The Isles of Scilly (Functions) Order 1991

Explanatory Note

(This note is not part of the Order)

Section 265 of the Local Government Act 1972 enables orders to be made providing for the exercise and performance in the Isles of Scilly of functions which are for the time being conferred or imposed on local authorities.

This Order provides for the performance by the Council of the Isles of Scilly of the functions conferred or imposed on maritime district councils by Part I of the Coast Protection Act 1949 and on all district councils by section 98 of the Land Drainage Act 1976.

Article 3(1), applying section 21(1) of the 1949 Act, enables exchequer grants to be made in relation to expenditure by the Council on coast protection. Article 3(2) applies to the Council section 44(2) of the 1949 Act, which confers a power to revoke or vary orders made under that Act. Article 3(3) confers on the Council powers of entry in relation to the exercise of its functions under section 98 of the 1976 Act. Article 3(4) removes the requirement for the consent of the National Rivers Authority (which does not discharge any functions in the Scilly Isles) for the execution of land drainage works by the Council.