The Local Authorities etc. (Miscellaneous Provision) Order 1976

Miscellaneous amendments of instruments

5.—(1) In the Local Authorities (England) (Property etc.) Order 1973(1), in article 39 (general provision as to disputes) as amended by article 4(15) of the Local Authorities etc. (England) (Property etc.: Further Provisions) Order 1974(2) and article 4(2) of the Local Authorities (Miscellaneous Provision) Order 1975(3), in paragraph (2), “before 1st April 1976” shall be omitted.

Where notice that a question exists has been given under the said paragraph (2) as amended by this paragraph, the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person (or three persons) agreed on by such authorities or in default of agreement appointed by the Secretary of State for the Environment. Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of the question by any such person or persons as if such determination were an arbitration under any other Act within the meaning of that section.

This paragraph is made by the Secretary of State for the Environment.

(2) In the Local Authorities (Wales) (Property etc.) Order 1973(4), in article 38 (general provision as to disputes) as amended by article 4(11) of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974(5) and article 4(3) of the Local Authorities (Miscellaneous Provision) Order 1975, in paragraph (2), “before 1st April 1976” shall be omitted.

Where notice that a question exists has been given under the said paragraph (2) as amended by this paragraph, the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person (or three persons) agreed on by such authorities or in default of agreement appointed by the Secretary of State for Wales. Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of the question by any such person or persons as if such determination were an arbitration under any other Act within the meaning of that section.

This paragraph is made by the Secretary of State for Wales.

(3) In the Local Authorities etc. (Staff Transfer and Protection) Order 1974(6), in article 14 (secondary transfers) as amended by article 4(4) of the Local Authorities etc. (Miscellaneous Provision) (No. 5) Order 1974(7) and article 6(2) of the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1975(8), for “before 1st April 1976” there shall be substituted “before 1st October 1976”.

(1)

(1973 III, p. 6401).

(2)

(1974 I, p. 1276).

(3)

(1975 I, p. 616).

(4)

(1973 III, p. 6452).

(5)

(1974 I, p. 1264).

(6)

(1974 I, p. 1709).

(7)

(1974 III, p. 7981).

(8)

(1975 II, p. 3286).