Local Government Act 1929

Part V E+W Rating and Valuation

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 67 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

68, 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 Ss. 68, 69 repealed by Rating and Valuation Act 1961 (c. 45), Sch. 5 Pt. I

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 S. 70 repealed by Local Government Act 1948 (c. 26), Sch. 2 Pt. II

71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 Ss. 71, 72 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

Consequential Provisions E+W

72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 Ss. 71, 72 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 73 repealed by Rating and Valuation Act 1961 (c. 45), Sch. 5 Pt. I

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W

Textual Amendments

F7 S. 74 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and Local Government Act 1958 (c. 55), Sch. 9 Pt. V

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, . . . F8 , 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

F8 Words repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 S. 76 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

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, . . . F10 , have effect as if for any reference to that value there were therein substituted a reference to the net annual value as so appearing.

[F11 (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, . . . F10 , 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 M1 Waterworks Clauses Act, 1847.]

Textual Amendments

F10 Words repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F11 S. 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

M1 1847 c. 17.

78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W

Textual Amendments

F12 S. 78 repealed by Land Drainage Act 1961 (c. 48), Sch. 2

79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W

Textual Amendments

F13 S. 79 repealed by Finance Act 1963 (c. 25), Sch. 13 Pt. IV and Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 S. 80 repealed by Representation of the People Act 1949 (c. 68), s. 175, Sch. 9

81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 S. 81 repealed by Finance Act 1963 (c. 25), Sch. 13 Pt. IV

82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W

Textual Amendments

F16 S. 82 repealed by Education Act 1944 (c. 31), Sch. 9 Pt. I and Local Government Act 1958 (c. 55), Sch. 9 Pt. V

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, . . . F17 , 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, . . . F17 , 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

F17 Words repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 S. 84 repealed by General Rate Act 1967 (c. 9), Sch. 14