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Local Government Act 1929

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Legislation Crest

Local Government Act 1929

1929 CHAPTER 17 19 and 20 Geo 5

An Act to amend the law relating to the administration of poor relief, registration of births, deaths, and marriages, highways, town planning and local government; to extend the application of the Rating and Valuation (Apportionment) Act, 1928, to hereditaments in which no persons are employed; to grant complete or partial relief from rates in the case of the hereditaments to which that Act applies; to discontinue certain grants from the Exchequer and provide other grants in lieu thereof; and for purposes consequential on the matters aforesaid.

[27th March 1929]

Modifications etc. (not altering text)

C2Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), 1965/319 and 1970/1681

C3Councils of administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes outside Greater London and Isles of Scilly together with municipal corporations of boroughs outside Greater London now abolished and councils of metropolitan counties, non-metropolitan counties and districts constituted by Local Government Act 1972 (c. 70), ss. 1, 2, Sch. 1

C4Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C5Act: transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act wholly in force at Royal Assent

Part IE+W Poor Law

1—14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

16, 17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

19, 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

Part IIE+W Registration of Births, Deaths and Marriages

21—25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

27, 28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

Part IIIE+W Roads and Town Planning

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W

30, 31.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W

32—39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

40—45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

Part IVE+W Miscellaneous Local Government Provisions

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W

MiscellaneousE+W

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

52—56.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W

57 Relations between county councils and district councils in respect of public health functions.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

[F21(2) The council of any district may at any time by agreement with the council of the county relinquish in favour of the council of the county any of their functions relating to public health upon such terms and subject to such conditons, if any, as may be specified in the agreement, and the relinquishment may be made either for a specified term, or pending the rescission or variation of the agreement, and any agreement made under this subsection may apply with such modifications and adaptations, if any, as may be agreed any of the provisions of this Act relating to the transfer of property and liabilities and the transfer, superannuation and compensation of officers.

A copy of an agreement made under this subsection shall forthwith be sent to the Minister.

(3) Where it appears to the Minister that the council of any district . . . F22 within a county have made default in providing their district or any part thereof with a sewerage system or sewage disposal works or an adequate supply of water, or in discharging any other function relating to public health which it is their duty to discharge, the Minister may cause a local inquiry to be made into the matter, and—

(a)if after such inquiry the Minister is satisfied that there has been such default, he may make an order limiting a time for the discharge of the function by the council of the district; and

(b)if the function is not discharged by the time limited in the order, the Minister may by order transfer to the county council the function with respect to which default has been made either for a definite period or until he may otherwise direct, and the order may apply, with such modifications and adaptations, if any, as appear necessary or expedient, any of the provisions of this Act relating to the transfer, superannuation and compensation of officers and any of the provisions of section sixty-three of the M1Local Government Act, 1894.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F21S. 57(2)(3) repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. V and Food and Drugs Act 1938 (c. 56), Sch. 4 Pt. I so far as regards functions relating to public health which are functions under those Acts

Marginal Citations

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W

60, 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26E+W

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W

Textual Amendments

65, 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W

Part VE+W Rating and Valuation

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W

Textual Amendments

68, 69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W

Textual Amendments

Consequential ProvisionsE+W

72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

Textual Amendments

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W

75 Adaptation of enactments imposing limits on expenditure of local authorities.E+W

(1)Subject as hereinafter provided, any provision of any enactment imposing a limit upon the expenditure of a local authority for any purpose in any year by reference to any specified rate poundage shall, . . . F38, have effect as if for the limit thereby imposed there were substituted such a limit as would be imposed if the specified rate poundage were increased by thirty-three and one-third per cent, or such higher percentage as the Minister may by order in any special case allow.

(2)An order under this section shall be laid before Parliament as soon as may be after it is made.

(3)For the purposes of this section—

(a)a provision shall be deemed to impose a limit upon the expenditure of a local authority by reference to a specified rate poundage, if the effect of the provision is that the expenditure is—

(i)not to involve a rate of or exceeding a specified sum in the pound; or

(ii)not to exceed the amount which would be produced by a rate of a specified sum in the pound, whether or not the expenditure is to be defrayed or the amount raised out of rates;

and any sum so specified as aforesaid is in this section referred to as a “specified rate poundage”:

(b)a provision that if the expenditure of a local authority exceeds in any year any specified rate poundage any functions of the authority are to cease or be suspended, shall be deemed to impose a limit upon the expenditure of the authority.

Textual Amendments

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W

77 Adaptation of enactments relating to water rates.E+W

(1)Any provision of any enactment directing that the amount of any water rate shall or may be determined by reference to the rateable value of any property as appearing in the valuation list for the time being in force, shall, . . . F40, have effect as if for any reference to that value there were therein substituted a reference to the net annual value as so appearing.

[F41(2) Where by any enactment, including this section, the amount of any water rate is to be determined by reference to the gross value or the net annual value of any property as appearing in the valuation list for the time being in force, then, if the value referred to does not appear in the valuation list, it shall, . . . F40, be determined in the event of any dispute by two justices of the peace in like manner as disputes are determined under section sixty-eight of the M2Waterworks Clauses Act, 1847.]

Textual Amendments

F41S. 77(2) repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. V so far as regards water rates under that Act

Marginal Citations

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W

Textual Amendments

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43E+W

80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44E+W

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45E+W

Textual Amendments

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46E+W

83 General adaptation of enactments and other documents.E+W

(1)Save as in this Part of this Act otherwise expressly provided, any provisions of any document directing that expenditure falling to be defrayed by two or more local authorities shall be apportioned between those authorites by reference to some value (other than rateable value) as appearing in or ascertained from the valuation list for the time being in force or as shown in, or ascertained in accordance with the Acts relating to, the basis or standard of county rates shall, . . . F47, have effect as if for any reference to that value there were therein substituted—

(a)in the case of a document, not being an enactment, as respects which a value is agreed upon by the local authorities concerned, a reference to that value; and

(b)in the case of any such document as respects which a value is not so agreed upon, and in the case of an enactment, a reference to rateable value as shown by the valuation list for the time being in force.

(2)Save as in this Part of this Act otherwise expressly provided, any provision of any document directing that the amount of any payment, not being a payment to which the last foregoing subsection applies, shall be determined by reference to some value as appearing in or ascertained from the valuation list for the time being in force or as shown in, or ascertained in accordance with the Acts relating to, the basis or standard of county rates shall, . . . F47, have effect as if for any reference to that value there were therein substituted—

(a)in the case of a document, not being an enactment, as respects which a value is—

(i)agreed upon by all persons having rights or obligations under the document; or

(ii)determined, in default of such agreement, by an arbitrator appointed by the Minister on an application made to him by or on behalf of any such person,

a reference to the value so agreed upon or determined; and

(b)in the case of an enactment, a reference to such value as may be determined by order of the Minister on application made to him by any such person as aforesaid.

(3)Before making any order under this section, the Minister shall require the applicants to serve a copy of the draft order upon any local authority affected and to give, in terms approved by him and in such manner as he may consider best adapted for informing any other persons affected, public notice of the application for the order and as to the manner in which and the time within which objections to the order may be made, and shall consider any objection which may be duly made within four weeks from the date of the notice, and in the event of any objection being so made and not withdrawn the Minister shall make the order as a provisional order which shall not have effect unless and until confirmed by Parliament.

Textual Amendments

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48E+W

Textual Amendments

Part VIE+W Exchequer Grants and other Financial Provisions

Discontinued GrantsE+W

85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49E+W

86—92.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W

93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51E+W

94—100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52E+W

101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W

102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W

103, 104.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W

GeneralE+W

105 Application of Exchequer Grants, &c.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 all sums received by a county council by way F56 of proceeds of local taxation licence duties shall be applicable to general county purposes.

Textual Amendments

106—112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W

Part VIIE+W Property Liabilities and Officers

Transfer of Property and LiabilitiesE+W

113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W

114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W

115 Parish property.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(3)The council of any county borough or urban district and the parish meeting of any rural parish not having a parish council may exercise the powers of executing works in relation to parish property which are by paragraph (i) of subsection (1) of section eight of the M3Local Government Act, 1894, conferred on parish councils.

(4)Any expenses incurred by the council of a county borough or urban district in relation to parish property shall be defrayed as the council may determine—

(a)from the general rate of the county borough or urban district; or

(b)by means of a levy of an additional item of the general rate on the parish or parishes to which the property belongs.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(6)For the purposes of this section . . . F63, “parish property” means any property the rents and profits of which are applicable or, if the property were let, would be applicable to the general benefit of one or more parishes, or the ratepayers, parishioners or inhabitants thereof, but does not include—

(a)property given or bequeathed by way of charitable, donation or allotted in right of some charitable donation or otherwise for the poor persons of any parish or parishes if the income of the property is not applicable to the general benefit of the ratepayers or other persons as aforesaid;

(b)property acquired by a board of guardians for the purposes of their functions in the relief of the poor.

(7)In the application of this section to [F64Greater London] references to an urban district shall be construed as references to the City of London and to a [F64London borough], references to the council of an urban district shall be construed as references to the common council of the City of London and to the council of a [F64London borough], and references to the general rate of an urban district shall be construed as references to the general rate of the parish to which the property belongs.

116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65E+W

117†Transfer of road property and liabilities.E+W

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(5)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(8)Where any person or authority, other than a rating authority, receives any income applicable to the repair or maintenance of roads in any parish or other area, that person or authority shall pay over the income so received (less the amount of any expenses properly incurred in connection therewith) to the rating authority for the [F70rating area in which that parish or other area is situated, to be credited to that parish or other area]

118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71E+W

Textual Amendments

119, 120.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W

121—126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W

Part VIIIE+W General

127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74, the expenses of the council of a county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 under this Act shall be defrayed—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 as expenses for general county purposes;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

Textual Amendments

F78S. 128(3) repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. IIExpenses lending and borrowing128.-(1)Save as otherwise expressly provided by this Act ... , the expenses of the council of a county ... under this Act shall be defrayed - (a) ... as expenses for general county purposes; (b) .......................................................(2) ..........................................................(3) ..........................................................

129 Provisions as to inquiries.E+W

(1)The Minister of Health may direct any inquiries to be held by his inspectors which he may deem necessary for the purposes of this Act, . . . F79.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83E+W

Textual Amendments

131 Provisions as to orders, schemes and regulations.E+W

(1)Any order or scheme made under this Act may contain such incidental, consequential or supplemental provisions as may appear necessary or proper for the purposes of the order or scheme.

(2)Except as otherwise expressly provided by this Act, any order or scheme made under this Act may be altered or revoked by an order or scheme made in like manner and subject to the like provisions as the original order or scheme:

Provided that—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

(b)if, on the failure of a council to submit a scheme within the time allowed by this Act, a scheme has been made by the Minister, . . . F85, the scheme so made may be altered or revoked by a scheme made in like manner as the original scheme or by a scheme submitted by the council in question and approved by the Minister.

(3)Where any order (other than an order made under the last foregoing section or under Part IV of this Act) or any regulations are by this Act required to be laid before Parliament, the order or regulations shall be laid on the Table of both Houses of Parliament, and if an address is presented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat after any such order or regulation has been laid before it praying that the order or regulation may be annulled, the order or regulation shall be annulled and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new order or regulation.

Textual Amendments

Modifications etc. (not altering text)

132 Transitory and temporary provisions and adaptation of enactments.E+W

(1)The provisions set out in the Ninth Schedule to this Act (which relate to transitional and temporary matters) shall have effect for the purposes of this Act.

(2)The enactments mentioned in the Tenth Schedule to this Act shall have effect subject to the adaptations specified in that Schedule and the said adaptations shall, save as in that Schedule otherwise expressly provided, come into operation as from the appointed day.

133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86E+W

134 Definitions.E+W

In this Act unless the context otherwise requires—

  • Appointed day” means the first day of April, nineteen hundred and thirty . . . F87

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

  • Certified” means—

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87, certified by the Minister of Health or such district auditor or officer of the Ministry of Health as he may appoint for the purpose:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

  • County” means an administrative county, but does not include a county borough:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90

  • County of London” means the administrative County of London:

  • District” means county district, that is to say, a non-county borough or other urban district or a rural district:

  • Drainage rate” means any rate which is assessed under any commission of sewers or in respect of any drainage, wall, embankment or other work for the benefit of the land:

  • Enactment” includes any public general, local or private Act and any rule, regulation, byelaw, order, or award made under any Act:

  • Estimated population” and “estimated number of children under five years of age per thousand of the estimated population” mean in relation to any year, the population or number as estimated by the Registrar-General for the calendar year in which the year in question begins:

  • Functions” includes powers and duties:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

  • Local Act” includes a Provisional Order confirmed by Act of Parliament:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • Minister” means the Minister of Health:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93

  • Officer” includes servant:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

  • Prescribed” means, . . . F87, prescribed by regulations made by the Minister under this Act:

  • Property” and “liabilities” have the same meanings as in the M4Local Government Act, 1888:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • Rate” has the same meaning as in the M5Rating and Valuation Act, 1925:

  • Rating area” has the same meaning as in the Rating and Valuation Act, 1925:

  • Reduced rateable value” means, . . . F87, in relation to any hereditament, the rateable value thereof according to the valuation lists in force on the first day of October, nineteen hundred and twenty-nine, and in relation to any area the aggregate of such rateable values of all the hereditaments in the area:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

  • Road” means a highway repairable by the inhabitants at large, and, save as in this Act otherwise expressly provided, includes any bridge so repairable carrying the road, and “improvement” in relation to a road includes the fixing of a building line or improvement line under any enactment:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • Sinking fund” includes any fund for the redemption of debt:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • Spending authority” means the council of a county, county borough or district, the common council of the City of London, the council of a metropolitan borough, or a board of guardians:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

  • Unreduced rateable value” means, . . . F87, in relation to any hereditament what would have been the rateable value thereof on the first day of October, nineteen hundred and twenty-nine, if that rateable value had been calculated in accordance with the enactments which were in force immediately before the commencement of this Act, but on the assumption that the net annual value of the hereditament was the net annual value thereof as on the said first day of October; and in relation to any area the aggregate of such rateable values of all the hereditaments in the area:

  • Water-rate” means any rate or other charge payable by consumers for the supply of water:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

Textual Amendments

F88Definitions of “Appropriate percentage” and “Appropriate year” repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F90Definition of “County bridge” repealed by London Government Act 1972 (c. 70), Sch. 30

F91Definition of “Gross annual value for income tax purposes” repealed by Finance Act 1963 (c. 25), Sch. 13 Pt. IV

F96Definition of “Weighted population” repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

Marginal Citations

135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97E+W

136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98E+W

Textual Amendments

F98S. 136 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99E+W

Textual Amendments

138 Short title and extent.E+W

(1)This Act may be cited as the Local Government Act, 1929.

(2)This Act shall not . . . F100 extend to Scotland, and shall not extend to Northern Ireland.

(3)The Minister may by order direct that this Act shall, subject to such exceptions, adaptations and modifications, if any, as may be specified in the order, extend to the Isles of Scilly, but except as so applied this Act shall not extend to the said Isles.

The Minister may by any such order amend or repeal any provisions contained in the order relating to the Isles of Scilly, which was confirmed by the M6Local Government Board’s Provisional Order Confirmation (No. 6) Act, 1890.

(4)The Minister may by order direct that the provisions of Part III of this Act and such other provisions of this Act as relate to the property, liabilities, and officers of highway authorities shall, subject to such exceptions, adaptations, and modifications, if any, as may be specified in the order, extend to the administrative county of the Isle of Wight, and any such order may amend or repeal any provision contained in the M7Isle of Wight (Highways) Act, 1925; but, except as so applied, the said provisions of this Act shall not extend to the said county.

Textual Amendments

Marginal Citations

M61890 c. clxxvi.

SCHEDULES

FIRST SCHEDULEE+W . . . F101

Section 85.

[F102SECOND SCHEDULEE+W Discontinued Grants

Textual Amendments

F102Sch. 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V but reproduced for the purpose of construing the remaining provisions of this Act

1E+WThe grants payable out of the Consolidated Fund or the growing produce thereof into the Local Taxation Account.

2E+WThe grants in aid of certain health services, that is to say, grants for maternity and child welfare, other than the training of midwives and health visitors, grants for the treatment of tuberculosis, grants for the treatment of venereal diseases, grants for the welfare of the blind, and grants in respect of mental defectives.

3E+WRoad grants, that is to say, grants made as classification grants in respect of roads and bridges classified by the Minister of Transport as roads and bridges of Class I or Class II, in London and county boroughs, and as grants for the maintenance of unclassified roads in counties.]

THIRD SCHEDULEE+W . . . F103

FOURTH AND FIFTH SCHEDULESE+W . . . F104

SIXTH SCHEDULEE+W . . . F105

SEVENTH SCHEDULEE+W . . . F106

EIGHTH SCHEDULEE+W . . . F107

NINTH SCHEDULEE+W

Part IE+W Transitional Provisions

Transfer of PropertyE+W

1E+WWhere any property is transferred by or in pursuance of Part VII of this Act from one authority to another authority or body—

(a)the property shall, except as otherwise expressly provided, be held by the authority or body to whom it is transferred subject to all debts and liabilities affecting the property;

(b)the latter authority or body shall hold the property for the estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not been passed, so far as they are not modified by or in pursuance of Part VII of this Act;

(c)if and so far as the property consists of stock, the provisions of the M8Local Government (Stock Transfer) Act, 1895, shall apply for the purposes of any such transfer in like manner, as if the transfer had been made by virtue of the M9Local Government Act, 1894, with this modification, that for the reference to a certificate of the clerk of the county council there shall be substituted a reference to a certificate of the Minister.

2—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

Textual Amendments

Provisions when liability for loan is transferred to the council who made the loanE+W

5E+WWhere the liabilities of an authority transferred to a council under Part VII of this Act comprises a liability on account of money aovanced by that council to the authority, the Minister may make such orders as he thinks fit for providing for the repayment of any debts incurred by the council for the purposes of those advances within a period fixed by the order, and, where the money advanced to the authority was money standing to the credit of any sinking fund or capital money applied under the M10Local Government Acts, 1888 and M111894, or either of them, for the repayment to the proper fund or account of the amount so advanced.

Provisions as to Loans of Rural District Councils for special ExpensesE+W

6E+WAs from the appointed day, any sum borrowed or reborrowed before that date by the council of a rural district on the credit of any rate out of which special expenses of the council are payable shall be deemed to have been borrowed also upon the credit of any moneys from time to time received by the council under this Act and applicable for the purposes for which the loan was contracted, and any mortgage for the purpose of securing the repayment of any sum so borrowed with interest thereon shall have effect accordingly.

Saving for Pending Contracts, Legal Proceedings, &c.E+W

7(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109E+W

(3)All contracts, deeds, bonds, agreements, notices, and other instruments affecting any functions, liabilities, debts, or property transferred by this Act and subsisting at the appointed day, shall be of as full force and effect against or in favour of the council to whom the transfer was made, and may be enforced as fully and effectually as if, instead of the authority named in the instrument, the council to whom the transfer was made had been a party thereto.

Textual Amendments

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

Textual Amendments

Part IIE+W

1—6.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

Textual Amendments

Section 132.

TENTH SCHEDULEE+W Adaptation of Enactments

General AdaptationsE+W

1E+WSubject to the provisions of this Schedule, references in any enactment so far as it applies to England to any of the terms mentioned in the first column of the following table shall be construed as references to the terms mentioned in the second column thereof.

ReferenceAdaptation
Board of GuardiansCouncil of a county or county borough.
Board of management or managers of a school district.Council of a county or county borough.
Chargeability for any poor law purpose to any parish, township or place, or to a parish or union, or to a union or parish, or to the common fund of a union.Chargeability to a county or county borough.
Clerk to the guardiansClerk of the county council or town clerk of the county borough, or such other officer as may for the purpose be appointed or designated by the council.
Common fund of the union or fund of the board of guardians for a single parish.County fund or general rate fund of the county borough.
District school or district poor law school.Separate school.
Guardian—as an individualMember of the council of a county or county borough.
Guardians—as a corporate bodyCouncil of a county or county borough.
Medical officer of a board of guardians or of a union.Poor law medical officer of a county or county borough.
Officer of a board of guardians or guardians or officer of a union or other area for which a board of guardians are constituted.Officer concerned with the relief of the poor.
Parish—as the area for which a board of guardians are constituted.County or county borough.
Parish—as the area in which a settlement is acquired or derived.County or county borough.
Parochial reliefPoor relief.
Poor law unionCounty or county borough.
Treasurer of a poor law unionCounty treasurer or treasurer of a county borough.
Union or other area for which a board of guardians are constituted.County or county borough.
Union or parochial reliefPoor relief.

2E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

3E+WWhere by any enactment any forms are prescribed, the Minister may by order make such adaptations thereof as may appear to him to be necessary for the purpose of bringing the forms into conformity with this Act.

4E+WThe Minister may by order made on the application of any council exercising functions under this Act make such amendments or adaptations of any local Act as may appear to him to be necessary for the purpose of bringing any provision of that Act into conformity with the provisions of this Act and any such order shall be laid before Parliament as soon as may be after it is made.

Special AdaptationsE+W

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

6, 7.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

8, 9.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

12, 13.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

16E+WAs from the first day of October, nineteen hundred and twenty-nine, section ten of the M12Allotments Act, 1922, shall not apply to land which is agricultural land within the meaning of Part V of this Act.

Marginal Citations

17E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

Special adaptations applying to the County of LondonE+W

23(1)References in any other enactment to the Metropolitan Asylum District or to an asylum district, shall be construed as references to the County of London, and references in any other enactment to the Metropolitan Asylum Managers or Metropolitan Asylums Board, or to an asylum board or managers of an asylum district constituted under the M13Poor Law Act, 1927, or under any enactment repealed by that Act, shall be construed as references to the London County Council.E+W

(2)References in any enactment to asylums or hospitals under the M14Metropolitan Poor Act, 1867, or provided by the Metropolitan Asylum Managers or by an asylum board, shall be construed as references to asylums and hospitals provided for the county of London under the Poor Law Act, 1927, or any enactment repealed by that Act.

Marginal Citations

24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

25E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

26E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

ELEVENTH SCHEDULEE+W . . . F130

Textual Amendments

F130Sch. 11 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

TWELFTH SCHEDULEE+W . . . F131

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