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Textual Amendments
F1S. 75 repealed by Representation of the People Act 1949 (c. 68), s. 175, Sch. 9
Textual Amendments
(1)All enactments in any Act, whether general or local and personal, relating to any business, powers, duties or liabilities transferred by or in pursuance of this Act from any authority to a county council, . . . F3, or to any joint committee, shall, subject to the provisions of this Act, and so far as circumstances admit, be construed as if—
(a)any reference therein to the said authority or to any committee or member thereof or to any meeting thereof (so far as it relates to the business, powers, duties, or liabilities transferred) referred to the county council or to a committee or member thereof or to a meeting thereof, as the case requires, and as if—
(b)a reference to any clerk or officer of such authority referred to the clerk or officer of a county council or committee thereof, as the case requires,
and all the said enactments shall be construed with such modifications as may be necessary for carrying this Act into effect.
(2)Provided that the transfer of powers and duties enacted by this Act shall not authorise any county council or any committee or member thereof—
(a)to exercise any of the powers of a court of record; or
(b)to administer an oath; or
(c)to exercise any jurisdiction under the Summary Jurisdiction Acts, or perform any judicial business, or otherwise act as justices or a justice of the peace,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(3)Where under any such enactment as in this section mentioned, any powers, duties, or liabilities are to be exercised or discharged after any presentment or in any particular manner, or at any particular meeting, or subject to any other conditions, the county council may, by the standing orders for the regulation of their proceedings, provide for the exercise and discharge of those powers, duties, and liabilities without any such prior presentment or in a different manner, or at any meeting of the council fixed by the standing orders, or without such other conditions; and until such standing orders take effect shall exercise and discharge them in the like manner, and at the like time, and subject to the like conditions, so nearly as circumstances admit; F5...
(4)For the purposes of this section the expression “authority” means a Secretary of State, the Board of Trade, the Local Government Board, and any Government Department, also any commissioners, conservators, or public body, corporate or unincorporate, specified in a Provisional Order transferring any powers, duties, or liabilities to the county council, also any quarter sessions and any justices, also the Metropolitan Board of Works, or other local authority mentioned in this Act; and the expression “member of an authority” includes, where the authority are quarter sessions or justices, any justice, and the expression “meeting of an authority” includes a court of quarter sessions and the assembly of justices in special or petty sessions; and the expression “clerk of an authority” includes in relation to any quarter sessions or justices, the clerk of the peace or the clerk to a justice as the case requires.
This section shall apply as if a joint committee were a committee of the county council.
Textual Amendments
F3Words repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I
F4Words repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
F5Words in s. 78(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3
Modifications etc. (not altering text)
C1Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537
C2Functions of Metropolitan Board of Works now exercisable by Greater London Council: Local Government Act 1888 (c. 41), s. 40(8)(9), London Government Act 1963 (c. 33), ss. 2, 3(1)(b), Sch. 2 and Local Government Act 1972 (c. 70), s. 8, Sch. 2
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(2)All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county.
(3)Where any enactment (whether relating to . . . F7 bridges, or other county purposes, or to quarter sessions) requires or authorises land to be conveyed or granted to, or any contract or agreement to be made in the name of, the clerk of the peace, or any justice or justices or other person, on behalf of the county or quarter sessions, or justices of the county, such land shall be conveyed or granted to, and such contract and agreement shall be made with, the council of the . . . F8 county concerned.
Textual Amendments
F6Ss. 79(1), 80 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1939 (c. 40), Sch. 8
F7Words repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1939 (c. 40), Sch. 8
F8Word repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
Textual Amendments
[F10(1)Any county council or councils, and any court or courts of quarter sessions, may from time to time join in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested.]
(2)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F10S. 81(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV but reproduced for the purpose of construing the remaining provisions of this Act
F11S. 81(2)–(8) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Textual Amendments
F12S. 82 repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
Textual Amendments
F13S. 83 repealed by S.I. 1974/1351
Textual Amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 bicycles, tricycles, velocipedes, and other similar machines are hereby declared to be carriages within the meaning of the Highway Acts;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F15Words repealed by Statute Law Revision Act 1908 (c. 49), Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II
F16Words repealed by Road Traffic Act 1930 (c. 43), Sch. 5
F17S. 85(1)(a) repealed by Road Transport Lighting Act 1927 (c. 37), Sch.
F18S. 85(1)(b), (2) repealed by Road Traffic Act 1930 (c. 43), Sch. 5
Textual Amendments
F19S. 86 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20S. 87 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3
Textual Amendments
F21S. 88 repealed by London Government Act 1939 (c. 40), Sch. 8
Textual Amendments
F22S. 89 repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
Textual Amendments
F23S. 90 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
Textual Amendments
F24S. 91 repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
Textual Amendments
Textual Amendments
F28S. 93 repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I
Textual Amendments
F29S. 94 repealed by Local Government Act 1929 (c. 17), s. 134, Sch. 12 Pt. VI
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
(2)Where any enactment, deed, instrument, or document refers to the county of Middlesex, Surrey, or Kent, such enactment, deed, instrument, or document shall be construed to apply to the same area to which it would have applied if this Act [F31and the M1London Government Act 1963] had not passed, except where such application is inconsistent with this Act [F31or with the said Act of 1963 or any instrument made thereunder], or where the object of such enactment, deed, instrument, or document requires that it shall be construed to apply to [F32the area consisting of the inner London boroughs, the City of London, the Inner Temple and the Middle Temple].
Textual Amendments
F30S. 95(1) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
F31Words inserted by S.I. 1965/654
F32Words substituted by S.I. 1965/654
Marginal Citations
Textual Amendments
F33S. 96 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
Textual Amendments
Notwithstanding anything in the foregoing sections of this Act, the Commissioners of Inland Revenue and the Commissioners of Customs, and the officers of those Commissioners respectively, shall have the same powers in relation to any articles subject to any duty of customs or excise, manufactured, imported, kept for sale, or sold, and any premises where the same may be, and to any machinery, apparatus, vessels, utensils, or conveyances used in connexion therewith or the removal thereof, and in relation to the person manufacturing, importing, keeping for sale, or having the custody of the same, as they would have had if this Act had not passed, and any licences transferred in pursuance of this Act had continued to be granted by the Commissioners of Inland Revenue.
Modifications etc. (not altering text)
C3Functions of Commissioners of Inland Revenue as to excise duty now exercisable by Commissioners of Customs and Excise: S.R. & O. 1909/197 (Rev. V, p. 465: 1909, p. 239)
Textual Amendments
F35Ss. 99, 103–108, 110–114 repealed by Statute Law Revision Act 1908 (c. 49)
In this Act, if not inconsistent with the context, the following terms have the meanings herein-after respectively assigned to them, that is to say:—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
The expression “quarter sessions” as respects any county, riding, division, or liberty, means the justices in quarter or general sessions assembled, and includes justices assembled in gaol sessions, annual general sessions, and adjourned sessions, and as respects any borough, means any court of qarter or general sessions held for the borough . . . F39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
The expression “person” includes any body of persons, whether corporate or unincorporate:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
The expression “powers” includes rights, jurisdiction, capacities, privileges, and immunities:
The expression “duties” includes responsibilities and obligations:
The expression “liabilities” includes liability to any proceeding for enforcing any duty or for punishing the breach of any duty, and includes all debts and liabilities to which any authority are or would but for this Act be liable or subject to, whether accrued due at the date of the transfer or subsequently accruing, and includes any obligation to carry or apply any money to any sinking fund or to any particular purpose:
The expression “powers, duties, and liabilities,” includes all powers, duties, and liabilities conferred or imposed by or arising under any local and personal Act:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
The expression “office” includes any place, situation, or employment, and the expression “officer” shall be construed accordingly:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49
Textual Amendments
F36Definition repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
F37Definition repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
F38Definition repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
F39Words repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
F40Definitions repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II
F41Definitions repealed by Statute Law Revision Act 1908 (c. 49)
F42Definitions repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
F43Definitions repealed by Statute Law Revision Act 1908 (c. 49), Highways Act 1959 (c. 25), s. 312(2), Sch. 25 and London Government Act 1963 (c. 33), s. 93(1), Sch. 6 para. 70
F44Words repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
F45Words repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
F46Paragraph repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
F47Definitions repealed by Statute Law Revision Act 1908 (c. 49) and Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V
F48Definitions repealed by Statute Law Revision Act 1908 (c. 49), Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. V and Local Government Act 1972 (c. 70), Sch. 30
F49Words repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1939 (c. 40), Sch. 8
This Act shall not extend to Scotland or Ireland.
This Act may be cited as the Local Government Act, 1888.
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