Local Government Act 1948

Part I E+W+S

1—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–16, 141 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. VIII

Part II E+W+S

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 17, 21, 22, 24, 26–32, 101 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

18—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 Ss. 18–20, 25 repealed by Local Government (Financial Provisions) (Scotland) Act 1954 (c. 13), s. 12(1)

21, 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 Ss. 17, 21, 22, 24, 26–32, 101 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 S. 23 repealed by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 Ss. 17, 21, 22, 24, 26–32, 101 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 Ss. 18–20, 25 repealed by Local Government (Financial Provisions) (Scotland) Act 1954 (c. 13), s. 12(1)

26—32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 Ss. 17, 21, 22, 24, 26–32, 101 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Part III E+W+S Valuation and Rating Procedure

33, 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

35—38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

Textual Amendments

F10 Ss. 35–38, 83, 84 repealed by Rating and Valuation (Miscellaneous Provisions) Act 1955 (4 & 5 Eliz. 2 c. 9), Sch. 8 Pt. I

39—48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

49

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F12 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F13 S. 49(2)–(4), 62(2), 87(3) repealed by Lands Tribunal Act 1949 (c. 42), s. 10(4), Sch. 2

50—53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 Ss. 54, 65, 120(1)(2)(4), 123 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

55

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F16 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F17 S. 55(2) repealed by London County Council (General Powers) Act 1949 (c. lv), Sch.

56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

57

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F19 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F20 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W

Textual Amendments

F21 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

59

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F22 S. 59(1) repealed by Finance Act 1963 (c. 25), Sch. 13 Pt. IV

F23 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

60, 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

Textual Amendments

F24 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

Miscellaneous E+W+S

62 Appeals as to water rates. E+W

(1) So much of any statutory provision as authorises or requires any dispute arising in relation to water rates to be determined by a court of summary jurisdiction shall have effect as if it authorised or required that dispute to be determined by the county court for the county court district in which the property in question is situated.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F25 S. 49(2)–(4), 62(2), 87(3) repealed by Lands Tribunal Act 1949 (c. 42), s. 10(4), Sch. 2

Modifications etc. (not altering text)

C1 S. 62 amended by Lands Tribunal Act 1949 (c. 42), s. 1(3)(e)

63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27 E+W

Textual Amendments

F27 Ss. 54, 65, 120(1)(2)(4), 123 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

66, 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W

Textual Amendments

F28 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 E+W

Textual Amendments

F29 S. 68 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VIII

69, 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W

Textual Amendments

F30 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W+S

Textual Amendments

F31 S. 71 repealed with saving by General Rate Act 1967 (c. 9), s. 117(10)(c), Sch. 14 Pt. I

72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W

Textual Amendments

F32 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

73 Extent of Part III. E+W

This Part of this Act shall not extend to Scotland.

Part IV E+W+S

74—82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W+S

Textual Amendments

F33 Ss. 74–82 repealed by Valuation for Rating Act 1953 (c. 42), s. 1

83, 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 E+W+S

Textual Amendments

F34 Ss. 35–38, 83, 84 repealed by Rating and Valuation (Miscellaneous Provisions) Act 1955 (4 & 5 Eliz. 2 c. 9), Sch. 8 Pt. I

Part V E+W+S Rating of Transport and Electricity Authorities

Modifications etc. (not altering text)

C2 Part V excluded by Local Government (Scotland) Act 1966 (c. 51), ss. 18(1), 19(1)

85 General E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F35 S. 85(1) repealed (E.W.) by General Rate Act 1967 (c. 9), Sch. 14 Pt. I and s. 85 repealed (S.) by S.I. 1985/194, art. 8, Sch.

F36 Ss. 85(2), 145(6) repealed by Valuation and Rating (Scotland) Act 1956 (c. 60), Sch. 7 Pt. III

Railways and Canals; rating provisions E+W+S

F38 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W+S

Textual Amendments

F37 S. 86 repealed by (E.W.) General Rate Act 1976 (c. 9), Sch. 14 Pt. I

F38 Ss. 86, 109, 110 repealed (S.) by S.I. 1985/194, art. 8, Sch.

87 Railway or canal hereditaments partly used for other purposes. E+W+S

[F39 (1) Where a railway or canal hereditament is occupied partly for non-rateable purposes and partly for other purposes—

(a) the hereditament shall not, by virtue of the preceding provisions of this Part of this Act, be exempt from liability to be rated and from inclusion in any valuation list or in any rate; but

(b) there shall be ascribed to the hereditament such net annual value as may be just having regard to the extent to which it is occupied for those other purposes; and

(c) the deductions, if any, to be made from the net annual value in arriving at the rateable value shall be calculated with regard only to those other purposes.]

(2) Where by or under any enactment the amount of any water rate in England or Wales is to be determined by reference to the gross value or net annual value of any property as appearing in the valuation list for the time being in force, then, if the property in question is or forms part of a hereditament to which subsection (1) of this section applies, the value thereof for the purposes of that water rate shall not be determined by reference to the said gross value or the said net annual value but shall be determined in the event of any dispute by the county court for the county court district in which the property in question is situated.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

F39 S. 87(1) repealed (E.W.) by General Rate Act 1967 (c. 9), Sch. 14 Pt. I; modified by Transport Act 1968 (c. 73), s. 162(6) and S.I. 1978/1174, art. 8(4)(a)

F40 S. 49(2)–(4), 62(2), 87(3) repealed by Lands Tribunal Act 1949 (c. 42), s. 10(4), Sch. 2

Modifications etc. (not altering text)

C3 S. 87 amended by Lands Tribunal Act 1949 (c. 42), s. 1(3)(e)

C4 S. 87(1) modified (S.) by S.I. 1985/194, art. 7(5), 1985/196, art. 7(4)

88

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F41 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F42 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

89 Commencement of provisions as to railway or canal hereditaments and transitional provisions. E+W+S

[F43 (1) The provisions of this Part of this Act, so far as they relate to railway or canal hereditaments, the repeals in the M1 Railways (Valuation for Rating) Act 1930, the repeal of the enactments amending or applying that Act, and the abolition of the authorities referred to in that Act, shall (subject to the provisions of the next succeeding subsection) come into operation on the first day of April, nineteen hundred and forty-eight.

(2) The following provisions of this subsection shall have effect as from the passing of this Act, that is to say—

(a) the railway valuation roll for the fourth quinquennial period under the M2 Railways (Valuation for Rating) Act 1930, and the London Passenger Transport valuation roll for the third quinquennial period under the said Act as applied by the London Passenger Transport (Valuation for Rating) Scheme 1935, shall not be completed; and

(b) any part of such a roll for either of the periods aforesaid which has been completed shall be deemed never to have come into force; and

(c) any alteration made in any valuation list by way of substituting for values or other particulars appearing in that list values or other particulars entered in any such part of a roll as aforesaid shall be deemed never to have been made; and

(d) any valuation list altered as aforesaid, and any rate made, whether before or after the passing of this Act, in accordance with that list as so altered, shall be corrected accordingly; and

(e) where the preceding provisions of this subsection affect the amount of any rate levied in respect of any hereditament in accordance with any such list, the difference, if too much has been paid, shall be repaid or allowed, or, if too little has been paid, shall be paid and may be recovered as if it were arrears of the rate,

and any reference in the subsequent provisions of this section to a valuation list shall be construed, in relation to a valuation list which is required by this subsection to be corrected, as a reference to the list as so corrected.]

(3)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F43 S. 89(1)(2) repealed (E.W.) by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F44 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

Marginal Citations

M1 1930 c. 24.

M2 1930 c. 24.

90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45 E+W+S

Textual Amendments

F45 S. 90 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V and Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W+S

Textual Amendments

F46 S. 91 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I and S.I. 1978/1175, Sch.

92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47 E+W+S

Textual Amendments

F47 Ss. 92, 96(1) repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V and S.I. 1978/1175, Sch.

Payments by British Transport Commission for benefit of local authorities E+W+S

93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48 E+W+S

Textual Amendments

F48 Ss. 93, 94(1), 95 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II

[F49 94 Adjustments of British Transport Commission’s payments for changes in the average rates. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(2) The aggregate gross charge to rates . . . F51 , for Scotland, for the year preceding the year for which the payment by the British Transport Commission in question has to be made, as ascertained and certified by the Minister or, as the case may be, the Secretary of State, shall be multiplied by two hundred and forty and divided by the rateable value . . . F51 , for Scotland, for the said preceding year, as so ascertained and certified.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

[F53 (2AA) In ascertaining the gross charge aforesaid for Scotland for any year the Secretary of State shall treat the aggregate amount of the domestic element of rate support grants for that year as an amount required to be paid by virtue of the rates levied for that year by authorities in Scotland.]

(3) The results of the calculation directed to be made by subsection (2) of this section shall then be reduced or increased to the nearest whole number, by ignoring any fraction which is less than one-half and treating any other fraction as equivalent to one.

(4) The adjustment . . . F54 is the application to the standard amount of the fraction of which the numerator is the result of the calculation directed to be made by subsection (2) of this section, reduced or increased to the nearest whole number, and the denominator is—

(a) . . . F55

(b) in the case of a payment for the benefit of local authorities in Scotland, . . . F56 the number certified by the Secretary of State to be the estimated result, to the nearest whole number, of a similar calculation as respects Scotland.]

Textual Amendments

F49 S. 94 repealed by (E.W.) General Rate Act 1976 (c. 9), Sch. 14 Pt. I and (1.4.1978) as to the British Railways Board, the National Freight Corporation and any subsidiary of that Board or Corporation in Scotland by S.I. 1978/1174, Sch.

F50 Ss. 93, 94(1), 95 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II

F51 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

F52 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F53 S. 94 (2AA) inserted by Local Government (Scotland) Act 1966 (c. 51), Sch. 5 para. 2

F54 Words repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II

F55 S. 94(4)(a) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

F56 Word repealed by Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9), Sch. 3

Modifications etc. (not altering text)

C5 S. 94(2)–(4) applied by Transport Act 1962 (c. 46), s. 66(4)

95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57 E+W+S

Textual Amendments

F57 Ss. 93, 94(1), 95 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II

96

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(3) In this section and the two next succeeding sections, the expression “the standard amount” means, in relation to a payment for the benefit of local authorites in England and Wales, the sum of eleven million two hundred and fifty thousand pounds, and, in relation to a payment for the benefit of local authorities in Scotland, such sum as is certified by the Secretary of State to be the estimated amount which would have been payable by way of rates in Scotland outside the North of Scotland District for the year 1947–48 in respect of the lands and heritages belonging to the British Electricity Authority or an Area Electricity Board which are by virtue of this Act not liable to be rated.

Textual Amendments

F58 Ss. 92, 96(1) repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V and S.I. 1978/1175, Sch.

F59 S. 96(2) repealed by Local Government (Scotland) Act 1966 (c. 51), s. 17(3)(a)

Modifications etc. (not altering text)

C6 THE TEXT OF s. 96(3) IS IN THE FORM IN WHICH IT WAS ORIGINALLY ENACTED: IT WAS NOT REPRODUCED IN STATUTES IN FORCE AND DOES NOT REFLECT ANY AMENDMENTS OR REPEALS WHICH MAY HAVE BEEN MADE PRIOR TO 1.2.1991.

97

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

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

Textual Amendments

F60 S. 97(1) repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II

F61 Ss. 97(2), 99, 107 repealed by S.I. 1978/1175, Sch.

98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62 E+W+S

Textual Amendments

F62 S. 98 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II and S.I. 1978/1175, Sch.

99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63 E+W+S

Textual Amendments

F63 Ss. 97(2), 99, 107 repealed by S.I. 1978/1175, Sch.

General provision as to payments for benefit of local authorities E+W+S

[F64 100 Provisions as to making and division of payments for benefit of local authorities. E+W+S

[F65 (1) The sums falling to be paid under the preceding provisions of this Part of this Act for the benefit of . . . F66 local authorities in Scotland shall be paid to the Secretary of State.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(3) The sums so paid to the Secretary of State for any year shall be distributed by him [F68 among local authorities or any classes thereof in accordance with regulations made by him under section 111 of the M3 Local Government (Scotland) Act 1973.]]

Textual Amendments

F64 S. 100 repealed (1.4.1978) as to the British Railways Board, the National Freight Corporation and any subsidiary of that Board or Corporation in Scotland by S.I. 1978/1174, Sch. and as to a Scottish Electricity Board by S.I. 1978/1175, Sch.

F65 S. 100(1) repealed (E.W.) by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F66 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

F67 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F68 Words substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 14

Modifications etc. (not altering text)

C7 S. 100(1)(3) amended by Transport Act 1962 (c. 46), s. 66(8)

Marginal Citations

M3 1973 c. 65.

101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69 E+W+S

Textual Amendments

F69 Ss. 17, 21, 22, 24, 26–32, 101 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

[F70 102 Treatment of payments for benefit of local authorities. E+W+S

(1) Any payments made under this Part of this Act by the British Transport Commission, the British Electricity Authority [F71 the Electricity Council] or the North of Scotland Hydro-Electric Board shall, if and so far as it is so prescribed, be taken into account for any purposes of this or any other Act as if they were paid on account of rates, and in computing the product of a penny rate, but, save as aforesaid, shall not be deemed to be payments on account of rates.

(2) Where, under any statutory provision other than this Act, any amount falls to be calculated by reference to the rateable value for any area, the Minister or, as respects Scotland, the Secretary of State, may by regulations provide that, for the purposes of that statutory provision, the rateable value for the area of any local authority who receive any payment from the sums paid for the benefit of local authorities under this part of this Act shall be deemed to be increased by an amount calculated, by reference to the payments so made to that authority, in such manner as may be prescribed by the regulations.]

Textual Amendments

F70 S. 102 repealed by (E.W.) General Rate Act 1967 (c. 9), Sch. 14 Pt. I and (1.4.1978) as to the British Railways Board, the National Freight Corporation and any subsidiary of that Board or Corporation in Scotland by S.I. 1978/1174, Sch. and as to a Scottish Electricity Board by S.I. 1978/1175, Sch.

F71 Words inserted by Electricity Act 1957 (c. 48), Sch. 4 Pt. II

Modifications etc. (not altering text)

C8 S. 102(1) amended by Transport Act 1962 (c. 46), s. 66(8)

103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72 E+W+S

Textual Amendments

F72 S. 103 repealed by Electricity Act 1957 (c. 48), Sch. 5 Pt. I

Miscellaneous E+W+S

104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73 E+W+S

Textual Amendments

F73 S. 104 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74 E+W+S

Textual Amendments

F74 Ss. 105, 125 and 138 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 E+W+S

Textual Amendments

F75 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76 E+W+S

Textual Amendments

F76 Ss. 97(2), 99, 107 repealed by S.I. 1978/1175, Sch.

108 Assessor of Public Undertakings (Scotland). E+W+S

(1) The Secretary of State may by order—

(a) from time to time provide for the transfer to such other persons as may be specified in the order of the functions of the Assessor of Public Undertakings (Scotland) remaining after the coming into operation of this Part of this Act; and

(b) provide for the discontinuance of the office of the said Assessor.

(2) The Secretary of State may by regulations make provision with regard to all or any of the following matters—

(a) the payment of compensation to the said Assessor or any clerk or other officer employed by him in respect of any pecuniary loss incurred by the Assessor, clerk or officer by reason of the determination of his office or the diminution of his emoluments in consequence of this Act or of anything done thereunder;

(b) the superannuation benefits of any such person as aforesaid who becomes a civil servant or a pensionable officer or servant of a local authority and—

(i) the reckoning for the purposes of [F77 the principal civil service pension scheme within the meaning of section 2 of the M4 Superannuation Act 1972 or of regulations made under section 7 of that Act in its application to Scotland], of the service of such person as Assessor or as such clerk or officer in like manner as if it were civil service or service rendered to the local authority as the case may be; or

(ii) the application, subject to such modifications as may be prescribed in the regulations, to any such person who becomes a civil servant of any enactment [F78 or scheme] relating to the superannuation of persons transferring from local government service to civil service, and to any such person who becomes an officer or servant of a local authority of the aforesaid [F77 regulations], in like manner in either case as if his service as Assessor or as such clerk or officer were service rendered to a local authority;

(c) the payment by the Secretary of State of any compensation or superannuation benefit or transfer value payable under the regulations and the recovery of the sums so paid by such contributions (whether by way of lump sum or periodical payments) from the British Transport Commission, the British Electricity Authority, the North of Scotland Hydro-Electric Board and the bodies included in the valuation roll made up by the said Assessor for the year 1948-49 as may be specified in the regulations.

(3) The last foregoing subsection shall, as regards any case where the said Assessor or any clerk or officer employed by him becomes a pensionable officer or servant of a local authority in England, have effect as if for any reference to the Secretary of State there were substituted a reference to the Secretary of State and the Minister, acting jointly, and for any reference to [F79 regulations made under section 7 of the M5 Superannuation Act 1972 in its application to Scotland there were substituted a reference to regulations made under that section in its application to England and Wales].

(4) In this section, the expression “local authority” has the like meaning as in the M6 Local Government Superannuation (Scotland) Act 1937, or the M7 Local Government Superannuation Act 1937, as the case may be.

Textual Amendments

F77 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 24

F78 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 24

F79 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 24

Marginal Citations

M4 1972 c. 11.

M5 1972 c. 11.

M6 1937 c. 69.

M7 1937 c. 68.

F81 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80 E+W+S

Textual Amendments

F80 S. 109 repealed by (E.W.) General Rate Act 1967 (c. 9), Sch. 14 Pt. I and (1.4.1978) as to the British Railways Board, the National Freight Corporation and any subsidiary of that Board or Corporation in Scotland by S.I. 1978/1174, Sch.

F81 Ss. 86, 109, 110 repealed (S.) by S.I. 1985/194, art. 8, Sch.

F83 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82 E+W+S

Textual Amendments

F82 S. 110 repealed by (E.W.) General Rate Act 1967 (c. 9), Sch. 14 Pt I and (1.4.1978) as to the British Railways Board, the National Freight Corporation and any subsidiary of that Board or Corporation in Scotland by S.I. 1978/1174, Sch.

F83 Ss. 86, 109, 110 repealed (S.) by S.I. 1985/194, art. 8, Sch.

Part VI E+W+S

111—119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84 E+W+S

Textual Amendments

F84 Ss. 111–119, 129–132, 134, 135 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Part VII E+W+S Miscellaneous

120

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

Textual Amendments

F85 Ss. 54, 65, 120(1)(2)(4), 123 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F86 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

121 Provisions as to precepts for expenses of Metropolitan Police. E+W+S

(1) . . . F87 for the purpose of providing money for meeting such expenses as may be authorised by or under any enactment or by the Secretary of State to be paid out of the Metropolitan Police Fund, being expenses for which provision is not otherwise made, the Receiver for the Metropolitan Police District, may with the consent of the Secretary of State, issue precepts to rating authorities in accordance with the subsequent provisions of this section.

(2) Except in relation to the expenses mentioned in the next succeeding subsection, precepts issued under this section shall be issued to all rating authorities with areas falling wholly or partly within the Metropolitan Police District, but where the area of a rating authority is only partly within that District, the precepts shall be so issued as to secure that the rate is levied only on that part of the area which is within that District.

(3) In relation to expenses of and incidental to the metropolitan police courts and the probation system within the metropolitan police court area respectively, precepts issued under this section shall be issued to all rating authorities with areas falling wholly or partly within the metropolitan police court area:

Provided that where only part of the area of a rating authority is within the metropolitan police court area, the precepts shall, except in any case where the Minister, on the application of the rating authority, by order directs that this proviso shall not apply, be so issued as to secure that the rate is levied only on that part.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

(5) Notwithstanding anything in the preceding provisions of this section, one precept may be issued in respect of all the expenses mentioned in subsection (1) of this section, including as separate items contributions to each of the classes of expenses mentioned in subsections (2) and (3) of this section, and the preceding provisions of this section . . . F89 shall, with the necessary adaptations, have effect accordingly.

(6) The receipts of and incidental to the metropolitan police courts and the probation system within the metropolitan police court area respectively shall enure for the benefit of the rating authorities mentioned in subsection (3) of this section to the exclusion of those not so mentioned, and the precepts to be issued under this section shall be issued accordingly.

(7) Where the receipts of and incidental to the metropolitan police courts or the probation system within the metropolitan police court area respectively exceed the expenses of those courts or, as the case may be, of that system, effect may, . . . F89 , be given to the provisions of the last preceding subsection by means of the issue of a precept under this section requiring a rate to be levied in the areas mentioned in the said subsection (3) or in a part of such an area of a lower amount in the pound than in the areas not so mentioned, or as the case may be, than in the other parts of that area.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

Textual Amendments

F87 Words repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F88 Ss. 33, 34, 39–48, 49(1), 50–53, 55(1), 56, 57(1), 58, 59(2), 60, 61, 63, 64, 66, 67, 69, 70, 88(2), 94(2A), 100(2), 120(3), 121(4), Sch. 1 paras. 1, 3 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F89 Words repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F90 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F91 S. 121(9) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

Modifications etc. (not altering text)

C9 References to metropolitan police courts within the metropolitan police court area to be construed as references to magistrates' courts for the inner London area: Administration of Justice Act 1964 (c. 42), Sch. 3 paras. 2, 4

122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92 E+W+S

Textual Amendments

F92 S. 122 repealed by Rating and Valuation Act 1961 (c. 45), Sch. 5 Pt. I

123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93 E+W+S

Textual Amendments

F93 Ss. 54, 65, 120(1)(2)(4), 123 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

124 Subjects to be valued by Assessor of Public Undertakings (Scotland). E+W+S

(1) [F94 Subject to the provisions of any other enactment] It shall be the duty of the Assessor of Public Undertakings (Scotland) (hereinafter referred to as “the Assessor”) to ascertain and fix the value of all lands and heritages belonging to or leased by—

(a) the British Transport Commission, other than lands and heritages—

(i) . . . F95

(ii) which are occupied as a dwelling-house, hotel or place of public refreshment; or

(iii) which are so let out as to be capable of separate assessment; [F96 or

(iv) to which section one of the M8 Rating and Valuation (Scotland) Act 1952 applies]; and

(b) any company, corporation or local authority and forming part of a tramway undertaking.

(2) The Assessor shall, on or before such date in each year as may be prescribed by the Secretary of State, inquire into and fix in cumulo the . . . F97 , net annual and rateable values of—

(a) the lands and heritages of which the Assessor is required by the last foregoing subsection to ascertain and fix the value; . . . F98

(b) . . . F98

and shall fix the proportions of such cumulo values to be assigned to each [F99 islands area] or district in which the lands and heritages or any part thereof are situated.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

Textual Amendments

F94 Words inserted by S.I. 1978/1174, art. 8(4)(b)

F95 S. 124(1)(a)(i) repealed by S.I. 1978/1174, art. 8(4)(b)

F96 S. 124(1)(a)(iv) added by Rating and Valuation (Scotland) Act 1952 (c. 47), Sch. 1

F97 Words repealed by Valuation and Rating (Scotland) Act 1956 (c. 60), Sch. 7 Pt. IV

F98 Word and s. 124(2)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F99 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 122, Sch. 9 para. 37

F100 S. 124(3) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

Modifications etc. (not altering text)

C10 S. 124 amended by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. I para. 2; restricted by S.I. 1979/951, arts. 3, 10(b)

C11 S. 124 modified by S.I. 1985/588, art. 10(b)

C12 S. 124(1) amended (transfer of functions) by S.I. 1982/330, art. 2

C13 S. 124(2) extended by Transport Act 1968 (c. 73), s. 162(4)(b)

Marginal Citations

M8 1952 c. 47.

125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101 E+W+S

Textual Amendments

F101 Ss. 105, 125 and 138 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102 E+W+S

Textual Amendments

F102 S. 126 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. I

127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103 E+W+S

Textual Amendments

F103 S. 127 repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33), Sch. 6 para. 70

128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104 E+W+S

Textual Amendments

F104 Ss. 128, 144(2) repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II

129—132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105 E+W+S

Textual Amendments

F105 Ss. 111–119, 129–132, 134, 135 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

133 War memorials. E+W+S

(1) In section (1) of the M9 War Memorials (Local Authorities’ Powers) Act, 1923 (which enables local authorities, as defined in that Act, to incur reasonable expenditure in the maintainance, repair and protection of war memorials in their district which are vested in them) for the words “which may be vested in them” there shall be substituted the words “whether vested in them or not.”

(2) The matters on which expenditure may be incurred under the said section one shall include the alteration of any memorial to which that section applies so as to make it serve as a memorial in connection with any war subsequent to that in connection with which it was erected and the correction of any error or omission in the inscription on any such memorial.

(3) The M10 War Memorials (Local Authorities’ Powers) Act 1923, as amended by the foregoing provisions of this section shall extend to Scotland subject to the following modifications—

[F106 (ia) in section 1, for the words “within their district” there shall be substituted the words “whether within or outside their area”]

(i) [F107 section] four shall not apply; and

[F108 (ii) “local authority” means [F109 an] island or district council.]

Textual Amendments

F106 S. 133(ia) inserted by Local Government (Scotland) Act 1973 (c. 65), s. 170(2)(a)

F107 Word substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 88

F108 S. 133(3)(ii) substituted by Local Government (Scotland) Act 1973 (c. 65), s. 170(2)(b)

F109 Word substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(1), Sch. 3 para. 2

Modifications etc. (not altering text)

C14 THE TEXT OF S.133(1) IS IN THE FORM IN WHICH IT WAS ORIGINALLY ENACTED: IT WAS NOT REPRODUCED IN STATUTES IN FORCE AND DOES NOT REFLECT ANY AMENDMENTS OR REPEALS WHICH MAY HAVE BEEN MADE PRIOR TO 1.2.1991.

C15 The “said section one” means War Memorials (Local Authorities' Powers) Act 1923 (c. 18), s. 1

Marginal Citations

M9 13 & 14 Geo. 5. c. 18.

M10 1923 c. 18.

134, 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110 E+W+S

Textual Amendments

F110 Ss. 111–119, 129–132, 134, 135 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111 E+W+S

Textual Amendments

F111 S. 136 repealed by Local Government Act 1972 (c. 70), Sch. 30

137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112 E+W+S

Textual Amendments

F112 S. 137 repealed by Decimal Currency Act 1969 (c. 19), Sch. 4

138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113 E+W+S

Textual Amendments

F113 Ss. 105, 125 and 138 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114 E+W+S

Textual Amendments

F114 S. 139 repealed by Statute Law (Repeals) Act 1975 (c. 10) Sch. Pt. XIV

Part VIII E+W+S General

140 Compensation to officers. E+W+S

(1) The Minister shall by regulations provide for the payment by the appropriate authority, subject to such exceptions or conditions as may be specified in the regulations, of compensation to persons who are, or who, but for any war service in which they have been engaged, would be, officers or servants of any rating authority, any joint committee of rating authorities, any assessment committee, any county valuation committee, any council of a county, the quarter sessions for the County of London, . . . F115 who suffer loss of employment or loss or diminution of emoluments which is attributable to the coming into force of any Part of this Act.

(2) Any such regulations may include provision as to the manner in which and the persons to whom any claim for compensation under this section is to be made, and for the determination of all questions arising under the regulations.

(3) The appropriate authority referred to in subsection (1) of this section is—

(a) in the case of officers or servants of a rating authority, the rating authority;

(b) in the case of officers or servants of a joint committee of rating authorities, all the rating authorities represented on that committee in proportion to the rateable values of their rating areas on the thirty-first day of March, nineteen hundred and forty-eight;

(c) in the case of officers or servants of an assessment committee, the rating authority for the assessment area of that committee, or, where the assessment area consists of more than one rating area, all the rating authorities in that assessment area in proportion to the rateable values of their rating areas on the thirty-first day of March, nineteen hundred and forty-eight;

(d) in the case of officers or servants of a council of a county or of a county valuation committee, the council of the county;

(e) in the case of officers or servants of the quarter sessions for the County of London, the London County Council; . . . F116

(f) . . . F117

(4) In this section, the expression “war service” means service in any of His Majesty’s forces and such other employment as may be prescribed by regulations of the Minister.

Textual Amendments

F115 Words repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V and Pensions (Increase) Act 1971 (c. 56), Sch. 8 Pt. I

F116 Word repealed by Pensions (Increase) Act 1971 (c. 56), Sch. 8 Pt. I

F117 S. 140(3)(f) repealed by Pensions (Increase) Act 1971 (c. 56), Sch. 18 Pt. I

141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118 E+W+S

Textual Amendments

F118 Ss. 1–16, 141 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. VIII

142 Provisions as to statutory instruments under this Act. E+W+S

(1) Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament:

Provided that this subsection shall not apply where, under any of the preceding provisions of this Act, a power to make regulations is expressed to be exercisable by statutory instrument and either—

(a) the instrument is required to be laid before Parliament after it is made; or

(b) a draft of the instrument is required to be laid before Parliament.

(2) Any power to make orders conferred by this Act shall be exercisable by statutory instrument.

143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119 E+W+S

Textual Amendments

F119 S. 143 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

144 Interpretation. E+W+S

(1) In this Act, except so far as the contrary is expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “Minister” means [F120 the Secretary of State];

• “local authority” means the council of a county, county borough, [F121 London borough] or [F122 district], or the Common Council of the City of London;

• “year” means a period of twelve months beginning with the first day of April;

• “rating area”, “rate”, “owner”, “hereditament” and “clerk” have . . . F123 the meanings assigned to them by [F124 section one hundred and fifteen of the M11 General Rate Act 1967];

• [F125 “garden” includes a park;]

• “railway” includes a light railway and a tramway authorised to be constructed by any special Act, other than a light railway or tramway laid wholly or mainly along a public [F126 highway][F126 road]and used wholly or mainly for the carriage of passengers;

• “inland waterway” includes any such waterway, whether natural or artificial;

• “statutory provision” means a provision, whether of a general or special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

(3) Any reference in this Act to the product of a rate of a specified sum in the pound for any area shall be construed as a reference to the aggregate of the product of a rate of one penny in the pound for all the rating areas within the area multiplied by the number of pence in the said sum.

(4) The product of a rate of one penny in the pound for a rating area shall, for the purposes of this Act, be taken to be the product of a penny rate for that area as ascertained or estimated for the purpose of subsection (2) of section nine of the Rating and Valuation Act, 1925:

Provided that—

(a) in the case of an area in London, the product of a penny rate for the area shall, as respects years as respects which the said subsection (2) does not extend to London, be taken to be the product of a penny rate for the area as ascertained or estimated by the district auditor in accordance with the principles for the time being applicable outside London to the ascertainment and estimation of the product of a penny rate for the purposes of the said section nine ;

(b) nothing in this subsection detracts from the provisions of this Act enabling the Minister to make regulations as respects the way in which payments for the benefit of local authorities under Part V of this Act are to be treated.

(5) Any reference in this Act to the aggregate gross charge to rates for any year for any area shall be construed as a reference to the total of the amounts required to be paid by virtue of all the rates made by all the authorities in the area for the year or any part thereof, calculated as if, in the case of each hereditament, the amount payable were that ascertained by applying the poundage of the rate to the rateable value of the hereditament, without any allowance or deduction.

(6) In this Act, the expression 1947-48 means the year ending on the thirty-first day of March, nineteen hundred and forty-eight, and any corresponding expression in which two years are similarly mentioned means the year ending on the thirty-first day of March in the second mentioned of those two years.

(7) In this Act, the expression “the North of Scotland District” means, as respects any period up to and including the vesting date within the meaning of the M12 Electricity Act 1947, the North of Scotland District as existing on that date for the purposes of that Act, and, as respects any subsequent period, means that District as for the time being existing for the purposes of that Act.

(8) Any references in this Act to a local authority in a county shall be construed as including only local authorities whose areas form part of the county.

[F128 (9) Any reference in this Act to the alteration of a valuation list or draft valuation list includes a reference to the insertion in the list or draft list or the omission from the list or draft list of any hereditament, and references to the alteration of the valuation list with respect to a hereditament shall be construed accordingly.]

(10) Except so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.

Textual Amendments

F120 Words substituted by virtue of S.I. 1951/142 (1951 I, p. 1348), arts. 3, 5(2) Sch. 1 Pt. I, 1951/1900 (1951I, p. 1347), art. 1 and 1970/1681, arts. 2(i), 6(3)

F121 Words substituted by London Government Act 1963 (c. 33), Sch. 15 para. 21

F122 Word substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F123 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F124 Words substituted by virtue of General Rate Act 1967 (c. 9), s. 116(6)

F125 Definition repealed (E.W.) by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F126 Word “road” substituted (S.) for “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 36

F127 Ss. 128, 144(2) repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II

F128 S. 144(9) repealed (E.W.) by General Rate Act 1967 (c. 9), Sch. 14

Modifications etc. (not altering text)

C16 S. 144(3)(4)(8) repealed in relation to Pt. V of this Act by Local Government (Scotland) Act 1973 (c. 65), s. 122, Sch. 9 para. 38; THE TEXT OF THESE SUBSECTIONS IS IN THE FORM IN WHICH IT WAS ORIGINALLY ENACTED: IT WAS NOT REPRODUCED IN STATUTES IN FORCE AND, EXCEPT AS SPECIFIED, DOES NOT REFLECT ANY AMENDMENTS OR REPEALS WHICH MAY HAVE BEEN MADE PRIOR TO 1.2.1991.

Marginal Citations

M11 1967 c. 9.

M12 1947 c. 54.

145 Application to Scotland. E+W+S

(1) This Act in its application to Scotland shall have effect subject to the modifications specified in this section.

(2) The following expressions shall, except so far as the contrary is expressly provided or the context otherwise requires, have the meanings hereby assigned to them, that is to say—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

• [F130 “local authority” means a regional, islands or district council;]

• [F131 “rate” has the same meaning as in the M13 Local Government (Scotland) Act 1947, but except in Part V of this Act, does not include a rate levied as a domestic water rate;]

• [F131 “rate” means the non-domestic rate and, for the purposes of Part V of this Act, includes the non-domestic water rate and the non-domestic sewerage rate;]

• “rating authority” has the like meaning as in Part XI of the M14 Local Government (Scotland) Act 1947.

(3) For any reference to a valuation list there shall be substituted a reference to a valuation roll; for any reference to rates made there shall be substituted a reference to rates levied; for any reference to a hereditament there shall be substituted a reference to lands and heritages within the meaning of the M15 Lands Valuation (Scotland) Act 1854; and for references to the thirty-first day of March and to the first day of April there shall (except in relation to the abolition of the authorities created by the M16 Railways (Valuation for Rating) Act 1930) be respectively substituted references to the fifteenth and to the sixteenth days of May.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132 , any reference to the rateable value for an area for a year shall be construed as a reference to the rateable value shown in the valuation roll for that area in force on the first day of that year or, if the area comprises more than one area for valuation purposes, to the total of the rateable values shown in the roll in force as aforesaid for any part of the area.

(5) The product of a rate of a specified sum in the pound for any area shall be the amount bearing the same proportion to the product of the rate for the area in question as the specified sum bears to the amount in the pound of the rate levied in that area.

For the purposes of this subsection—

(a) the product of a rate for an area for any year shall be deemed to be the amount actually realised during that year by the collection of the rate in that area; and

(b) where two or more parts of an area are differentially rated the product of a rate of a specified sum in the pound shall be separately ascertained for each part thereof in accordance with the foregoing provisions of this subsection and the sum of those amounts shall be the product of a rate of the specified sum in the pound for the rating area.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(7) For the purposes of this Act, any contribution made by the Crown in aid of rates in respect of any lands and heritages owned by the Crown or occupied by or on behalf of the Crown for public purposes shall be treated as money paid as rates.

Textual Amendments

F129 Definitions of “large burgh” and “small burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F130 Definition substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 9 para. 39(b)

F131 Definition of “rate”commencing “means the non-domestic rate” substituted (S.) for the definition commencing “has the same meaning as in” by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 103:2), s. 6, Sch. 1 Pt. III para. 17

F132 Words repealed by Valuation and Rating (Scotland) Act 1956 (c. 60), Sch. 7 Pt. III

F133 Ss. 85(2), 145(6) repealed by Valuation and Rating (Scotland) Act 1956 (c. 60), Sch. 7 Pt. III

Marginal Citations

M13 1947 c. 43.

M14 1947 c. 43.

M15 1854 c. 91.

M16 1930 c. 24.

146 Application to Isles of Scilly. E+W+S

The provisions of this Act shall, in relation to the Isles of Scilly, have effect subject to such modifications as the Minister may by order direct, and any order under this section may be revoked or varied by any subsequent order.

147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134 E+W+S

Textual Amendments

F134 Ss. 57(2), 72, 88(1), 89(3)–(7), 106, 121(8), 147, Schs. 1 para. 2, 2 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

148 Short title and extent. E+W+S

(1) This Act may be cited as the Local Government Act 1948.

(2) This Act shall not extend to Northern Ireland.