The Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974

Amendments to the principal order

4.—(1) The amendments set out in paragraphs (2) to (20) shall be made in the principal order.

(2) Article 3 (exclusion of certain matters) shall be omitted.

(3) In article 4 (interpretation) there shall be inserted—

“(2A) Save as expressly provided any reference in this order to any borough does not extend to a London borough.”.

(4) In article 8 (sewers and sewage disposal works) there shall be added—

“(5) This article applies to the public sewers and sewage disposal works vested in—

• the Greater London Council;

• the corporation or council of any London borough;

• the Corporation of the City of London;

• the Honourable Society of the Inner Temple; or

• the Honourable Society of the Middle Temple,

to the sewage disposal works of a new town development corporation and to the main sewers constructed by such a corporation under the Public Health Act 1936(1) and accounted for in the corporation's main sewerage and sewage disposal revenue account.”

(5) In article 10—

(a) there shall be inserted—

“(5A) Where in relation to any such land as is described in paragraph (5)—

(a) deposit has not been completed; but

(b) it has, before 9th November 1973, been resolved that the land shall on completion of deposit be used (otherwise than temporarily) for the purposes of a particular function,

the land shall be deemed to be held for those purposes and shall be held by the authority to whom it is transferred for those purposes, but the county council shall be entitled to the use of the land for the purposes of the deposit of refuse until such deposit is completed.

Any question whether it has been resolved as described in (b), or whether any use is temporary, shall, subject to the provision of paragraph (6), be determined by the transferor authority.

The use of any land by virtue of this paragraph shall be on such terms as may be determined by agreement between the authorities concerned, or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

(5B) Where in relation to any such land as is described in paragraph (5) deposit has been completed but there has been no such resolution as is described in (b) of that paragraph, the land shall not be transferred by article 9.”;

and

(b) in paragraph (6), for “(4) or (5)” there shall be substituted “(4), (5) or (5A)”.

(6) In article 12 (agreements as to the transfer of property other than land)—

(a) there shall be inserted—

“(4A) Any property other than land vested in the Greater London Council or the council of any London borough for the purposes of sewerage and sewage disposal shall by virtue of this order be transferred to and vest in such water authority as may be agreed between the water authorities in whose areas for sewerage and sewage disposal purposes any parts of Greater London or the London borough, as the case may be, are comprised.

(4B) Any property other than land provided for sewerage and sewage disposal purposes by the development corporation for a new town which is comprised in the areas for sewerage and sewage disposal purposes of two or more water authorities shall by virtue of this order be transferred to and vest in such one of those authorities as may be agreed between them.”;

(b) in paragraph (6), for “(4) or (5)” there shall be inserted “(4), (4A), (4B) or (5)”; and

(c) in paragraph (7) for “(4), (5)” there shall be inserted “(4), (4A), (4B), (5)”.

(7) In article 13 (balances on account of undertakings)—

(a) in paragraph (2), for “(or the undertaking other than any land, buildings or works in Wales)” there shall be substituted “(or the undertaking other than any specified parts thereof)”; and

(b) there shall be added—

“(3) If in the main drainage account of the Greater London Council for the period ending on 31st March 1974 as finally closed a credit balance is shown the transfer effected by article 9 shall include the amount shown as such balance.

If in such account for such period as so closed a deficiency is shown the Thames and Anglian Water Authorities shall as soon as practicable pay to the Greater London Council the amount shown as such deficiency.”.

(8) In article 14—

(a) in paragraph (1), for “This article” there shall be substituted “Paragraph (2)”;

(b) in paragraph (2), for “article” there shall be substituted “paragraph”;

(c) there shall be added—

“(3) The balance on the combined police fund of the Cheshire, Durham, Hampshire, Lancashire, Lincolnshire, Nottinghamshire, Staffordshire County and Stoke-on-Trent, Suffolk, Warwickshire and Coventry, West Mercia, West Yorkshire or York and North-East Yorkshire police authority shall be apportioned between the new combined police areas or the new counties in which any parts of the area of the authority are comprised in the proportions which the aggregate rateable values of all the hereditaments in the several parts, as shown in the valuation lists immediately before 1st April 1974, bear to the aggregate rateable values of all the hereditaments in all such parts, and the amounts so apportioned shall be payable to the new combined police authorities or the councils of such areas or counties.”.

(9) In article 16 (residual transfer of property) there shall be added—

“(2A) The following entry in the said Schedule 4, namely

“The Water Supply Industry Training Board”

shall extend to property held by the Board for the purposes of charitable trusts.”.

(10) After article 16 there shall be inserted—

Property of new town development corporations

16A.— (1) Subject to paragraph (2), any transfer of the property of a new town development corporation made by the preceding articles of this order shall be on the basis of the payment therefor of the total capital cost thereof reduced by the provision as to depreciation already made.

(2) Paragraph (1) shall not apply to—

(a) the Stevenage trunk sewer running from Elder Way to the Rye Meads purification works; or

(b) the Harlow trunk sewer running from the Temple Fields Industrial Area to the Rye Meads purification works,

and nothing in paragraph (2) of article 18 shall extend to such sewers.”.

(11) In article 17 (general saving for agreements), in paragraph (4), for “14 and 15” there shall be substituted “14, 15 and 16A”.

(12) In article 21 (questions as to appropriations), there shall be added—

“In relation to the Greater London Council, the council of any London borough and the Common Council of the City of London, this article shall have effect with the substitution for the reference to 9th November 1973 of a reference to 14th March 1974.”.

(13) In article 23 (user rights)—

(a) in paragraph (1) there shall be added—

“In the preceding sub-paragraph the reference to the authority exercising the functions described in (i) or (ii) extends to an authority established by the National Health Service Reorganisation Act 1973 exercising the functions so described.”;

(b) in paragraph (4) there shall be added—

“In the preceding sub-paragraph the reference to any other authority exercising any of the functions described in (a) extends to an authority established by the National Health Service Reorganisation Act 1973 exercising the functions so described.”;

(c) there shall be inserted—

“(4A) The parish council of any parish constituted under Part V of Schedule 1 to the Act in the area of any borough or urban district or the parish council of Alston with Garrigill, Disley or Tintwistle, constituted by section 9(4) of the Act for an area coextensive with a rural district (hereinafter referred to as `case (f)') shall be entitled, for the proper discharge of their functions, to the use of accommodation in property which immediately before 1st April 1974 is held by the council of the borough, urban district or rural district under section 125 of the Local Government Act 1933.”;

(d) in paragraph (6), for “(d) or (e)” there shall be substituted “(d), (e) or (f)”; and

(e) there shall be added—

“(8) An authority shall not sell, exchange, lease or otherwise dispose of property in respect of which user rights are ensured by this article, or develop the land on which such property is situated, unless they have consulted all authorities entitled to such user rights and made such arrangements as may be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.”.

(14) In article 29(1) (byelaws) there shall be added—

“If such authority has no power, apart from this sub-paragraph, to amend or revoke byelaws, any byelaws to which the preceding sub-paragraph applies may be amended by a byelaw made under this sub-paragraph. Section 236(3) to (10) of the Act shall apply to any such byelaw and the Secretary of State or any appropriate Minister shall be the confirming authority in relation thereto. In this sub-paragraph `the appropriate Minister', in relation to any byelaw, means the Minister in charge of any Government department concerned with the subject matter of the byelaw; but the validity of the confirmation of any byelaw shall not be affected by any question as to whether or not any Minister so confirming was the appropriate Minister for the purpose”.

(15) In article 39(2) (general provision as to disputes), for “(4) or (5)” there shall be substituted “(4), (5) or (5A)”.

(16) In Schedule 1 (transfer of particular properties)—

(a) for the fourth item there shall be substituted—

“The corporation or council of the city of Liverpool	Lake Vyrnwy and the surrounding estate, including the Marchnant and Cowny catchwaters, except the parts thereof comprised in the following entry	The Sever-Trent Water Authority
	The headworks at Lake Vyrnwy, the aqueduct therefrom to the boundary of the North West Water Authority's area for water supply purposes and the treatment works at Oswestry	The North West Water Authority
	The intake on the river Dee at Huntington, the treatment works and pumping station and the aqueduct to Norton	The North West Water Authority
The corporation or council of any borough (including the London borough of Croydon) or the council of any urban or rural district	Land, buildings and works in the area for water supply purposes of the Welsh National Water Development Authority and not comprised in the preceding entry	The Welsh National Water Development Authority
The corporation or council of any borough (including the London borough of Croydon) or the council of any urban or rural district	Except as provided in the preceding entries, any water undertaking of the transferor authority	The water authority within whose area for water supply purposes the limits of supply of the transferor authority are comprised
The East Shropshire Water Board	Boreholes and works at Overton Scar	The Severn-Trent Water Authority
The Mid Cheshire Water Board	The intake on the river Dee at Froncysyllte	The North West Water Authority
The Staffordshire Potteries Water Board	Borehole and works at Tower Wood	The Severn-Trent Water Authority
The Wirral Water Board	Land, buildings and works in the area for water supply purposes of the Welsh National Water Development Authority other than the specified works*	The Welsh National Water Development Authority
The Wirral Water Board	The specified works*	The North West Water Authority”

;and

(b) there shall be added—

“*The specified works are the intakes at Heronbridge and Deeside, the aqueduct connecting them, the aqueduct from the Heronbridge intake to the Alwen aqueduct and the treatment works at Ashgrove and Sealand, the Alwen aqueduct from the intersection of the aqueduct from Heronbridge to the boundary of the North West Water Authority's area for water supply purposes, and the aqueducts from the Deeside intake to such boundary.”.

(17) Schedule 1 shall be extended by the inclusion of Part I of the Schedule “Extension of Schedule 1 of the Local Authorities (England) (Property etc.) Order 1973” signed by an Assistant Secretary in the Department of the Environment. The provision contained in Part II of the Schedule shall have effect in relation to particular matters included in Part I. The Schedule is deposited in the offices of the Secretary of State for the Environment. Copies of the Schedule have been deposited with the councils of counties and districts in England, with the Greater London Council, the councils of London boroughs and the Common Council of the City of London and with the water authorities and shall be open to inspection at all reasonable times.

(18) In Schedule 2 (transfer of specified classes of property, etc.)—

(a) in paragraph 1(b) (definition of “parish matters” in relation to the corporations or councils of non-county boroughs and the councils of urban districts)—

in item (i) there shall be added—

“(c) town and village greens, seats and shelters, public clocks, war memorials, bicycle parking places and litter bins;

(d) property held for burial purposes not comprising crematoria, including mortuaries provided under the Burial Acts 1852 to 1906; and

(e) rights in commons;”;

in items (ii), (iii) and (iv) for “functions or parish property” there shall be substituted “functions or property”;

(b) in paragraph 1(c)—

after ““national park matters”,”, there shall be inserted “excise and licensing matters, pollution control matters, fisheries matters,”;

after “property held” there shall be inserted “(or in the case of a new town development corporation provided)”; and

after “National Park Committee;” there shall be inserted—

“(iia) in the case of excise and licensing matters, functions of the Secretary of State for the Environment under the Vehicles (Excise) Act 1971 and Part III of the Road Traffic Act 1972 exercised on his behalf under section 2 of the Vehicle and Driving Licences Act 1969;

(iib) in the case of pollution control matters and fisheries matters, functions which under the Water Act 1973 are to be exercised by the Thames Water Authority;”;

(c) in the Table—

(i) there shall be inserted—

“5a

Any county council named in item 5 other than the county council of Gloucestershire, Somerset or Surrey

Police matters being local matters in relation to any area of the county included in a new county

The council of the county in which the area is comprised”;

(ii) in item 6, in column (3) there shall be added “and excise and licensing matters”;

(iii) there shall be inserted—

“8a	The county council of Hertfordshire or Wiltshire	Police matters	The county council of Hertfordshire or Wiltshire
8b	The county council of Somerset	Police matters	The Avon and Somerset Police Authority
8c	The county council of, or the police committee for, the county of Surrey	Police matters being local matters in relation to the area of the county included in Surrey	The county council of, or the police committee for, the county of Surrey
		Police matters being local matters in relation to the area of the county included in West Sussex	The Sussex Police Authority
8d	The county council of, or the police committee for, the county of Gloucestershire	Police matters being local matters in relation to the area of the county included in Avon	The Avon and Somerset Police Authority
		Police matters being local matters in relation to the area of the county included in Gloucestershire	The county council of, or the police committee for, the county of Gloucestershire”;

(iv) in item 10, in column (3), after “county matters,” there shall be inserted “excise and licensing matters,”;

(v) there shall be inserted—

“10a	The council of the county borough of Ipswich	Excise and licensing matters	The county council of Suffolk
10b	The council of any county other than Rutland or any county borough other than Ipswich	Excise and licensing matters	The council specified in respect of such council in column (2) of Part I or II of Schedule 4
10c	The corporation, council or watch committee of the county borough of Birmingham, Kingston upon Hull or Teesside	Police matters	The county council or the police committee, as may be appropriate, of the county of West Midlands, Humberside or Cleveland
10d	The corporation, council or watch committee of the county borough of Bradford or Leeds	Police matters	The county council or the police committee, as may be appropriate, of the county of West Yorkshire
10e	The corporation, council or watch committee of the county borough of Bristol	Police matters	The Avon and Somerset Police Authority”;

(vi) There shall be inserted—

“13a

Any parish council to whom any matters not covered in relation to such council by item 13 have been transferred

The matters described in column (2)

The council of the district in which the area of the parish council is comprised”;

(vii) in item 19, in column (2), after “borough” there shall be inserted “(including a London borough)”; and

(viii) there shall be inserted—

“19a	The Greater London Council Any new town development corporation	Sewerage and sewage disposal matters being local matters in relation to the area for sewerage and sewage disposal purposes of any water authority	The water authority”
“24	The Port of London Authority The Greater London Council|Pollution control matters and fisheries matters|The Thames Water Authority
25	The Cheshire, Durham, Hampshire, Lancashire, Lincolnshire, Nottinghamshire, Staffordshire County and Stoke-on-Trent, Suffolk, Warwickshire and Coventry, West Mercia, West Yorkshire or York and North-East Yorkshire police authority	Local matters in relation to any area of the authority included in the county of Cheshire, Cleveland, Cumbria, Derbyshire, Dorset, Durham, Greater Manchester, Humberside, Lancashire, Lincolnshire, Merseyside, Norfolk, North Yorkshire, Nottinghamshire, South Yorkshire, Staffordshire, Suffolk, Warwickshire, West Midlands or West Yorkshire	The county council or the police committee, as may be appropriate, of the county
26	The Durham, Hampshire, or West Mercia police authority	Local matters in relation to any area of the authority included in the new Northumbria, Hampshire or West Mercia combined police area	The combined police authority for the new combined police area
27	The Berkshire, Buckinghamshire, Cheshire, Durham East Riding and York City, East Sussex, Gloucestershire, Hampshire Lancashire North, Lancashire South East, Lancashire South West, Lincolnshire, North Riding, Nottingham City and County, Somerset and Bath, Staffordshire, Suffolk, Surrey, Warwickshire, Worcester City and County or West Riding probation and aftercare committee	Local matters in relation to any part of the area of the existing committee included in a new county	The committee for the combined probation and after-care area comprised in the new county
28	The Berkshire and Reading or Suffolk and Ipswich combined fire authority	Local matters in relation to any part of the area of the authority included in a new county	The council of the county in which the part of the area is comprised.”

(19) In Schedule 3 (agreements as to the transfer of property other than land), in Part II there shall be added—

“The county council of, or the police committee for, the county of Gloucestershire or Surrey, or the Cheshire, Durham, Hampshire, Lancashire, Lincolnshire, Nottinghamshire, Staffordshire County and Stoke-on-Trent, Suffolk, Warwickshire and Coventry, West Mercia, West Yorkshire or York and North-East Yorkshire police authority

The county councils of, or the police committees for, the counties, or the combined police authorities for the new combined police areas, in which any area of the county of Gloucestershire or Surrey or the existing combined police area are comprised”

(20) In Schedule 4 (residual transfer of property, etc.), in Part II,—

(a) in column (2), in the entry beginning “The water authority within whose area for water supply purposes” there shall be added, “or where water is supplied only to constituent members of the transferor authority, the water authority within whose area for water supply purposes the limits of supply of the constituent members, or a majority of the constituent members, are comprised”; and

(b) there shall be added—

“The West Riding (Local Authorities) Superannuation Joint Committee	The County Council of West Yorkshire
The Bucklow (Superannuation) Joint Committee	The County Council of Cheshire
The Central Lancashire (Local Authorities) Joint Superannuation Committee The East Cheshire (Local Authorities) Joint Superannuation Committee The South-East Lancashire (Local Authorities) Superannuation Joint Committee	The County Council of Greater Manchester
The Cotswold District Joint Superannuation Committee	The County Council of Gloucestershire
The Durham (Local Authorities) Superannuation Joint Committee	The County Council of Durham
The Lichfield (Superannuation) Joint Committee	The County Council of Staffordshire
The Northumberland (Local Authorities) Superannuation Joint Committee	The County Council of Northumberland
The West Lancashire (Superannuation) Joint Committee	The County Council of Merseyside
Any other joint committee established by a scheme of combination made under section 2 of the Local Government Superannuation Act 1937	The council of the county within which the areas, or the greater part of the areas, of the constituent authorities of the joint committee are situated
The Water Resources Board	The Secretary of State for the Environment and the Secretary of State for Wales
The Metropolitan Water Board	The Thames Water Authority
The Clywedog Reservoir Joint Authority	The Severn-Trent Water Authority
The Association of River Authorities	The National Water Council
The British Waterworks Association	The National Water Council
The Water Supply Industry Training Board	The National Water Council
The Cuxton Committee incorporated by the North West Kent Joint Water Act 1936(2)	The Southern Water Authority
The Hartley Committee so incorporated	The Mid Kent Water Company
The police committee for the county of Hertfordshire, Surrey or Wiltshire	The police committee for the county of Hertfordshire, Surrey or Wiltshire
The police committee for Gloucestershire	The police committee for the county of Gloucestershire
The Bedfordshire and Luton, Cheshire, Cumbria, Dorset and Bournemouth, Durham, Essex and Southend-on-Sea, Lancashire, Leicester and Rutland, Lincolnshire, Liverpool and Bootle, Manchester and Salford, Mid-Anglia, Norfolk, Northampton and County, Nottinghamshire, Sheffield and Rotherham, Staffordshire County and Stoke-on-Trent, Suffolk, Warwickshire and Coventry, West Midlands, West Yorkshire or York and North-East Yorkshire police authority	The county council or the police committee, as may be appropriate, of the county of Bedfordshire, Cheshire, Cumbria, Dorset, Durham, Essex, Lancashire, Leicestershire, Lincolnshire, Merseyside, Greater Manchester, Cambridgeshire, Norfolk, Northamptonshire, Nottinghamshire, South Yorkshire, Staffordshire, Suffolk, Warwickshire, West Midlands, West Yorkshire or North Yorkshire
The Derby County and Borough police authority	The police committee for the county of Derbyshire
The Devon and Cornwall police authority	The Devon and Cornwall Police Authority
The Hampshire police authority	The Hampshire Police Authority
The Kent police authority	The police committee for the county of Kent
The Northumberland police authority	The Northumbria Police Authority
The Somerset and Bath police authority	The Avon and Somerset Police Authority
The Sussex police authority	The Sussex Police Authority
The West Mercia police authority	The West Mercia Police Authority
The Berkshire probation and after-care committee	The Berkshire Probation and After-care Committee
The Buckinghamshire probation and after-care committee	The Buckinghamshire Probation and After-care Committee
The Cheshire probation and after-care committee	The Cheshire Probation and After-care Committee
The Durham probation and after-care committee	The Durham Probation and After-care Committee
The East Riding and York City probation and after-care committee	The Humberside Probation and After-care Committee
The East Sussex probation and after-care committee	The East Sussex Probation and After-care Committee
The Gloucestershire probation and after-care committee	The Gloucestershire Probation and After-care Committee
The Hampshire probation and after-care committee	The Hampshire Probation and After-care Committee
The Lancashire North probation and after-care committee	The Lancashire Probation and After-care Committee
The Lancashire South East probation and after-care committee	The Greater Manchester Probation and After-care Committee
The Lancashire South West probation and after-care committee	The Merseyside Probation and After-care Committee
The Lincolnshire probation and after-care committee	The Lincolnshire Probation and After-care Committee
The North Riding probation and after-care committee	The North Yorkshire Probation and After-care Committee
The Nottingham City and County probation and after-care committee	The Nottinghamshire Probation and After-care Committee
The Somerset and Bath probation and after-care committee	The Somerset Probation and After-care Committee
The Staffordshire probation and after-care committee	The Staffordshire Probation and After-care Committee
The Suffolk probation and after-care committee	The Suffolk Probation and After-care Committee
The Surrey probation and after-care committee	The Surrey Probation and After-care Committee
The Warwickshire probation and after-care committee	The Warwickshire Probation and After-care Committee
The West Riding probation and after-care committee	The West Yorkshire Probation and After-care Committee
The Worcester City and County probation and after-care committee	The Hereford and Worcester Probation and After-care Committee
Any probation and after-care committee whose area is included in Northumberland and Tyne and Wear	The Northumbria Probation and After-care Committee
Any other probation and after-care committee	The committee for the combined probation and after-care area in which the area of the existing committee is comprised
The Berkshire and Reading combined fire authority	The County Council of Berkshire
The Suffolk and Ipswich combined fire authority	The County Council of Suffolk
Any body constituted by an order under section 112(1) of the Local Government Act 1933 or any enactment replaced by that provision, uniting any county boroughs or county districts	The council of the district in which the area of the county boroughs or county districts, or the greater part of the area, is comprised”.

(21) Any reference in the principal order to any provision of that order amended by paragraphs (2) to (20) shall be construed as a reference to the provision as so amended.

(1)

1936 c. 49.

(2)

1936.c.lxix.