibiting or restricting, within the district for which the board is constituted, the discharge by other authorities or bodies of persons of functions exercisable by the board, or for the exercise within that district of such functions by other authorities or bodies of persons concurrently with the board or by virtue of delegation by the board;
(e)for empowering the board to acquire land by agreement or, if authorised by the appropriate Minister, compulsorily, and for applying in relation to the board the provisions of the Acquisition of Land (Authorisation Procedure) Act, 1946;
(f)for applying to the board the provisions of section one hundred and thirty of the Act of 1948 (under which local authorities can insure against accidents to their members) ;
(g)as to the procedure of the board (including its quorum);
(h)for appointing the date as from which the board is to exercise its functions;
(i)in the case of a board constituted for the purpose of supplying water, for any matter for which provision could be made by an order under section nine of the Water Act, 1945 (which relates to the combination of water undertakers and the transfer of undertakings) other than the provision of a supply of water in bulk and the compulsory acquisition of rights to take water.
3Section two hundred and ninety-three of the Act of 1933 (which enables provisions of that Act to .be applied to joint boards the constituent members of which are local authorities) shall apply to any joint board constituted by order under paragraph 1 of this Schedule if any of its constituent members are local authorities.
4Section three hundred and nine of the Public Health Act, 1936 (which provides for defraying expenses of joint boards constituted under that Act) shall apply to joint boards constituted by order under paragraph 1 of this Schedule.
5(1)Where the appropriate Minister proposes to make an order under paragraph 1 of this Schedule—
(a)he shall prepare a draft of the order and shall send copies of the draft to the constituent members and to any other local or public authority or body of persons appearing to him to be concerned ;
(b)he shall consider any representations made to him with respect to the draft within such period as he may have specified in sending out the draft, and may then make an order either in terms of the draft or subject to such modifications as he thinks proper.
(2)In this paragraph " constituent member" means, in relation to a draft order for establishing a joint board, the authorities specified in the draft as constituent members of the proposed board, and in relation to a draft order for dissolving, or varying the constitution, functions or area, of a joint board, the constituent members of the joint board.
Section 28.
SEVENTH SCHEDULEBoroughs included in rural districts
Status of boroughs included in rural districts
1(1)On the inclusion of a borough in a rural district—
(a)the Municipal Corporations Act, 1882, and the provisions of the Act of 1933 relating to boroughs shall cease to apply to it;
(b)any other provision made with respect to local authorities, or the areas, functions or officers of local authorities, by any enactment passed or instrument made before the commencement of this Act, except a provision as to any matter as to which provision is made by this Act, shall apply in relation to the borough as it applies in relation to a parish having a separate parish council,
except as otherwise provided in this Schedule.
(2)References in any enactment or instrument (whether passed or made before or after the commencement of this Act) to a borough shall be construed, except as otherwise provided in this Schedule, as not including a borough which has been included in a rural district, and, in any provision applied by sub-paragraph (1) of this paragraph, references to a parish council and the chairman of such a council shall be construed as including respectively the council and the mayor of such a borough.
(3)On the inclusion of a borough in a rural district any power under its charter to make byelaws shall, except as otherwise provided by the order effecting the inclusion, cease, but without prejudice to any power of the council of the borough under the provisions applied by sub-paragraph (1) of this paragraph.
(4)Notwithstanding .the inclusion of a borough in a rural district any parish comprised in the borough shall remain an urban parish.
Power to act by council
2The corporation of a borough which has been included in a rural district shall be capable of acting by the council of the borough.
Name of corporation
3On the inclusion of a borough in a rural district the corporate name of its inhabitants shall be changed by the omission of the word " aldermen ".
Status and composition of council
4(1)The council of a borough which has been included in a rural district shall be a local authority within the meaning of the Act of 1933 and shall consist of the mayor and councillors.
(2)There shall be no parish meeting for such a borough, and any power exercisable, under the provisions applied by sub-paragraph (1) of paragraph 1 of this Schedule, by a parish meeting shall in the case of such a borough be exercisable by the council thereof and so much of those provisions as requires the consent of the parish meeting, and section forty-five of the Act of 1933 (which enables a county council on the application of a parish meeting to group parishes under a common parish council) shall not apply to such a borough.
Mayor and deputy mayor
5(1)The mayor of a borough which has been included in a rural district shall be elected annually by the council from among the councillors or persons qualified to be councillors of the borough.
(2)The election of the mayor shall be the first business transacted at the annual meeting of the council.
(3)The mayor shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor is elected.
(4)During his term of office the mayor shall continue to be a member of the council, notwithstanding the provisions of this Schedule relating to the retirement of councillors.
(5)The council may pay to the mayor for the purpose of enabling him to meet the expenses of his office such allowance as the council may think reasonable.
(6)The mayor shall have precedence in all places in the borough, but this sub-paragraph shall not affect Her Majesty's royal prerogative.
(7)The mayor may appoint a member of the council to be deputy mayor.
(8)The deputy mayor shall, unless he resigns or ceases to be qualified or becomes disqualified, hold office until immediately after the election of a mayor 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.
(9)Subject to any standing orders made by the council of the borough, anything authorised or required to be done by, to or before the mayor may be done by, to or before the deputy mayor.
Number and election of councillors
6(1)The number of councillors of a borough which has been included in a rural district shall be such number, not being less than five nor more than twenty-one, as may be fixed from time to time by the Minister.
(2)The term of office of councillor shall be three years and shall begin and end on the twentieth day of May, except that a person elected to fill a casual vacancy, among councillors shall hold office from the date of his election until the date on which the person in whose place he .was elected would have been due to retire.
(3)The councillors shall be elected by the local government electors for the borough except that a casual vacancy among councillors shall be filled by the council, which shall be convened forthwith for that purpose.
(4)An order for the inclusion of a borough in a rural district may divide it into wards for the purpose of the election of councillors ; and (without prejudice to the generality of paragraph 1 of this Schedule) sections fifty-two and fifty-five of the Act of 1933 shall apply in relation to boroughs included in rural districts, and the wards and councillors of such boroughs, as they apply in relation to parishes, parish wards and parish councillors.
Consequential amendments of Representation of the People Act, 1949
7(1)The Representation of the People Act, 1949, shall be amended as follows.
(2)In section twenty-three, in subsection (7), after the words " rural district" there shall be inserted the words " rural borough ".
(3)In section twenty-nine, in subsection (1), for the Words " district or parish councillors " there shall be substituted the words " district, rural borough or parish councillors ", and for the words " district election rules or parish election rules " there shall be substituted the words " district election rules, rural borough election rules or parish election rules "; in subsection (2), for the words " district or parish election rules" in both places where they occur, there shall be substituted the words " district, rural borough or parish election rules " ; and in subsection (5), after the word " District" there shall be inserted the words " rural borough ".
(4)In section thirty-four, for the words from " in cases " to the end of the section there shall be substituted the words " in cases where the polls at elections of rural district councillors, rural borough councillors, and parish councillors or any two of such elections are held together, to all or both of those elections ".
(5)In section thirty-six, in subsection (4), after the words " parish councillors " there shall be inserted the words " or (under that section as applied to rural boroughs by the Local Government Act, 1958) with respect to an election of rural borough councillors " and after the words " parish election rules " there shall be inserted the words " or, as the case may be, rural borough election rules ".
(6)In section seventy-eight, in subsection (1), after the words "election of" there shall be inserted the words " rural borough councillors or " and after the words " prescribed by " there shall be inserted the words " rural borough election rules or ".
(7)In section one hundred and thirty-nine, in subsection (3), in the definition of "corporate office" after the words "borough, district" there shall be inserted the words " rural borough ".
(8)In section one hundred and sixty-five, in subsection (1), for the words " district or parish councillors " there shall be substituted the words " district, rural borough or parish councillors " and after the words " district council or" there shall be inserted the words " mayor of a rural borough or chairman of a ", for the words " district or parish election rules " there shall be substituted the words " district, rural borough or parish election rules ", and for the words "an election of district or parish councillors not regulated by district or parish election rules" there shall be substituted the words " an election of district, rural borough or parish councillors not regulated by district, rural borough or parish election rules ".
(9)In section one hundred and seventy-two, in subsection (1), in the definition of " local government Act", after the words " Local Government Act, 1933," there shall be inserted the words " or the Local Government Act, 1958 " ; in the definition of " local government area", after the word "district" there shall be inserted the words " rural borough " ; and at the end of the subsection there shall be added the following definition—
Consequential amendments of Local Government Elections Act, 1956
8(1)In section three of the Local Government Elections Act, 1956, there shall be added the following subsection—
“(2)A rural borough divided into rural borough wards shall not, for the purpose of the election of councillors for the rural district in which the rural borough is situate, be divided into wards any one of which is not co-extensive with a rural borough ward or a combination of rural borough wards”.
(2)In subsection (2) of section four of the said Act of 1956, in sub-paragraph (i) of paragraph (b) there shall be inserted, at the beginning of the paragraph, the words " an election of rural borough councillors for a rural borough within the district or ".
(3)In subsection (3) of the said section four, after the words " at an election of", in the second place where they occur, there shall be inserted the words " rural borough councillors or ".
(4)In section eight of the said Act of 1956, the following paragraph shall be added at the end of subsection (2)—
“(c)the expression ' rural borough' means a borough which has been included in a rural district, and the expression ' rural borough ward' means one of the wards into which a rural borough may be divided for the purpose of the election of rural borough councillors”.
Town clerk and other officers
9(1)The person appointed under section one hundred and fourteen of the Act of 1933 as applied by paragraph 1 of this Schedule to be clerk of the council of a borough which has been included in a rural district shall be styled town clerk.
(2)The council of a borough which has been included in a rural district shall have power, in addition to that conferred by the said section one hundred and fourteen as so applied, to appoint such officers and servants (who shall hold office or be employed during the pleasure of the council) as the council think necessary for the efficient discharge of the functions of the council, and may pay to any person appointed under this sub-paragraph such reasonable remuneration as they may determine.
Power to take security
10The council of a borough which has been included in a rural district shall have the same power under section one hundred and nineteen of the Act of 1933 to take security as if the borough had not been so included, and any officer appointed by the council from among their number shall for the purposes of that section be deemed to be an officer employed by them.
Additional expenses of council
11An order for the inclusion of a borough in a rural district may modify subsection (3) of section one hundred and ninety-three of the Act of 1933 in its application to the borough by adding such expenses as may be specified in the order to those which are exempted from the limit imposed by that subsection on the sums that may be raised to meet the expenses of the council.
Saving for boroughs being counties and boroughs having separate commissions of the peace
12(1)Paragraph 1 of this Schedule shall not affect the application or construction of any enactment in so far as it refers to a borough as an area being a county of itself or having a sheriff or an area for which justices are appointed or an area having a separate court of quarter sessions, except that section one hundred and seventy-one of the Municipal Corporations Act, 1882 (which relates to the appointment of coroners) shall not apply to a borough which has been included in a rural district.
Provisions as to land
13(1)The corporation of a borough which has been included in a rural district shall have power to hold land for the purposes of their constitution without licence in mortmain.
(2)Without prejudice to any power to acquire land under the provisions applied by sub-paragraph (1) of paragraph ,1 of this Schedule, where a borough has been included in a rural district any power under its charter to acquire land shall cease, but (whether or not its charter confers any such power) the council of the borough shall have power to acquire land in exchange for, or with capital money arising from, corporate land of the borough.
(3)For the purposes of their functions under subsection (1) of section twenty-five of the Justices of the Peace Act, 1949 (which relates to the provision of court houses) the council of a borough which has been included in a rural district shall have the same powers of acquiring or appropriating land as if it had not been so included.
(4)Sections one hundred and sixty-three and one hundred and seventy-two and paragraph (a) of section two hundred and seventeen of the Act of 1933 (which confer powers of appropriation of land and disposal of corporate land and contain savings for mortgages) shall apply in relation to a borough which has been included in a rural district as they apply in relation to a borough not so included.
(5)In this paragraph " corporate land" has the same meaning as in the Act of 1933.
Application of enactments relating to trusts, freemen, and records and documents
14The following enactments shall apply in relation to a borough which has been included in a rural district as they apply in relation to a borough not so included, that is to say, sections one hundred and thirty-four and one hundred and thirty-five of the Municipal Corporations Act, 1882, and Part XIV, subsection (2) of section two hundred and seventy-nine and subsection (5) of section two hundred and eighty-three of the Act of 1933.
Saving for charter
15The inclusion of a borough in a rural district shall not affect the provisions of its charter except in so far as they are inconsistent with the foregoing provisions of this Schedule or with any provision of the order effecting the inclusion or of any order amending that order.
Surrender of charter
16Where a borough has been included in a rural district no petition shall be presented for the amendment of its charter or the grant to it of an amending or supplementary charter ; but if a petition is presented for the acceptance of a surrender of its charter the Minister may by order provide for the conversion of the borough into a parish, and section thirty-eight of this Act shall apply accordingly.
Section 62.
EIGHTH SCHEDULEMinor and consequential amendments
1(1)In section six of the Teachers (Superannuation) Act, 1925, in subsection (2), the reference to employment in respect of which a grant is made out of moneys provided by Parliament shall include a reference to employment the remuneration of which is relevant expenditure for the purposes of the provisions of this Act relating to general grants.
(2)In section twenty-one of the said Act of 1925, in paragraph (b) of subsection (1), the reference to institutions in receipt of a grant, or in respect of which a grant is made, out of moneys provided by Parliament shall include a reference to institutions in respect of which expenditure is incurred which is relevant expenditure within the meaning of the said provisions.
2(1)Where contributions under section eighty-six of the Children and Young Persons Act, 1933, in respect of a child or young person committed to, or received into, the care of a local authority are payable, by the person liable to make the contributions, to an authority other than the authority responsible for maintenance, the authority receiving the contributions from the said person shall pay them over to the authority responsible for maintenance, subject however to such deductions in respect of services rendered by the authority paying the contributions over as may be agreed between the two authorities or as in default of agreement may be determined by the Secretary of State.
(2)In the foregoing sub-paragraph references to the authority responsible for maintenance—
(a)in relation to a child or young person committed to the care of a local authority, are references to that authority ;
(b)in relation to a child received into the care of a local authority, are references to the local authority into whose care the child has been received, except that where the authority to whom the contributions are payable by the person liable to make them has been notified that under subsection (4) of section one of the Children Act, 1948, expenses are being recovered from another authority, the said references shall be construed as references to that other authority.
(3)In subsection (3) of section eighty-six of the Children and Young Persons Act, 1933, after the word " and " where it first occurs there shall be inserted the words " in the case of a child or young person ordered to be sent to an approved school ".
(4)References in paragraph (b) of subsection (2) of section eighty-seven and in subsection (1) of section eighty-eight of the said Act of 1933 to a council entitled to receive contributions shall be construed as references to the council to whom the contributions are payable by the person under a duty to make them.
(5)The power of the Secretary of State under subsection (1) of section eighty-nine of the said Act of 1933 to remit the whole or any part of the payments to which that subsection applies shall cease to be exercisable as respects payments in respect of a child or young person committed to, or received into, the care of a county or county borough council.
3At the end of section eleven of the Act of 1933 (which provides for the alteration of electoral divisions of counties) there shall be added—
“(7)Any order under this section may contain such incidental, consequential or supplementary provisions as appear to be necessary or proper for bringing the order into operation and giving full effect thereto”.
4Any order under subsection (2) of section thirty-eight of the Act of 1933 (which relates to the election of rural district councillors) or any like order made under the Local Government Act, 1929, under Part VI of the Act of 1933 or the corresponding provisions of any enactment repealed by that Act, or under Part II of this Act may be varied or revoked by a subsequent order of the county council; and any such order as aforesaid may contain such incidental, consequential or supplementary provisions as appear to be necessary or proper for bringing the order into operation and giving full effect thereto.
5(1)In subsection (5) of section forty-three of the Act of 1933 (which relates to the establishing of a parish council for a parish included in a grouping order made under section forty-five of the said Act) after the words " as hereinafter defined " there shall be inserted the words " or in a like order made, whether before or after the commencement of this Act, under any other Act ".
(2)In section forty-five of the Act of 1933 (which relates to the grouping of parishes) in subsection (2) after the words "A grouping order" there shall be inserted the words " or the like order under Part II of the Local Government Act, 1958 ".
(3)At the end of subsection (3) of the said section forty-five there shall be added the words " or formed by an order under Part II of the Local Government Act, 1958 ".
(4)Subsection (3) of section fifty-two of the Act of 1933 (which provides for the revocation or variation of orders made under that section dividing a parish into wards for the election of parish councillors) shall apply to the like orders made under the Local Government Act, 1929, under Part VI of the Act of 1933 or the corresponding provisions of any enactment repealed by that Act, or under Part II of this Act; and any order under the said section fifty-two may contain such incidental, consequential or supplementary provisions as appear to be necessary or proper for bringing the order into operation and giving full effect thereto.
6(1)In section one hundred and eight of the Act of 1933, subsection (2) shall cease to have effect.
(2)In section one hundred and ten of the Act of 1933, in subsection (2), for the words from the beginning of the subsection to the end of paragraph (b) there shall be substituted the words " This section applies to a medical officer of health or a sanitary inspector of any county borough or county district other than one existing immediately before the passing of the Local Government Act, 1958, to which this section did not then apply, but for the purposes of this subsection an urban district or rural district shall be treated as having existed before the passing of that Act if it was constituted by the conversion of a rural district or urban district existing at the passing of that Act: ".
7(1)In section one hundred and forty of the Act of 1933, in subsection (1) for the words " council of a borough" there shall be substituted the words " council of a county borough " ; and in paragraph (iii) of the said subsection (1) the words " in the case of a county borough " shall cease to have effect.
(2)In the said subsection (1), in the proviso, for the words from " except in the case " to the end there shall be substituted the words " an order under this section shall not have effect until approved by a resolution of each House of Parliament, " but the following provisions shall have effect where proposals are made to the Minister as mentioned in the said section one hundred and forty:—
(a)the local authority making the proposals shall deposit in the office of the authority such maps illustrating the proposals as the Minister may require, and the maps so deposited shall be available for inspection, without payment, at all reasonable hours by local or public authorities or other persons concerned ;
(b)notice of the submission of the proposals and of the deposit of the maps, together with copies of the proposals and such maps as the Minister may require, shall be sent to every county council, borough council, urban or rural district council, parish council and parish meeting appearing to the council submitting the proposals to be concerned, and the notice shall indicate that representations with respect to the proposals may be made to the Minister within six weeks of the giving of the notice ;
(c)the like notice shall be published in the London Gazette and in one or more newspapers circulating in the locality to which the proposals relate ;
(d)the requirement of the said subsection (1) that the Minister shall cause a local inquiry to be held before making an order shall not apply if the Minister is satisfied in any particular case that an inquiry is unnecessary.
(3)Subsections (2) to (5) of the said section one hundred and forty shall cease to have effect.
(4)Where by an order under the said section one hundred and forty a new borough is constituted by the union of any areas, the order may make provision for the charter of the new borough, by applying thereto, with any necessary exceptions or modifications, the charter of any borough comprised in the union, provisions of charters of two or more boroughs comprised in the union, or the charter of one and provisions of the charters of one or more of the others.
8(1)Section one hundred and forty-one of the Act of 1933 shall have effect as if for the changes specified in subsection (1) thereof there were substituted the changes to be produced by any such means or combination of means as is specified in subsection (3) of section twenty-eight of this Act, excluding the means specified in paragraph (f) of that subsection but including the constitution of new urban parishes by the amalgamation of urban parishes ; and in subsection (7) of the said section one hundred and forty-one for the words from " alteration " to "parts thereof" there shall be substituted the words " constitution of new urban parishes, by the amalgamation of urban parishes ".
(2)The Minister shall not be required to hold a local inquiry before taking further action under subsection (5) of the said section one hundred and forty-one in any case where he is satisfied that the holding of the inquiry is unnecessary.
(3)An order of the Minister confirming an order under the said section one hundred and forty-one constituting a new borough by the amalgamation of a non-county borough with other county districts may make provision for the charter of the new borough, by applying thereto, with any necessary exceptions or modifications, the charter of any amalgamated borough, or, in the case of an amalgamation including two or more boroughs, by applying as aforesaid to the new borough provisions of charters of two or more amalgamated boroughs or the charter of one and provisions of the charters of one or more of the others.
9In section one hundred and forty-three of the Act of 1933, subsection (1) shall cease to have effect, and subsection (2) of that section shall be amended as follows:—
(a)the subsection shall apply to a joint representation by two county councils as it applies to a joint representation by a county council and a county borough council;
(b)the reference to altering the boundary shall include a reference to any transference of part of the county or county borough, as the case may be, but not so as to authorise the abolition of any county district.
10(1)In section one hundred and forty-five of the Act of 1933, in subsection (1), for the words from " shall, by notice " to " boundary line " there shall be substituted the words " shall, by order of which notice shall be published in such manner as he minks fit, declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the watercourse as altered) shall be substituted as the boundary line for the former line of the watercourse ".
(2)Subsection (2) of the said section one hundred and forty-five shall cease to have effect.
11Section one hundred and forty-six of the Act of 1933 shall cease to have effect.
12In section one hundred and forty-seven of the Act of 1933, in subsection (2) for the words from "may" to the end of the subsection there shall be substituted the words " of a non-county borough or of a borough to which the Seventh Schedule to the Local Government Act, 1958, applies may change the name of any urban parish situate in the borough. " ; and in subsection (3) of the said section the words "borough or" shall cease to have effect.
13In section one hundred and forty-eight of the Act of 1933, in subsection (1), after the word " consequential" there shall be inserted the word " transitional ", after the word " purposes " there shall be inserted the words " or in consequence ", and after the word " thereto " there shall be inserted the words " (including provisions applying, amending or repealing any Act) ".
14In section two hundred and seventy-five of the Act of 1933, in paragraph (b), after the words " repealed by this Act" there shall be inserted the words " or under the Local Government Act, 1958 ".
15Subsection (3) of section twenty-five of the Tithe Act, 1936, shall have effect—
(a)as respects the twelve months beginning on the second day of October, nineteen hundred and fifty-eight, as if for the words " six hundred and eighty-five thousand pounds " there were substituted the words " four hundred and eighty-five thousand pounds ";
(b)as respects any subsequent period of twelve months, as if for the first mentioned words there were substituted the words " two hundred and eighty-five thousand pounds ".
16(1)Subsection (1) of section ninety-nine of the Education Act, 1944, shall apply to any failure to discharge a duty imposed by regulations under subsection (4) of section three of this Act as it applies to a failure to discharge a duty imposed for the purposes of the said Act of 1944.
(2)In section one hundred of the said Act of 1944, in paragraph (a) of subsection (1), for the words from " in the exercise of any of their functions" to the end of the paragraph there shall be substituted the words—
“(i)in connection with the provision of milk for pupils in attendance at schools maintained by such authorities or for full-time students under eighteen years of age in attendance at establishments for further education maintained or assisted by such authorities or in receipt of grant from the Minister, or the provision of milk in pursuance of arrangements made under section seventy-eight of this Act;
(ii)in connection with the provision of main mid-day meals for day pupils in attendance at schools maintained by such authorities or the provision of such meals in pursuance of arrangements made under the said section seventy-eight or in pursuance of section eighty-one of this Act;
(iii)in the removal of works constructed for the purposes of air-raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement, and in the reinstatement of premises so far as it is rendered necessary by any such removal”.
17(1)In section one of the Teachers (Superannuation) Act, 1945, in paragraph (a) and in paragraph (b) of subsection (1), the words from "being" to the end shall cease to have effect.
(2)In paragraph (f) of subsection (1) of section one, and in subsection (2) of section two, of the said Act of 1945 after the words " grants are made by the Minister" there shall be inserted the words " or who are in receipt of financial assistance from a local education authority " , and subsection (2) of section thirteen of that Act shall cease to have effect.
18In section seven of the Police Act, 1946, for the words from " at any time " to " 1945 " there shall be substituted the words " an order is made under the Local Government Act, 1958 ", and after the words " specified in the order " there shall be inserted the words " then without prejudice to the provisions of Part II of the said Act of 1958 as to joint boards and combined authorities ".
19The approval of the Minister of Health shall not be required for the making by a local authority of contributions under subsection (5) of section twenty-two, subsection (3) of section twenty-eight, or subsection (2) of section fifty-one of the National Health Service Act, 1946 (which empower local authorities to contribute to voluntary organisations concerned with the care of mothers and young children, the prevention of illness, the care or after-care of the sick and matters arising under the Lunacy and Mental Treatment Acts and the Mental Deficiency Acts).
20In section ten of the Fire Services Act, 1947, for the words " the Local Government (Boundary Commission) Act, 1945 " there shall be substituted the words " the Local Government Act, 1958 ", and after the words " specified in the order " there shall be inserted the words " then without prejudice to the provisions of Part II of the said Act of 1958 as to joint boards and combined authorities ".
21In section ninety-three of the Town and Country Planning Act, 1947, as set out in section fifty of the Town and Country Planning Act, 1954, in paragraph (a) of subsection (1) after the word " acquisition" there shall be inserted the words " for war-damage redevelopment ", and after the word " acquired" there shall be inserted the words " for such redevelopment ", in paragraph (b) after the word " compensation " where it first occurs there shall be inserted the words " in respect of land of the National Coal Board to which the Fifth Schedule to this Act applies by virtue of regulations under section ninety of this Act, being compensation payable ", and for the words from the first " twenty-four " to the end of the paragraph there shall be substituted the words " twenty-five or twenty-six of this Act in respect of such land of the National Coal Board as aforesaid " , paragraph (c) shall not have effect, and at the end of the subsection there shall be inserted—
“In this section ' war-damage redevelopment ' means the redevelopment as a whole of an area of extensive war damage, and includes the relocation of population or industry, or the replacement of open space, in the course of such redevelopment and the proviso to subsection (4) shall cease to have effect.”,
22In section thirty-four of the Act of 1948, subsection (2) shall have effect, by virtue of this Act, as if for the words "nineteen hundred and fifty-seven " there were substituted the words " nineteen hundred and sixty-one " ; and the New Valuation Lists (Postponement) Act, 1952, shall cease to have effect.
23(1)Subsection (1) of section eighty-seven of the Act of 1948 (which provides that a railway or canal hereditament occupied partly for non-rateable purposes and partly for other purposes shall be rated, but by reference only to its occupation for those other purposes) shall have effect as if references to other purposes included only references to other purposes being (within the meaning of section eighty-six of the Act of 1948)—
(a)purposes of any parts of the undertaking of the Commission which are concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or
(b)purposes of any parts of the undertaking of the Commission which are subsidiary or incidental to any such part as aforesaid, or
(c)purposes of the supply of electricity to an Electricity Board (including the generation of electricity so supplied).
(2)Subsections (1) and (2) of section fourteen of this Act shall apply in relation to this paragraph as they apply .in relation to the provisions of this Act mentioned in subsection (1) of that section.
24(1)For the purposes of section ninety-four of the Act of 1948 (which provides for the adjustment, for changes in the average rates, of payments by the British Transport Commission for the benefit of local authorities) it shall be sufficient for the aggregate gross charge to rates for England and Wales to be estimated and certified by the Minister instead of being ascertained and certified by him as provided by subsection (2) of the said section ninety-four.
(2)For the purposes of the said subsection (2) the rateable value for England and Wales for any year shall be taken to be the aggregate of the rateable values for that year of the areas of all rating authorities in England and Wales, and the rateable value of the area of a rating authority for any year shall be taken to be the aggregate, as certified by the valuation officer, of the rateable values shown on the first day of that year in the valuation list in force on that day for that area, subject however to any alteration in the list made in consequence of the provisions of any enactment (including an enactment contained in this Act) whereby the alteration is to be treated as having been made at the beginning of the year.
25(1)Subsection (2) of section one hundred of the Act of 1948 (which provides for sums paid under Part V of that Act for the benefit of local authorities to be distributed among rating authorities and county councils) shall have effect as if for the words from " in the manner following " to the end of the subsection there were substituted the words " among the rating authorities in England and Wales in proportion to the rateable values for their respective areas for that year. ".
(2)Sub-paragraph (2) of the foregoing paragraph, so far as it relates to the rateable value of the area of a rating authority, shall apply for the purposes of subsection (2) of section one hundred of the Act of 1948 as it applies for the purposes of subsection (2) of section ninety-four of that Act.
26Section one hundred and two of the Act of 1948 shall have effect as if in subsection (1) (which provides that payments made by the British Transport Commission shall, if and so far as it is so prescribed, be taken into account as if they were paid on account of rates, and in computing the product of a penny rate) the words " if and so far as it is so prescribed " were omitted.
27In section one hundred and fourteen of the Act of 1948 the proviso to subsection (2) shall cease to have effect, and in subsection (4) the words from the beginning to the first " any " shall cease to have effect and after the word " Parliament" there shall be inserted the words " under any enactment, whether passed before or after the passing of this Act ".
28The power conferred by section one hundred and forty-six of the Act of 1948 and subsection (1) of section sixteen of this Act to modify the provisions of Part I of this Act in relation to the Isles of Scilly shall include power to provide that in the application of subsection (4) of section five of this Act both to those Isles and to counties and county boroughs references to a county shall include references to those Isles.
29In section forty-six of the Children Act, 1948, in subsection (2), the words " with the consent of the Secretary of State " shall cease to have effect.
30In section eight of the Nurseries and Child Minders Regulation Act, 1948, in subsection (3), after the words " nursery school" there shall be inserted the words " maintained or assisted by a local education authority or ".
31(1)Nothing in subsection (3) of section twenty-nine of the Representation of the People Act, 1949 (which provides that district election rules or parish election rules shall not affect the hour at which under the local elections rules the poll is to close) shall prevent provision being made by district election rules and parish election rules for securing that where an election of rural district councillors and an election of parish councillors for a parish in the rural district are being held simultaneously, and candidates in one of the elections have requested that the poll shall be kept open for a further hour, the poll for the other election shall be kept open likewise.
(2)In the proviso to subsection (3) of section forty-three of the said Act of 1949, for the words " the whole amount" there shall be substituted the words " any such fees or other sums as aforesaid, other than as aforesaid ".
(3)In section forty-four of the said Act of 1949, in subsection (3), for the words " the Treasury ", in each place where they occur, there shall be substituted the words " the Secretary of State " , but nothing in this sub-paragraph shall affect any scale of expenses framed, or sanction given, before the coming into effect of this sub-paragraph.
(4)In the Second Schedule to the said Act of 1949, in head (i) of sub-paragraph (1) of paragraph 22 of the Parliamentary Elections Rules and in head (a) of sub-paragraph (1) of paragraph 18 of the Local Elections Rules for the words from " in receipt of a grant" to the end there shall be substituted the words " maintained or assisted by a local education authority or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school ".
32Subsections (1) and (2) of section three of the School Crossing Patrols Act, 1953 (which provide for grants to local authorities and to the Metropolitan Police Fund in respect of expenditure on school crossing patrols) shall cease to have effect.
33Subsection (7) of section nine of the Act of 1955 (which empowers the Minister by order to repeal certain provisions of that section as to the exemption from rating of advertisements on railway and canal hereditaments) shall cease to have effect.
34In the Road Traffic Act, 1956, in section five, at the end of subsection (2) there shall be added the words " being arrangements made by authorities or bodies other than local authorities ".
35Paragraphs 1, 2, 6, 16, 17, 19, 21, 23 to 27, 29 to 32 and 34 of this Schedule shall not have effect for any period before the first day of April, nineteen hundred and fifty-nine, except that paragraph 24 of this Schedule shall have effect for ascertaining the payment to be made for the benefit of local authorities for the year beginning with that day.
Section 67.
NINTH SCHEDULEEnactments repealed
PART IGeneral repeals as from passing of Act
Session and Chapter | Short Title | Extent of Repeal |
---|
15 & 16 Geo. 5. c. 19. | The Trustee Act, 1925. | In section one, in subsection (1), in paragraph (f) the words from "consolidated" to the next "or in" and the words "or in metropolitan water stock", paragraph (m) and paragraph (p); in section two, in subsection (1), the words " (m) " and " (b)." |
23 & 24 Geo. 5. c. 51. | The Local Government Act, 1933. | In section forty-six, the words " and compensation " in each place where they occur; section one hundred and thirty-nine; in section one hundred and forty, in subsection (1), in paragraph (iii) the words "in the case of a county borough ", and subsections (2) to (5); in section one hundred and forty-three, subsection (1); in section one hundred and forty-five, subsection (2); section one hundred and forty-six; in section one hundred and forty-seven, in subsection (3), the words " borough or ". |
25 & 26 Geo. 5. c. 47. | The Restriction of Ribbon Development Act, 1935. | In section nineteen, in subsection (5), the words from the beginning to " and ". |
26 Geo. 5 & 1 Edw. 8. c. 49. | The Public Health Act, 1936. | Section three hundred and seven. |
1 Edw. 8 & 1 Geo. 6. c. xlv. | The City of London (Various Powers) Act, 1937. | Section thirty-three. |
11 & 12 Geo. 6. c. 26. | The Local Government Act, 1948. | Section one hundred and twenty-six. |
4 & 5 Eliz. 2. c. 9. | The Rating and Valuation (Miscellaneous Provisions) Act, 1955. | In section nine, subsection (7); in the Third Schedule, in paragraph 11, sub-paragraph (c). |
PART IIGeneral Repeals for 1959-60 and subsequent years
Session and Chapter | Short Title | Extent of Repeal |
---|
9 & 10 Geo. 5. c. 50. | The Ministry of Transport Act, 1919. | In section seventeen, in subsection (2), the words from " and may " to the end. |
20 & 21 Geo. 5. c. 43. | The Road Traffic Act, 1930. | In section fifty-seven, subsections (3) and (4). |
23 & 24 Geo. 5. c. 12. | The Children and Young Persons Act, 1933. | In section one hundred and four, in subsection (1), paragraph (b). |
23 & 24 Geo. 5. c. 51. | The Local Government Act, 1933. | In section eighty-six, subsection (2); in section one hundred and twenty-four, subsection (3); section one hundred and eighty-four; section one hundred and eighty-seven; in the Third Schedule, in Part I, in paragraph 2, sub-paragraph (4). |
24 & 25 Geo. 5. c. 50. | The Road Traffic Act, 1934. | In the Third Schedule, the entry relating to subsection (3) of section fifty-seven of the Road Traffic Act, 1930. |
26 Geo. 5 & 1 Edw. 8. c. 43. | The Tithe Act, 1936. | In section twenty-five, in subsection (4), paragraph (e); in section forty-seven, in subsection (1), the definition of "present value"; the Fifth Schedule. |
1 Edw. 8 & 1 Geo. 6. c. 5. | The Trunk Roads Act, 1936. | In section nine, subsections (2) and (3). |
1 Edw. 8 & 1 Geo. 6. c. 46. | The Physical Training and Recreation Act, 1937. | In section three, in subsection (1), in paragraphs (a) and (b), the words " local authority or ". |
2 & 3 Geo. 6. c. 40. | The London Government Act, 1939. | In section sixty, subsection (3); section one hundred and nineteen; section one hundred and twenty-two. |
7 & 8 Geo. 6. c. 31. | The Education Act, 1944. | In section one hundred, subsection (2) and in subsection (3) the words " or the Minister of Health "; section one hundred and one. |
8 & 9 Geo. 6. c. 14. | The Teachers Superannuation Act, 1945. | In section one, in subsection (1), in paragraphs (a) and (b), the words from " being " to the end; in section thirteen, subsection (2). |
9 & 10 Geo. 6. c. 30. | The Trunk Roads Act, 1946. | In the Fourth Schedule, the entry relating to section nine of the Trunk Roads Act, 1936. |
9 & 10 Geo. 6. c. 46. | The Police Act, 1946 | In the Second Schedule, paragraph 11. |
9 & 10 Geo. 6. c. 81. | The National Health Service Act, 1946. | In section twenty-two, in subsection (5), the words " with the approval of the Minister "; in section twenty-eight, in subsection (3), the words " with the approval of the Minister"; in section fifty-one, in subsection (2), the words " with the approval of the Minister"; section fifty-three. |
10 & 11 Geo. 6. c. 41. | The Fire Services Act, 1947. | Section twenty-five. |
10 & 11 Geo. 6. c. 51. | The Town and Country Planning Act, 1947. | In section ninety-three, paragraph (c) of subsection (1) and the proviso to subsection (4). |
11 & 12 Geo. 6. c. 26. | The Local Government Act, 1948. | In section two, subsection (2); sections three and four; in section six, in subsection (1), paragraph (b); section seven; section nine; in section ten, subsection (2); in section eighty-five, in subsection (1), the words " the Electricity Council" in paragraph (b), the second " the British Electricity Authority" and the proviso; in section ninety-one, the words "the Electricity Council "; in section ninety-six, in subsection (1A), paragraph (a), in subsection (2) the words " England and Wales or, as the case may be, in " and in subsection (3), the words from the first " in relation to " to "pounds, and"; in section ninety-seven, subsection (1); in section ninety-eight, in subsection (2) the words from the beginning to " Wales) and " and the words " (5) or ", in subsection (3) the words "The Minister of Fuel and Power or", the words " as the case may be " and the words from " Central " to " or the ", subsection (5); in section one hundred and two, in subsection (1), the words from " if " to " prescribed " and the words from " but " to the end; in section one hundred and fourteen, in subsection (2), the proviso, and in subsection (4) the words from the beginning to the first " any "; section one hundred and twenty-eight; in section one hundred and forty-four, subsections (2) and (2A). |
11 & 12 Geo. 6. c. 29. | The National Assistance Act, 1948. | Section twenty-eight. |
11 & 12 Geo. 6. c. 43. | The Children Act, 1948. | In section forty-six, in subsection (2), the words " with the consent of the Secretary of State"; section forty-seven. |
12, 13 & 14 Geo. 6. c. 55. | The Prevention of Damage by Pests Act, 1949. | Section eleven. |
12, 13 & 14 Geo. 6. c. 68. | The Representation of the People Act, 1949. | In section forty-three, in subsection (1), paragraph (a) and in subsection (3) the words from " and any sums" to " the Exchequer of the United Kingdom" where those words first occur. |
12, 13 & 14 Geo. 6. c. 89. | The Vehicles (Excise) Act, 1949. | In section twenty-four, in subsection (1), paragraph (b). |
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act, 1949. | In section ninety-seven, subsection (5). |
14 & 15 Geo. 6. c. 53. | The Midwives Act, 1951. | In section twenty-seven, subsection (3). |
1 & 2 Eliz. 2. c. 33. | The Education (Miscellaneous Provisions) Act, 1953. | In the First Schedule, the entry relating to section one hundred of the Education Act, 1944. |
1 & 2 Eliz, 2. c. 45. | The School Crossing Patrols Act, 1953. | In section three, subsections (1) and (2). |
2 & 3 Eliz. 2. c. 72. | The Town and Country Planning Act, 1954. | In the Seventh Schedule, the entry relating to the National Parks and Access to the Countryside Act, 1949. |
3 & 4 Eliz. 2. c. 26. | The Public Service Vehicles (Travel Concessions) Act, 1955. | Section two. |
4 & 5 Eliz. 2. c. 9. | The Rating and Valuation (Miscellaneous Provisions) Act, 1955. | In section nine, in subsection (6), paragraph (a); in the Seventh Schedule, in Part I, the entry relating to section one hundred and forty-four of the Act of 1948 and, in Part IV, the entry relating to the Tithe Act, 1936. |
4 & 5 Eliz. 2. c. 16. | The Food and Drugs Act, 1955. | In section twenty-nine, subsection (5). |
4 & 5 Eliz. 2. c. 67. | The Road Traffic Act, 1956. | In section five, in subsection (4), the words "and grants in respect thereof "; in the Second Schedule, in paragraph 2, the words from " and " to the end. |
5 & 6 Eliz. 2. c. 17. | The Rating and Valuation Act, 1957. | In section two, the words " and the Central Electricity Authority or the Electricity Council respectively " and the words from " and the standard amount " to the end; section four. |
5 & 6 Eliz. 2. c. 48. | The Electricity Act, 1957. | In the Fourth Schedule, in Part II, in the entry relating to section eighty-five of the Act of 1948, the first " the Electricity Council " and the words from " and at the " to the end of the entry, in the entry relating to section ninety-one of the said Act, the words "the Electricity Council ", the entry relating to section ninety-seven of the said Act, in the entry relating to section ninety-eight of the said Act, the words from " in subsection (3) " to " and ", the entry relating to the Rating and Valuation Act, 1957. |
PART IIIRepeals consequential on S. 11
Session and Chapter | Short Title | Extent of Repeal |
---|
4 & 5 Eliz. 2. c. 9. | The Rating and Valuation (Miscellaneous Provisions) Act, 1955. | In the Third Schedule, paragraph 3. |
5 & 6 Eliz. 2. c. 17. | The Rating and Valuation Act, 1957. | Section three. |
PART IVRepeals consequential on S. 57
Session and Chapter | Short Title | Extent of Repeal |
---|
23 & 24 Geo. 5. c. 51. | The Local Government Act, 1933. | In section one hundred and eight, subsection (2); section one hundred and nine; section one hundred and seventeen. |
2 & 3 Geo. 6. c. 40. | The London Government Act, 1939. | Section eighty; section eighty-four; in section ninety-six, paragraph (ii) of the proviso. |
14 & 15 Geo. 6. c. 65. | The Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951. | In section fifty, in subsection (2), paragraphs (a) and (c). |
PART VRepeal of spent enactments
Session and Chapter | Short Title | Extent of Repeal |
---|
45 & 46 Vict. c. 50. | The Municipal Corporations Act, 1882. | In the Fifth Schedule, the words "Payments which may not be made without Order ". |
51 & 52 Vict. c. 41. | The Local Government Act. 1888. | In section five, subsection (6); in section eight, in subsection (1), the words " the basis or standard for the county rate or against that or " and " other "; section twenty-nine; in section thirty-two, in subsection (3), paragraph (d); section thirty-three; in section thirty-four, in subsection (3), in paragraph (f), the words from " and the " to the end; in section thirty-nine, subsection (1); in section forty, paragraphs (7) and (8); in section forty-six, paragraph (1) and in paragraph (b) the words from the beginning to "cease, and"; in section sixty-four, in subsection (1) the words preceding paragraph (a), subsection (2), and in subsection (5) the words " debts and liabilities " wherever they occur and the words " and of clerk of gaol sessions for clerk of the peace "; in section sixty-seven, the words " or of costs under the Burial of Drowned Persons Act, 1808 "; section seventy-two; section eighty-six; section ninety; in section ninety-three, in subsection (1), the words from "alter" to "grants"; section ninety-six; in section one hundred the definitions of " division of a county ", " guardians ", " poor law union " and " rural authority", the words from "Any expression" to "area; and "; so much of the definition of " property " as relates specifically to the county of Chester, and the definitions of " pension " and " County and Borough Police Acts "; section one hundred and seventeen. |
56 & 57 Vict. c. 73. | The Local Government Act, 1894. | In section seven, in subsection (7), the words " after the appointed day"; in section sixty-two, subsection (2); in section sixty-three, subsection (2); section seventy; in section seventy-five, in subsection (2), the definitions of " population " and " rateable value"; section eighty-one. |
15 & 16 Geo. 5. c. 90. | The Rating and Valuation Act, 1925. | In section one, in subsection (1), the words " from and after the appointed day" and, in subsection (2), the words "As from the appointed day "; in section two, in subsection (1), the words from the beginning to " valuation ", in subsection (2), the words from the beginning to " day ", the proviso to subsection (3) and, in subsection (8), the words from " on " to the end; in section four, in subsection (1), the words " on or after the appointed day" and the words from " and" to the end and, in subsection (2), the words from the first "in the case of" to " subsequent general rate "; in section nine, in subsection (2), the words from " in respect of any period " to " twenty-nine ", the second " or" in sub-paragraph (i) of paragraph (b) and sub-paragraph (ii) of the said paragraph; in section ten, in subsection (1), the words from the beginning to " rating area ", the word " then " and the words " on that date " and, in subsection (2), the words from the beginning to "hereinafter provided" and the proviso; in section eleven, in subsection (10), the words from "shall come" to "valuation and", the words from " for the provisions" to " 1875, and", and the words from " and as from ", to the end; in section thirteen, in subsection (1), the words " after the passing of this Act"; in section twenty-two, in subsection (1), the words from "the first new" to "Act and of" and the word "subsequent ", and, in subsection (2), the words from the beginning to " valuation "; in section forty-eight, in subsection (1), the words "on the appointed day", in subsection (2), the words " on the appointed day " and the words from " and the provisions" to the end, in subsection (4), the words " The assessment committee or " and the words " as the case may require ", in subsection (5), the words " as from the appointed day " and, in subsection (8), the words "The assessment committee or ", the words " as the case may require" and the words " assessment committee or"; section fifty; in section fifty-two, the words from " the transfer " to " other "; in section fifty-nine, in subsection (3), the words " (including an assessment committee) "; in section sixty-two, subsections (1) and (2); section sixty-five; section sixty-seven; in section sixty-nine, subsection (1), in subsection (2), the words from "Provided that" to "item of the general rate:", the words " the assessment committee or to " and the words " the assessment committee under this Act, and " and subsection (3); the Seventh Schedule, except paragraph 7. |
18 & 19 Geo. 5. c. 8. | The Rating and Valuation Act, 1928. | In section one, subsection (2). |
18 & 19 Geo. 5. c. 44. | The Rating and Valuation (Apportionment) Act, 1928. | In section one, subsection (3); the First Schedule. |
19 & 20 Geo. 5. c. 17. | The Local Government Act, 1929. | In section fifty-seven, in subsection (3), the words " wholly or partly"; in section fifty-nine, subsection (1); section sixty-five; section sixty-six; in section sixty-seven, in subsection (1), the words from " in respect of " to " appointed day" and the words from " made " to the end and, in subsection (2), the words from the beginning to "value, and" and the word " subsequent "; in section sixty-eight, in subsection (1), the words from " in force" to " subsequent valuation lists " and subsections (2) and (3); in section seventy-one, the words from " and in the proviso " to the end; in section seventy-two, the words from the beginning to " thirty "; in section seventy-three, in subsection (.1), the words " as from the appointed day "; in section seventy-four, subsection (1); in section seventy-five, in subsection (1), the words " as from the appointed day"; section seventy-six; in sections seventy-seven to seventy-nine, the words "as from the appointed day " in each place where they occur; in section eighty-two, subsection (2); in section eighty-three, in subsection (1), the words from " as from " to " thirty " and, in subsection (2), the words " as from the appointed day"; in section eighty-five, subsections (1) to (3); section one hundred and thirteen; in section one hundred and fourteen, in subsection (1), paragraph (b), in paragraph (c) the words from " but the Minister " to the end, paragraphs (d) and (e); in section one hundred and fifteen, subsection (1), in subsection (2) the words from " and any enactment " to " have effect ", subsection (5); section one hundred and sixteen; in section one hundred and seventeen, subsections (1), (2) and (4), in subsection (5) the words from " and the property" to "this section and ", subsection (6); in section one hundred and eighteen, subsection (3); sections one hundred and nineteen and one hundred and twenty; in section one hundred and twenty-four, in subsection (5), paragraph (a); in section one hundred and twenty-seven, subsection (1); in section one hundred and twenty-nine, subsection (3); section one hundred and thirty-three; in section one hundred and thirty-four in the definition of " appointed day" the words from " except" to the end, the definitions of " appropriate percentage " and " appropriate year", in the definition of "certified", the words from " in relation to roads " to " any other matter ", the definitions of " losses on account of grants ", " losses on account of rates " and " parish rate", in the definition of " prescribed ", the words from " save as " to " of this Act", the definition of " public health services ", in the definition of " reduced rateable value ", the words " subject to the provisions of the last foregoing section ", the definition of " Registration Acts ", in the definition of " registration officer ", the words " Part II and ", the definitions of " separately rated area ", " special rate ", " standard year ", " transferred services", " unemployed insured men " and " unemployed insured women ", in the definition of "unreduced rateable value ", the words " subject to the provisions of the last foregoing section " and the definition of " weighted population "; the Second Schedule; the Sixth Schedule; in the Ninth Schedule, in Part I, paragraphs 2 to 4, sub-paragraphs (1) and (2) of paragraph 7, and paragraph 8, Part II; in the Tenth Schedule, paragraphs 12. 13 and 20. |
19 & 20 Geo. 5. c. 26. | The Agricultural Rates Act. 1929. | The whole Act. |
23 & 24 Geo.5. c. 51. | The Local Government Act, 1933. | In section six, in subsection (2), the proviso; in section eleven, in subsection (3), in paragraph (b) the words " wholly or in part comprised"; in section thirty-three, in subsection (5), the words "or for each county" and the words " wholly or in part"; section forty-one; in section forty-two, subsection (2); in section sixty-one, in subsection (1), the words " after the commencement of this Act " and, in subsection (4), the words " after the commencement of this Act"; in section sixty-three, in subsection (1), paragraph (c) of the proviso; in section one hundred and eleven, in subsection (1), the words " wholly or in part " and, in subsection (5), the words " wholly or in part "; in section one hundred and forty, in subsection (1), in paragraphs (a) and (i), the words " or definition ", paragraph (d); in section one hundred and forty-one, subsection (8); in section one hundred and forty-three, in subsection (2), the words "or define"; in section one hundred and forty-eight, in subsection (1), in paragraph (c), the words " wholly or in part "; in section one hundred and fifty-two, in subsection (1), in paragraph (a), the words from " or of the " to " Local Government Act, 1929 "; section one hundred and fifty-three; in section one hundred and sixty-three, in subsection (1), in sub-paragraph (b) of paragraph (i) of the proviso, the words " or hospital for infectious diseases"; in section one hundred and seventy-nine, paragraph (h); in section one hundred and ninety, in subsection (3), the words from " whether " to " Act ", in subsection (4), the words from " whether " to " Act " and, in subsection (5), the words from " whether " to " Act "; in section one hundred and ninety-seven, subsection (4); in section two hundred and forty-two, in subsection (1), the words ' wholly or in part "; in section two hundred and fifty, in subsection (9), the words "wholly or in part ", in each place where they occur; in section two hundred and seventy-four, in subsection (1), the words "wholly or in part"; section three hundred; in section three hundred and seven, in subsection (1), paragraphs (iii) and (vi) of the proviso; in the Seventh Schedule, the words " The Electricity (Supply) Acts, 1882 to 1933 ". |
26 Geo. 5. & 1 Edw. 8. c. 49. | The Public Health Act, 1936. | In section one, the proviso to subsection (2). |
1 Edw. 8 & 1 Geo. 6. c. 46. | The Physical Training and Recreation Act, 1937. | In section five, subsection (2). |
2 & 3 Geo. 6. c. 40. | The London Government Act, 1939. | In section two hundred and seven, in subsection (1), paragraph (iii) of the proviso; in the Fifth Schedule, the words " The Electricity (Supply) Acts, 1882 to 1936 ". |
9 & 10 Geo. 6. c. 81. | The National Health Service Act, 1946. | In the Tenth Schedule, the entry relating to section three hundred and seven of the Public Health Act, 1936. |
10 & 11 Geo. 6. c. 51. | The Town and Country Planning Act, 1947. | Section ninety-six. |
11 & 12 Geo. 6. c. 26. | The Local Government Act, 1948. | Electricity Authority "; section ninety-two; in section ninety-three, in subsection (2), paragraphs (a) and (b) and, in paragraph (c), the words "in the case of subsequent years "; in section ninety-six, subsection (1), in subsection (2) paragraph (a) and, in paragraph (b), the words "in the case of subsequent years "; in section one hundred, in subsection (2), the words from " subject to " to the second " Authority "; section one hundred and five; section one hundred and six; in section one hundred and eleven, in subsection (1), paragraph (e); in section one hundred and thirteen, subsection (2); in section one hundred and twenty, in subsection (3), the words from " and the " to the end; in section one hundred and twenty-one, in subsection (1), the words from the beginning to " forty-eight, but", subsection (8); in section one hundred and twenty-two, the words from " and subsection (1) " to the end; in section one hundred and forty, in subsection (1) the words " or the Anglo-Scottish Railways Assessment Authority" and in subsection (3), in paragraph (f), the words " and the Anglo-Scottish Railways Assessment Authority"; in section one hundred and forty-three, subsection (2); in section one hundred and forty-four, in subsection (1), the definition of " garden " and, in sub-section (4), paragraph (a) of the proviso; section one hundred and forty-seven; in the First Schedule, paragraph (2); the Second Schedule. |
12, 13 & 14 Geo. 6. c. 83. | The Local Government Boundary Commission (Dissolution) Act, 1949. | The whole Act. |
14 Geo. 6. c. 36. | The Diseases of Animals Act, 1950. | In section fifty-nine, in subsection (2), in sub-paragraph (i) of paragraph (a), the words from the beginning to "that is to say ". |
1 & 2 Eliz. 2. c. 4. | The New Valuation Lists (Postponement) Act, 1952. | The whole Act, |
1 & 2 Eliz. 2. c. 42. | The Valuation for Rating Act, 1953. | Section one; in section six, in subsection (3), the proviso. |
4 & 5 Eliz. 2. c. 9. | The Rating and Valuation (Miscellaneous Provisions) Act, 1955. | In section one, in subsection (1), the words from " and sections " to the end; in section two, the proviso to subsection (1) and subsections (2) and (4); in section six, in subsection (3), the word "whether" and the words "or by means of a special rate", subsection (5); in section seven, in subsection (1), the words from " beginning" to the end, subsection (4) and, in subsection (5), the words " subject to the last preceding subsection "; in section nine, in subsection (2), the first " first new", the words " or in any subsequent list " and the words from " beginning " to the end, in subsection (4) the first " first new ", the words " or in any subsequent list " and the words from " beginning " to " force "; in section ten, in subsection (2), the words from " for a year " to " situated ", and the proviso in section fourteen, in paragraph (c), the words " and of the Fourth Schedule thereto "; in section fifteen the words from " and the enactments " to the end; in section seventeen, subsection (2); the Fourth Schedule; the Sixth Schedule; in the Seventh Schedule, in Part I, the entry relating to section thirty-four of the Act of 1948; the Eighth Schedule. |
4 & 5 Eliz. 2. c. 43. | The Local Government Elections Act, 1956. | In the Second Schedule, in Part II, paragraph 7. |
5 & 6 Eliz. 2. c. 17. | The Rating and Valuation Act, 1957. | Section five; the Schedule. |
5 & 6 Eliz. 2. c. 48. | The Electricity Act, 1957. | In the Fourth Schedule, in Part II, the entry relating to section ninety-two of the Act of 1948 and, in the entry relating to section ninety-six of the said Act, the words from " nothing " to " subsection (1), but ". |
Table of Statutes referred to in this Act
Short Title | Session and Chapter |
---|
Municipal Corporations Act, 1882 | 45 & 46 Vict. c. 50. |
Trustee Act, 1893 | 56 & 57 Vict. c. 53. |
Mental Deficiency Act, 1913 | 3 & 4 Geo. 5. c. 28. |
Ministry of Transport Act, 1919 | 9 & 10 Geo. 5. c. 50. |
Government of Ireland Act, 1920 | 10 & 11 Geo. 5. c. 67. |
Roads Act, 1920 | 10 & 11 Geo. 5. c. 72. |
Trustee Act, 1925 | 15 & 16 Geo. 5. c. 19. |
Teachers (Superannuation) Act, 1925 | 15 & 16 Geo. 5. c. 59. |
Rating and Valuation Act, 1925 | 15 & 16 Geo. 5. c. 90. |
Local Government Act, 1929 | 19 & 20 Geo. 5. c. 17. |
Land Drainage Act, 1930 | 20 & 21 Geo. 5. c. 44. |
Road Traffic Act, 1930 | 20 & 21 Geo. 5. c. 43. |
Children and Young Persons Act, 1933 | 23 & 24 Geo. 5. c. 12. |
Local Government Act, 1933 | 23 & 24 Geo. 5. c. 51. |
Tithe Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 43. |
Public Health Act 1936 | 26 Geo. 5. & 1 Edw. 8. c. 49. |
Housing Act. 1936 | 26 Geo. 5. & 1 Edw. 8. c. 51. |
Physical Training and Recreation Act, 1937 | 1 Edw. 8. & 1 Geo. 6. c. 46. |
London Government Act. 1939 | 2 & 3 Geo. 6. c. 40. |
Education Act, 1944 | 7 & 8 Geo. 6. c. 31. |
Town and Country Planning Act, 1944 | 7 & 8 Geo. 6. c. 47. |
Teachers (Superannuation) Act, 1945 | 8 & 9 Geo. 6. c. 14. |
Local Authorities Loans Act, 1945 | 8 & 9 Geo. 6. c. 18. |
Local Government (Boundary Commission) Act, 1945 | 8 & 9 Geo. 6. c. 38. |
Water Act, 1945 | 8 & 9 Geo. 6. c. 42. |
Police Act, 1946 | 9 & 10 Geo. 6. c. 46. |
Acquisition of Land (Authorisation Procedure) Act, 1946 | 9 & 10 Geo. 6. c. 49. |
National Health Service Act, 1946 | 9 & 10 Geo. 6. c. 81. |
Fire Services Act, 1947 | 10 & 11 Geo. 6. c. 41. |
Local Government (Scotland) Act, 1947 | 10 & 11 Geo. 6. c. 43. |
Town and Country Planning Act, 1947 | 10 & 11 Geo. 6. c. 51. |
Electricity Act, 1947 | 10 & 11 Geo. 6. c. 54. |
Local Government Act, 1948 | 11 & 12 Geo. 6. c. 26. |
National Assistance Act, 1948 | 11 & 12 Geo. 6. c. 29. |
Children Act, 1948 | 11 & 12 Geo. 6. c. 43. |
Employment and Training Act, 1948 | 11 & 12 Geo. 6. c. 46. |
Nurseries and Child Minders Regulation Act, 1948 | 11 & 12 Geo. 6. c. 53. |
Gas Act, 1948 | 11 & 12 Geo. 6. c. 67. |
Civil Defence Act, 1948 | 12, 13 & 14 Geo. 6. c. 5. |
Prevention of Damage by Pests Act, 1949 | 12, 13 & 14 Geo. 6. c. 55. |
Representation of the People Act, 1949 | 12, 13 & 14 Geo. 6. c. 68. |
Local Government Boundary Commission (Dissolution) Act, 1949. | 12, 13 & 14 Geo. 6. c. 83. |
Vehicles (Excise) Act, 1949 | 12, 13 & 14 Geo. 6. c. 89. |
National Parks and Access to the Countryside Act, 1949 | 12, 13 & 14 Geo. 6. c. 97. |
Justices of the Peace Act, 1949 | 12, 13 & 14 Geo. 6.c. 101. |
Miscellaneous Financial Provisions Act, 1950 | 14 Geo. 6. c. 21. |
Midwives Act, 1951 | 14 & 15 Geo. 6. c. 53. |
Town Development Act, 1952 | 15 & 16 Geo. 6. & 1 Eliz. 2. c. 54. |
New Valuation Lists (Postponement) Act, 1952 | 1 & 2 Eliz. 2. c. 4. |
School Crossing Patrols Act, 1953 | 1 & 2 Eliz. 2. c. 45. |
Local Government (Financial Provisions) (Scotland) Act, 1954 | 2 & 3 Eliz. 2. c. 13. |
Town and Country Planning Act, 1954 | 2 & 3 Eliz. 2. c. 72. |
Rating and Valuation (Miscellaneous Provisions) Act, 1955 | 4 & 5 Eliz. 2. c. 9. |
Food and Drugs Act, 1955 | 4 & 5 Eliz. 2. c. 16. |
Local Government Elections Act, 1956 | 4 & 5 Eliz. 2. c. 43. |
Valuation and Rating (Scotland) Act, 1956 | 4 & 5 Eliz. 2. c. 60. |
Road Traffic Act, 1956 | 4 & 5 Eliz. 2. c. 67. |
Rating and Valuation Act, 1957 | 5 & 6 Eliz. 2. c. 17. |
House of Commons Disqualification Act, 1957 | 5 & 6 Eliz. 2. c. 20. |