The Local Authorities Etc. (Miscellaneous Provision) Order 1974

This order may be cited as the Local Authorities etc. (Miscellaneous Provision) Order 1974.

Articles 1, 2, 3, 9, 20, 29 and 30 of this order shall come into operation on 22nd March and the remaining provisions shall come into operation on 1st April 1974.

Articles 4 to 8, 14 to 21, 26 to 28 and 30 are made by the Secretary State for the Environment in relation to England and by the Secretary of State for Wales in relation to Wales.

Articles 9, 22 and 29 and article 24 in so far as it relates to article 22 are made by the Secretary of State for the Environment as regards byelaws, compulsory purchase orders or other instruments made by, or the minutes of, or of any committee or sub-committee of, any authority whose area is wholly in England, the Severn River Authority, the Clywedog Reservoir Joint Authority, the Association of River Authorities, the British Waterworks Association and the Lancashire and Western Sea Fisheries Committee and by the Secretary of State for Wales as regards such matters made by, or any such minutes of, or of any committee or sub-committee of, any authority whose area is wholly in Wales, the Dee and Clwyd and Wye River Authorities, the Gwent Water Board, the Presteigne Joint Burial Committee, the Chester Port Health Authority and the Gloucester (Chepstow Division) Port Health Authority. Article 29 is made by the Secretary of State for the Environment or the Secretary of State for Wales as regards joint committees of bodies as regards whom he makes that article and by both Secretaries of State as regards any other joint committee.

Articles 10 to 13 are made by the Secretary of State for the Environment.

Article 23 and article 24 in so far as it relates thereto are made by the Secretary of State for the Environment as regards any instrument which relates to an area wholly in England, by the Secretary of State for Wales as regards any instrument which relates to an area wholly in Wales, and by both Secretaries of State as regards any other instrument.

Article 25 is made by the Secretary of State for the Environment as regards any authority whose area is wholly in England, the Severn-Trent Water Authority, the National Water Council and the committees of any such body and by the Secretary of State for Wales as regards any authority whose area is wholly in Wales and the Welsh National Water Development Authority and the committees of any such body.

The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

In this order, unless the context otherwise requires, references to any enactment or instrument shall be construed as references to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument.

Any reference in this order to a numbered article or schedule shall, unless the reference is to an article or schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order.

Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Subject to the following paragraphs, any order, rule or regulation made under any enactment repealed by the Act and not constituting local statutory provision within the meaning of section 270(1) of the Act shall, notwithstanding the repeal of that enactment, continue in force subject to any necessary modifications.

If any such order, rule or regulation is of such a nature that it could have been made under any enactment as it has effect on or after 1st April 1974 it may be amended, varied, repealed or revoked under such enactment.

If any such order, rule or regulation cannot be amended as mentioned in paragraph (2) it may be amended or revoked by an order made under section 254 of the Act.

This article shall have effect subject to the provisions of the Act or to the express provision of this or any other order made (whether before or after this order) under the Act.

Any provision of any enactment which imposes fines on persons offending against any instrument which by virtue of paragraph (a) of section 262(1) of the Act or this order or any other order made under section 254 or 262 of the Act applies to any area, things or persons shall continue to have effect in relation to offences against the instrument notwithstanding the repeal (whether by the Act or by such an order) of the enactment.

Paragraphs (1) and (2) shall not apply to any provision in any local Act or in any order made under or confirmed by any Act in respect of which provision is made under section 254, as extended by section 262(8), or under section 262(8), of the Act.

The council of the county, district, parish or community in which any area is comprised may, with the agreement of any other local authority, by resolution provide that that authority shall be substituted for such council in item (a), (b) or (c), as the case may be, of paragraph (1).

Paragraph (1) does not apply to any reference to any officer specified in section 112(4) of the Act.

In confirming any byelaw submitted for confirmation before 1st April 1974 but not confirmed at that date, or submitted under paragraph (1), the confirming authority may make any modification in the byelaw which may be necessary as the result of the changes of areas and authorities effected by or under the Act or the Water Act 1973.

The proper officer of the Greater London Council shall send a copy of every byelaw made by the Council, and confirmed, to the council of every London borough.

The proper officer of the council of a London borough shall send a copy of every byelaw made by the council, and confirmed, to the Greater London Council.

In paragraphs (2) to (4) “burial ground” means a burial ground maintained under the Burial Acts 1852 to 1906.

In relation to a burial ground or crematorium maintained immediately before 1st April 1974 by a burial board or committee which ceases to exist by virtue of section 214 of the Act and which is named in column (1) of the following table, the functions conferred by the said section 214 of, and Schedule 26 to, the Act shall be exercised by the authority specified in respect of the burial board or committee in column (2).

Nothing in the Act, in the orders referred to in paragraph (4) or in this order shall affect any right of burial or of constructing a place of burial which any person may have acquired prior to 1st April 1974 or prejudicially affect the amount of any fee, payment or sum in respect of interment in, or the right of erecting or placing any monument, gravestone, tablet or monumental inscription on, any grave or place of burial in respect of which any such right has been so acquired.

The power to maintain the Richmond market shall be exercisable by the Parish Council of Richmond.

Any council to whom any matter is transferred by paragraph (2) or (3) shall have the same powers in relation thereto as were exercisable immediately before 1st April 1974 by the corporation or council from whom the matter is transferred.

Subject to paragraphs (2) and (3) nothing in the Act shall affect the status of any person who is immediately before 1st April 1974 an honorary freeman of any place which is an existing borough within the meaning of the Local Government Act 1933 or of any body which at such time enjoys privileges of similar nature to honorary freedom of any such place.

In relation to the existing borough of Whitley Bay, paragraph (1) shall have effect in relation only to that part of the borough which is comprised in the district of North Tyneside.

This article has effect in relation to agreements made, by virtue of section 2(5) of the Vehicle and Driving Licences Act 1969, between the Secretary of State for the Environment (in this article referred to as “the Secretary of State”) and the council of a county or county borough, being an agreement in force immediately before 1st April 1974, under which the council exercise, on behalf of the Secretary of State, his functions under the Vehicles (Excise) Act 1971 and Part III of the Road Traffic Act 1972 of levying excise duty on vehicles, of the licensing and registration of vehicles and of the licensing of drivers.

Where by virtue of paragraph (3) any agreement in relation to which this article has effect comes to have effect as an agreement between the Secretary of State and the council of a county or district that council is hereby empowered to act in relation to the area in respect of which the agreement has effect notwithstanding that that area is in part outside the county or district.

Any agreement in relation to which this article has effect made between the Secretary of State and a council described in column (1) of the following table shall be of full force and effect as if made between the Secretary of State and the council specified in respect of such council in column (2).

Subject to the express provision of this or any other order made (whether before or after this order) under the Act, paragraphs (2) and (3) shall have effect where by section 263(1) of the Act a joint board continues in existence on and after 1st April 1974.

Any council who on the application of section 262(4) of the Act will be a constituent member of the joint board may appoint the number of members of the board which on such application they are empowered to appoint, to hold office until the dates on which the existing members of the board who on the application of that provision and the following sub-paragraph would otherwise have been the representatives of the council would normally have retired, and if new members are so appointed the said existing members shall retire.

Subject to the preceding sub-paragraph, no provision in the order constituting the joint board for the retirement of members of the joint board if they cease to be members of the authority by whom they were appointed shall apply to an existing member of the joint board who ceases to be a member of the authority by whom he was appointed by reason only of the abolition of that authority by section 1(10) or 20(6) of the Act.

Where a part only of the area of a constituent council of the joint board (being a county council or a district council) is comprised in the area of the joint board, the expenses of the joint board shall be special expenses chargeable only on that part.

In this article, “provisional order” includes any order which by reason of objections or otherwise may become subject to provisional order procedure during the course of any application.

Any order authorising the compulsory acquisition of land (hereinafter referred to as a “compulsory purchase order”) by an authority abolished by section 1(10) or 20(6) of the Act or section 33 of the Water Act 1973 (whether confirmed before the coming into operation of this order or submitted for confirmation before or after such coming into operation) may be amended by the Minister by whom it was confirmed, or by whom it falls to be confirmed, by the substitution—

• as the authority to be authorised to acquire the land comprised therein, of one or more county councils, district councils or water authorities;

• as the Act under which the compulsory acquisition is authorised, in the case of any enactment repealed by or under the Act or the Water Act 1973, of any other enactment,

and thereafter the order shall have effect, or be considered and if confirmed have effect, accordingly.

Any compulsory purchase order made by such an authority as is first described in paragraph (1) which has not been submitted to a Minister for confirmation before 1st April 1974 may be so submitted by a county council, district council or water authority, and any action which requires to be taken prior to the submission of the order which has not already been taken shall be taken by such body.

Any instrument other than a compulsory purchase order or byelaw which has been submitted to a Minister for confirmation before 1st April 1974 by such an authority as is first described in paragraph (1) may be amended by such Minister by the substitution of references to the whole or parts of one or more counties, districts, water authority areas or passenger transport areas, or of references to one or more county councils, district councils, water authorities or Passenger Transport Executives, and thereafter the instrument may be considered and if confirmed have effect accordingly.

Paragraphs (1) and (2) shall apply to compulsory purchase orders made by combined police authorities and combined fire authorities as they apply to the compulsory purchase orders described therein, and such authorities existing on and after 1st April 1974 shall be included amongst the authorities who may be authorised to acquire the land comprised in the order or who may submit the order for confirmation or take the other action described in paragraph (2).

Paragraphs (1) and (2) shall extend to compulsory purchase orders made by the Greater London Council, the council of any London borough or the Common Council of the City of London as they apply to the compulsory purchase orders described therein.

In paragraphs (3) and (4) “instrument” includes a draft scheme under section 30 of the Land Drainage Act 1961.

Articles 22 and 23 shall not apply to any instrument which at 1st April 1974 is subject to the procedure regulated in the Statutory Orders (Special Procedure) Acts 1945 and 1965 until the completion of such procedure.

This article applies in relation to any officer (hereinafter referred to as “the officer”) of an authority abolished by the Act or the Water Act 1973 who is remunerated by periodic payments which take into account the employment of any persons by the officer.

Where in consequence of such abolition a redundancy payment falls to be made by the officer in respect of any person, any local authority or water authority may pay to the officer the amount of such payment or any part thereof.

This article applies to—

• councils and parish meetings abolished by section 1(10) or 20(6) of the Act;

• councils of boroughs included in rural districts;

• parish councils and parish meetings of existing rural parishes mentioned in paragraph 1 of Part IV of Schedule 1 to the Act or in paragraph (2) of article 3 of the New Parishes Order 1973;

• burial boards, joint burial boards and joint committees which cease to exist

• by virtue of section 214(1)(b) of the Act;

• joint boards which cease to exist by virtue of section 263(2)(b) of the Act;

• joint boards which cease to exist by virtue of section 263(3) of the Act;

• the Lake District Planning Board and the Peak Park Planning Board;

• the Snowdonia Park Joint Advisory Committee;

• the West Monmouthshire Omnibus Board;

• joint boards who are statutory water undertakers other than joint boards within the meaning of the Water Act 1973;

• joint sewerage boards;

• river authorities, the Conservators of the River Thames, the Lee Conservancy Catchment Board and the Isle of Wight River and Water Authority;

• combined police authorities and combined fire authorities;

• the Metropolitan Water Board;

• the Association of River Authorities;

• the British Waterworks Association;

• joint committees established by schemes of combination under section 2 of the Local Government Superannuation Act 1937; and

• committees, sub-committees and joint committees of any such bodies.

The minutes of the last meeting of any body to whom this article applies shall if practicable be signed at such meeting.

Minutes of the proceedings of the last meeting of any body to whom this article applies other than a committee, sub-committee or joint committee or a parish meeting may be signed as aforesaid on or after the 7th day following the transmission to every member of the body of a copy of the minutes and of a notification of the purport of paragraph (3) and this paragraph. The person who presided at the meeting shall take into consideration any representations made by any such member.

Minutes of the proceedings of the last meeting of a committee, sub-committee or joint committee above may be signed as aforesaid on or after the 7th day following the transmission to every member of the committee, sub-committee or joint committee of a notification of the purport of paragraph (3) and this paragraph, with a copy of the minutes or information as to the availability of a copy for inspection. The person who presided at the meeting shall take into consideration any representations made by any such member.

Minutes of the proceedings of the last meeting of a parish meeting may be signed as aforesaid after such consultation as the person presiding at the meeting shall think appropriate.

If the person who presided at the meeting is not able to sign the minutes in accordance with paragraph (4), (5) or (6), paragraph (3) and such paragraph shall have effect with the substitution for any reference to the person who presided at the meeting of a reference to such person as the Secretary of State may direct.

This article is without prejudice to any arrangements made by any body as to the signature of the minutes of its last meeting, or of the minutes of the last meeting of any committee, sub-committee or joint committee.

Any application made before 1st April 1974 for registration in any register of any council abolished by section 1(10) or 20(6) of the Act or for exemption from any obligation in respect of inclusion in such register shall be treated as having been made to the authority for whose register the application is appropriate.

Any order, decision, notice or certificate made, taken, given or issued before 1st April 1974 by a council abolished by section 1(10) or 20(6) of the Act in relation to—

• any application for registration or exemption;

• any entry in any register of the council,

shall have effect as if it had been made, taken, given or issued by the authority for whose register the application is appropriate or in whose register the entry falls to be incorporated or included.

This article does not extend to—

• any register of parliamentary and local government electors;

• any register of local land charges kept in pursuance of section 15 of the Land Charges Act 1925;

• any register as to which provision is made in any other order made (whether before or after this order) under section 254 of the Act.

Any reference in this article to the proper officer of an authority to which section 270(3) of the Act does not apply shall in relation to any purpose be construed as a reference to an officer appointed by the authority for that purpose.