Local Government Act 1972

From Wikisource
Jump to: navigation, search
The Local Government Act 1972
The original text of the Act of the United Kingdom Parliament which established the current (2009) local govenment structure in England and Wales. It has been heavily amended since it was passed.

(The numbering in the Table of Contents is for convenience only and does not reflect Section numbering in the Act.)

See also: The English Non-metropolitan Districts (Definition) Order 1972 (S.I. 1972/2039)


Contents

Local Government Act 1972 1972 Chapter 70

An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates' courts committees; to abolish certain inferior courts of record; and for connected purposes. [26th October 1972]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows :—

Part I: Local Government Areas and Authorities in England[edit]

New local government areas[edit]

1.—(1) For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of the Schedule 1 to this Act and shall comprise the areas repsectively described (by reference to administrative areas existing immediately before the passing of the Act) in column 2 of each Part of that Schedule.

(3) The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4) The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.

(5) Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7) The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8) Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

(9) The boroughs which by virue of section 141 of the 1933 Act or section 28 of the Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10) On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11) On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12) In this section "England" does not include the administrative county of Monmouthshire or the county borough of Newport.

Principal councils[edit]

2.—(1) For every county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act of otherwise.

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name "The County Council" or "The District Council", as the case may be, with the addition of the name of the particular county or district.

Members of principal councils

3.—(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4) The chairman of a district council shall have precedence in the district, but not so as prejudically to affect Her Majesty's royal prerogative.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

4.—(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 3(3) above or section 5(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality the person presiding at the meeting shall give a casting vote in addition to any other votes he may have.

5.—(1) A principal council shall appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of the Act relating to the retirement of councillors.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

6.—(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) For the purpose of the elections of councillors—

(a) every county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this act) one councillor;
(b) every metropolitan district shall be divided into wards, each returning a number of councillors which is divisible by three; and
(c) every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided by an order under the said paragraph 3 or under or by virtue of the provisions of section 7 below of Part IV of this Act;

and there shall be a separate election for each electoral division or ward.

7.—(1) The ordinary election of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four year and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) The ordinary elections of metropolitan district councillors shall take place in 1973, 1975, and every year thereafter other than a year of election of county councillors.

(3) Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) Subject to subsection (5) below, a non-metropolitan district council may in pursuance of the requisite resolution request the Secretary of State to provide—

(a) for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of a district simultaneously; or
(b) for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

In this subsection "the requisite resolution" means in the case of a resolution passed before 1st April 1974 a resolution passed by a majority, and in the case of a resolution passed on or after that date a resolution passed by not less than two-thirds, of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(5) A resolution may not be passed under subsection (4) above within ten years of a previous resolution thereunder.

(6) Where the Secretary of State receives a request under subsection (4)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (4)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under section 51 below.

(7) Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may ask the English Commission to make proposals in the light of the request with respect to—

(a) the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;
(b) the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and, where the Commission have not completed their review of the electoral arrangements for the district under Schedule 9 to this Act, they shall as part of that review consider the proposals to be made under this subsection and, in any other case, sections 52, 60 and 61 below shall apply to the consideration by the Commission of any such proposals as they apply to their conduct of a review under section 50 below and any such proposals shall be treated as if made under section 51 below.

(8) The ordinary elections of non-metropolitan district councillors shall take place—

(a) except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and
(b) where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—

(a) their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;
(b) except where an order is in force providing for the election of councillors by thirds, the whole number of councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and
(c) where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

8.—(1) Sections 2 to 7 above shall not apply to the Greater London Council or London borough councils but, subject to subsection (2) below, the provisions of Schedule 2 to this Act shall have effect in relation to them instead.

(2) The Secretary of State may by order make such modifications of sub-paragraphs (2) and (3) of paragraph 6 of Schedule 2 to this Act as appear to him to be appropriate for all or any of the following purposes—

(a) to secure that ordinary elections of councillors of the Greater London Council take place in the same years as ordinary elections of county councillors,
(b) to secure that ordinary elections of London borough councillors are held in years in which ordinary elections of metropolitan district councillors are held, and
(c) to secure that provisions corresponding to section 7(3) above apply to the retirement of London borough councillors.

(3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Parishes[edit]

9.—(1) For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish of group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

(2) If a parish has not a parish council (whether separate or common) the district council shall, and if a parish is grouped under a common parish council the district counil may, by order establish a separate parish council for that parish—

(a) if the population includes 200 or more local government electors; or
(b) if in the case of a parish the population of which includes more than 150 but less than 200 local government electors, the parish meeting of the parish so resolve.

(3) If a parish has a population which incldues not more than 150 local government electors, the district council may by order establish a separate parish council for that parish if the parish meeting so resolve.

(4) Subject to any order under section 10 or 11 or Part IV below, there shall be a separate parish council for—

(a) every parish which immediately before the passing of this Act was a borough included in a rural district;
(b) every parish which immediately before the passing of this Act was co-extensive with a rural district;
(c) every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;
(d) every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and
(e) every parish constituted under Part V of Schedule 1 to this Act.

(5) An order establishing a separate parish council for a parish shall make such provision as appears to the district council to be necessary for the election of a parish council in accordance with this Act and Part I of the Representation of the People Act 1949.

(6) An order shall not be made under this section establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under this section shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.

10.—(1) Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council for the dissolution of the parish council, and thereupon the district council may by order dissolve the parish council.

(2) Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.

11.—(1) The parish meeting of a parish may apply to the district council for an order grouping the parish with some neighbouring parish or parishes in the same district under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2) Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.

(3) A grouping order shall make the necessary provision—

(a) for the name of the group;
(b) for the election in accordance with this Act and Part I of the Representation of the People Act 1949 of separate representatives on the parish council for each parish or for the wards of any parish or, in the case of an order which adds a parish to the group, for that parish or for the wards of that parish;
(c) for the application to the parishes included in the group of all or any of the provisions of section 37 of the Charities Act 1960 (parochial charities) and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;
(d) for the dissolution of the separate parish council of any parish included in the group,

and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.

12.—(1) An order made by a district council or district councils under section 9, 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) When any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

13.—(1) The parish meeting of a parish shall consist of the local government electors for the parish.

(2) Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.

(3) In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of ‘the Parish Trustees’ with the addition of the name of the parish.

(4) The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.

(5) Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.

14.—(1) A parish council shall consist of the chairman and parish councillors and shall have all such function as are vested in the council by this Act or otherwise.

(2) The parish council shall be a body corporate with the name "The Parish Council" with the addition of the name of the particular parish.

(3) Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of their which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

15.—(1) The chairman of a parish council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5) A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) The parish council may appoint a member of the council to be vice-chairman of the council.

(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.

(9) Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(10) In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.

16.—(1) The number of parish councillors for each parish shall be such number not being less than five as may be fixed from time to time by the district council.

(2) Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the Representation of the People Act 1949.

(3) Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of parish councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.

(5) Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.

17. Where a parish meeting is required or authorised by or under any enactment to be held for a parish ward or other part of a parish—

(a) the persons entitled to attend and vote at the meeting, or to vote at any poll consequent thereon, shall be the local government electors registered in respect of qualifications in that parish ward or part of the parish; and
(b) the provisions of this Act with respect to parish meetings for the whole of a parish, including the provisions with respect to the convening of a parish meeting by local government electors, shall apply as if the parish ward or part of the parish were the whole parish.

Miscellaneous[edit]

18. Schedule 3 of this Act shall have effect with respect the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.

19. This Part of this Act shall extend to England only.

Part II: Local Government Areas and Authorities in Wales[edit]

New local government areas[edit]

20.—(1) For the administration of local government on and after 1st April 1974 Wales shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be those named in Part I of Schedule 4 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of that Part of that Schedule.

(3) In the counties specified in column 1 of Part II of that Schedule there shall be the districts respectively specified in column 2 of Part II of that Schedule and those districts shall comprise the areas respectively descrbied as aforesaid in column 3 of that Part of that Schedule, and the Secretary of State may by order provide a name for any such district.

(4) On and after 1st April 1974 every district shall consist of one or more areas to be known as communities which shall be in accorance with the following paragraphs:—

(a) the area of each borough existing immediately before that date shall on that date become a community of that district in which it is comprised and shall be known by the same name as the borough's;
(b) the area of each urban district existing immediately before that date shall on that date become a community of that district in which it is comprised and shall be known by the same name as the urban district's;
(c) the area of each rural parish existing immediately before that date shall on that date become a community of that district in which it is comprised and shall be known by the same name as the parish's;
(d) in the districts specified in column 1 of Part III of Schedule 4 to this Act there shall on that date be established the communities respectively named in column 2 of that Part of that Schedule and described (by reference to administrative areas existing immediately before the passing of this Act) in column 3 of that Part of that Schedule.

(5) Part IV of Schedule 4 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) On 1st April 1974 all local government areas existing immediately before that date, that is to say, all administrative counties, boroughs, urban districts, rural districts and urban and rural parishes, shall cease to exist, and the following shall also cease to exist—

(a) the council of every such area which has a council;
(b) in the case of a borough, the municipal corporation of the borough;
(c) in the case of a parish, the parish meeting;
(d) in the case for a parish for which there is no separate parish council the representative body of the parish;
(e) in the case of parishes included in a group, the common parish council.

(7) In this section "Wales" includes the administrative county of Monmouthshire and the county borough of Newport.

Principal councils[edit]

21.—(1) For every county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name ‘The County Council’ or ‘The District Council’, as the case may be, with the addition of the name of the particular county or district.

Members of principal councils[edit]

22.—(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4) The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty's royal prerogative.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

23.—(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

24.—(1) A principal council shall appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

25.—(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) For the purposes of the election of councillors—

(a) every county shall be divided into electoral divisions, each returning (subject to paragraph 2 of Schedule 5 to this Act) one councillor; and
(b) every district shall be divided into wards, each returning such number of councillors as may be provided by an order under the said paragraph 2 or under or by virtue of the provisions of section 26 below or Part IV of this Act;

and there shall be a separate election for each electoral division or ward.

26.—(1) The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) Subject to subsection (3) below, a district council may in pursuance of the requisite resolution request the Secretary of State to provide—

(a) for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of the district simultaneously; or
(b) for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating, in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

In this subsection ‘the requisite resolution’ means in the case of a resolution passed before 1st April 1974 a resolution passed by a majority, and in the case of a resolution passed on or after that date a resolution passed by not less than two-thirds, of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(3) A resolution may not be passed under subsection (2) above within ten years of a previous resolution thereunder.

(4) Where the Secretary of State receives a request under subsection (2)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (2)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under section 58 below.

(5) Where the Secretary of State receives a request under subsection (2)(b) above from a district council he may ask the Welsh Commission to make proposals in the light of the request with respect to—

(a) the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b) the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and, where the Commission have not completed their review of the electoral arrangements for the district under paragraph 10 of Schedule 10 to this Act, they shall as part of that review consider the proposals to be made under this subsection and, in any other case, sections 59, 60 and 61 below shall apply to the consideration by the Commission of any such proposals as they apply to their conduct of a review under section 57 below and any such proposals shall be treated as if made under section 58 below.

(6) The ordinary elections of district councillors shall take place—

(a) except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b) where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(7) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to district councillors—

(a) their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;
(b) except where an order is in force providing for the election of councillors by thirds, the whole number of the councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and
(c) where such an order is in force, one-third of the whole number of the councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Communities[edit]

27.—(1) A meeting of the local government electors for a community (hereafter in this Act referred to as a community meeting) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2) For the purpose of exercising functions on and after 1st April 1974 there shall be a community council for—

(a) every community which is co-extensive with the area of a rural parish existing immediately before that date and having a separate parish council;
(b) every group of communities the areas of which are co-extensive with the areas of rural parishes existing immediately before that date and grouped under a common parish council; and
(c) any other community in respect of which the Secretary of State has directed under subsection (3) or (4) below that there is to be a community council.

(3) The Secretary of State shall, on an application in writing made to him before 1973 by the council of an existing borough (except an excepted borough) or of an existing urban district, being a borough or district the area or part of the area of which is co-extensive with the area of a community, direct that there shall be a council for the community for the purpose of exercising functions on and after 1st April 1974.

(4) The Secretary of State may, without any application under subsection (3) above, but after such consultations as he thinks proper, direct not later than 30th June 1973 that for the said purpose there shall be a community council for a particular community the area of which is co-extensive with the area or part of the area of an existing borough (except an excepted borough) or of an existing urban district.

(5) A community meeting of a community having a separate community council may, after 1st April 1974 and before the submission to the Secretary of State of the report of the Commission on the special community review relating to that community, apply to the district council for the dissolution of the community council, and thereupon the district council may by order dissolve the community council.

(6) In this section ‘excepted borough’ means the borough of Cardiff, Merthyr Tydfil, Newport, Port Talbot, Rhondda or Swansea.

28.—(1) A community meeting of a community which has not a separate community council and is not co-extensive with a district may, at any time except as provided by section 30 below, apply to the district council for an order establishing a council for the community, and thereupon the district council shall make such an order accordingly.

(2) An order establishing a separate community council for a community shall make such provision as appears to the district council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1949.

(3) An order shall not be made under this section establishing a separate community council for a community grouped under a common community council unless by that order or an order under section 29(4) below the community is separated from the group or the group is dissolved, and where the group is not dissolved, the order under this section shall make such provision as appears to the district council to be necessary for the alteration of the community council of the group.

(4) A community meeting of a community having a separate community council may, at any time except as provided by section 30 below, apply to the district council for the dissolution of the community council, and thereupon the district council shall by order dissolve the community council.

29.—(1) A community meeting of a community may, at any time except as provided by section 30 below, apply to the district council for an order grouping the community with some neighbouring community or communities in the same district under a common community council or by adding the community to an existing group ofsuch communities under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2) Communities shall not be grouped without the consent of a community meeting of each of the communities.

(3) A grouping order shall make the necessary provision—

(a) for the name of the group;
(b) for the election in accordance with this Act and Part I of the Representation of the People Act 1949 of separate representatives on the community council for each community or for the wards of any community or, in the case of an order which adds a community to the group, for that community or for the wards of that community;
(c) for the application to the communities included in the group of all or any of the provisions of section 37 of the Charities Act 1960 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community;
(d) for the dissolution of the separate community council of any community included in the group;

and the order may provide for any necessary adaptations of this Act to the group of communities.

(4) The council of a group of communities or a community meeting of a community included in a group of communities may, at any time except as provided by section 30 below, apply to the district council for an order dissolving the group or separating one or more of those communities from the group, and the district council may thereupon make an order accordingly, and an order so made shall make such provision as appears to the district council to be necessary for the election of a community council for any of the communities in the group, where it is dissolved, and for any of the communities separated from the group, where it is not.

30.—(1) Subject to subsection (3) below, no community application shall be made in relation to any community—

(a) until the expiration of two years beginning with the coming into force of an order under Schedule 10 to this Act consequent on the report of the Commission on the special community review relating to that community; or
(b) during the two years beginning with the coming into force of an order relating to the community under Part IV of this Act consequent on the report or proposals of the Commission or Commissions on a review under that Part of this Act of the county or district of which the community forms part or, as the case may be, of the community; or
(c) during the two years beginning with the coming into force of an order made under this Part of this Act on a community application in relation to the community.

(2) In relation to an application under section 28(4) above subsection (1) above shall have effect as if for the words ‘two years’, in each place where they occur, there were substituted the words ‘five years’.

(3) The Secretary of State may, on an application made by the Commission or Commissions at any time when conducting a review under Part IV of this Act or on an application by a district council at any time when conducting such a review, direct that no community application shall be made in relation to any community affected by the review until the Secretary of State further directs.

(4) Notwithstanding anything in subsections (1) and (2) above but without prejudice to subsection (3) above, the Secretary of State may permit the making of a community application in relation to a community if requested to do so by the council of the district in which the community is situated or by the community council (if any) or a community meeting of the community.

(5) In this section ‘community application’ means any application under section 28 or 29 above.

31.—(1) An order made by a district council under section 27, 28 or 29 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) Where any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

32.—(1) A community meeting of a community shall consist of local government electors for the community.

(2) A community meeting may authorise the person presiding and two other local government electors present at the meeting to do anything or any class of things authorised by the meeting.

(3) Any act of a community meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting.

33.—(1) A community council shall consist of the chairman and community councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2) The community council shall be a body corporate by the name ‘The Community Council’ with the addition of the name of the particular community.

(3) Notwithstanding anything in any rule of law, a community council need not have a common seal, but where a community council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

34.—(1) The chairman of a community council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the community council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the community council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5) A community council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) A community council may appoint a member of the council to be vice-chairman of the council.

(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of community councillors.

(9) Subject to any standing orders made by the community council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

35.—(1) Community councillors shall be elected by the local government electors for the community in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) Subject to any provision included in an order by virtue of section 67 below, the ordinary elections of community councillors shall take place in 1974, 1979 and every fourth year thereafter, their term of office shall be five years in the case of those elected at the ordinary elections in 1974 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of community councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1979 the newly elected councillors shall come into office on the day on which their predecessors retire.

(3) Where a community is not divided into community wards there shall be one election of community councillors for the whole community.

(4) Where a community is divided into community wards there shall be a separate election of community councillors for each ward.

36.  Where a community meeting is required or authorised by or under any enactment to be held for a community ward or other part of a community—

(a) the persons entitled to attend and vote at the meeting, or to vote at any poll consequent thereon, shall be the local government electors registered in respect of qualifications in that community ward or part of the community; and
(b) the provisions of this Act with respect to community meetings for the whole of the community, including the provisions with respect to the convening of a community meeting by local government electors, shall apply as if the community ward or part of the community were the whole community.

Miscellaneous[edit]

37.  Schedule 5 to this Act shall have effect with respect to the establishment of new local authorities in Wales, the suspension of elections of members of existing local authorities there and related matters.

38.  This Part of this Act shall extend to Wales only.

Part III: Registration of Electors and Conduct of Elections[edit]

39. In England and Wales the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or contained in the district or borough, and the Common Council shall appoint an officer to be registration officer for any part of the constituency containing the City and the Temples.

40.—(1) In England and Wales the returning officer for a parliamentary election shall be—

(a) in the case of a county constituency which is coterminous with or wholly contained in a county, the sheriff of the county;
(b) in the case of a borough constituency which is coterminous with or wholly contained in a district, the chairman of the district council;
(c) in the case of any other constituency wholly outside Greater London, such sheriff or chairman of a district council as may be designated in an order made by the Secretary of State;
(d) in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough;
(e) in the case of a constituency wholly or partly in Greater London which is situated partly in one London borough and partly in a district or any other London borough, the mayor of such London borough or the chairman of such district council as may be designated in an order made by the Secretary of State.

(2) The City and the Temples shall be treated for the purposes of this section as if together they formed a London borough.

(3) For section 18(1) of the 1949 Act (discharge of functions of returning officer) there shall be substituted the following subsections:—

(1) In England and Wales the duties of the returning officer for parliamentary elections except those excepted by subsection (1A) of this section shall be discharged, as acting returning officer—

(a) in the case of a constituency for which the chairman of a district council or the mayor of a London borough is returning officer by virtue of section 40(1) of the Local Government Act 1972, by the registration officer appointed by that council;
(b) in the case of any other constituency, by such registration officer as may be designated in an order made by the Secretary of State.

(1A) The duties excepted from subsection (1) are—

(a) any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and
(b) any duties so imposed under rule 51 of those rules which the person (if any) who for the time being holds the office of returning officer reserves to himself and undertakes to perform in person.
(1B) In the event of the death of a sheriff the acting returning officer shall discharge all the duties of sheriff as returning officer until another sheriff is appointed and has made the declaration of office.’

(4) Section 25 of the Sheriffs Act 1887 (death of sheriff) shall not authorise the under-sheriff to discharge the duties of returning officer.

(5) A parliamentary election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

41.—(1) Every county council shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes or communities within the district.

(2) The returning officer at an election of a councillor of the Greater London Council shall be the proper officer of the borough which constitutes or includes the electoral area for which the election is held or, in the case of the electoral area which includes the City and the Temples, the proper officer of the City of Westminster.

(3) The returning officer at an election of London borough councillors shall be the proper officer of the borough.

(4) The returning officer at any election mentioned in subsections (1) to (3) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.

(5) A local government election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

42.—(1) Elections of councillors for all local government areas shall be conducted in accordance with rules made by the Secretary of State and not (in the case of elections of councillors of counties, the Greater London Council and London boroughs) in accordance with the local elections rules in Schedule 2 to the 1949 Act.

(2) Accordingly references in that Act and the Representation of the People Act 1969 to local elections rules shall be construed as references to rules made under this section and references in those Acts to parish election rules shall be construed as references to rules under this section relating to the conduct of elections of parish or, as the case may be, community councillors.

(3) Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the 1949 Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(4) When the following ordinary elections fall to be held in the same year, that is to say—

(a) the ordinary election of district councillors for any district ward; and
(b) the ordinary election of parish or community councillors for any parish or community, or any parish or community ward, which is co-extensive with or situated in that district ward;

the polls at those elections shall be taken together and one-half of the cost of taking the combined polls shall be treated as attributable to the holding of each election.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.

(6) All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish or community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish or the community is situated, exceed that scale, be paid by the district council, but any expenditure so incurred shall be chargeable only on the parish or community for which the election is held.

(7) Before a poll is taken at an election of a councillor for any local government area the council of that area or, in the case of an election of a parish or community councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(8) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

43.  In every year after 1974 the ordinary day of election of councillors shall be the same for all local government areas in England and Wales and shall be the first Thursday in May or such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the first year in which the order is to take effect.

44.—(1) If at an election of a councillor for any local government area—

(a) the poll is abandoned or countermanded for any reason; or
(b) no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held;

the returning officer or, in the case of an election of a councillor of the Greater London Council, the proper officer of the Council shall order an election to be held on a day appointed by him to fill any vacancy which remains unfilled, being a day falling within the period of forty-two days (computed in accordance with section 243(4) below) beginning with the day fixed as the day of election for the first mentioned election.

(2) If for any other reason an election to an office under this Act, other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the Court.

(3) The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.

(4) In a case not falling within subsection (1) above, if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or if, because an election is not held or is defective, or for any other reason, a parish or community council is not properly constituted, the district council may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

(5) An order under this section may include such modifications of the provisions of this Act and rules under section 42 above or Part I of the 1949 Act as appear to the High Court or, as the case may be, the district council necessary or expedient for carrying the order into effect.

(6) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, references in subsections (4) and (5) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(7) Two copies of every order made by a district council under this section shall be sent to the Secretary of State.

(8) If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.

45.—(1) Schedule 6 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the Representation of the People Acts and other enactments relating to parliamentary and local government elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.

(2) In this Part of this Act ‘the 1949 Act’ means the Representation of the People Act 1949 , and ‘registration officer’ has the same meaning as in that Act.

Part IV: Changes in Local Government Areas[edit]

Proposals by Local Government Boundary Commission for England[edit]

46.—(1) There shall be a Local Government Boundary Commission for England (in this Act referred to as ‘the English Commission’) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 7 to this Act shall have effect with respect to the English Commission.

47.—(1) Subject to subsections (2) and (3) below, the English Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):—

(a) the alteration of a local government area;
(b) the constitution of a new local government area of any description outside Greater London by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;
(c) the abolition of a principal area of any description outside Greater London and its distribution among other areas of the like description;
(d) the conversion of a metropolitan into a non-metropolitan county or of a non-metropolitan into a metropolitan county and in consequence thereof the conversion of a metropolitan into a non-metropolitan district or of a non-metropolitan into a metropolitan district within the county;
(e) the constitution of a new London borough by the amalgamation of two or more London boroughs or by the aggregation of parts of London boroughs or by the separation of part of a London borough;
(f) the abolition of a London borough and the distribution of its area among other London boroughs;
(g) the constitution of a new parish by—
(i) the establishment of any area which is not a parish or part of one as a parish; or
(ii) the aggregation of the whole or any part of any such area with one or more parishes or parts of parishes;
(h) the abolition of a parish with or without the distribution of its area among other parishes;
(i) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under the foregoing paragraphs or is a change (hereafter in this Part of this Act referred to as a substantive change) which is independent of any change in local government areas so proposed.

(2) The English Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a parish except in accordance with section 50(7) below.

(3) The English Commission shall not make any such proposals for the conversion of a metropolitan into a non-metropolitan county or of a non-metropolitan into a metropolitan county before the first review carried out by the Commission under section 48(1) below.

(4) For the purposes of subsection (1)(b) and (c) above metropolitan and non-metropolitan counties are areas of a like description and so are metropolitan and non-metropolitan districts.

48.—(1) Subject to subsection (2) and section 49(5) below, it shall be the duty of the English Commission not less than ten or more than fifteen years after 1st April 1974 and thereafter at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection to review—

(a) all counties in England, all metropolitan districts and all London boroughs;
(b) the boundaries between Greater London and the counties adjoining it and between the City and the London boroughs adjoining it;

for the purpose of considering whether or not to make such proposals in relation to all or any, or any part, of those areas or boundaries as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may by direction given to the English Commission vary the length of any interval specified in subsection (1) above either as respects the whole review or as respects any particular case or class of case.

(3) At a time when the English Commission are not conducting a review under subsection (1) above, they may, subject to section 49(5) below, review all or any, or any part, of the areas mentioned in subsection (1)(a) above or of the boundaries mentioned in subsection (1)(b) above for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) If the English Commission receive a request from a local authority or parish meeting that the Commission should conduct a review under subsection (3) above with respect to any area or boundary in England in which the authority or meeting appear to the Commission to be interested, the Commission shall consider the request.

(5) Subject to section 49(5) below, it shall be the duty of the English Commission to keep under review all non-metropolitan districts for the purpose of considering whether or not to make such proposals in relation to any such districts as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority or parish meeting appearing to the Commission to be interested in any such district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(6) In any case where the Secretary of State has made an order under section 1 of the New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the English Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 49(5) below, to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(7) Subject to section 49(5) below, the English Commission may at any time review the boundaries between the Inner Temple or the Middle Temple and the City or the City of Westminster for the purpose of considering whether or not to make such proposals with respect to any such boundaries as are authorised by section 47 above and what proposals, if any, to make and shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made with respect to any such boundaries by the Common Council, the Council of the City of Westminster, the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(8) Subject to section 49(5) below, it shall be the duty of the council for each district in England to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the English Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any parish council or parish meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(9) The English Commission shall consider any report made under subsection (8) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

49.—(1) The Secretary of State may direct the English Commission to conduct a review of the principal areas in England as a whole, or of any one or more local government areas or parts of suck areas in England, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 47 above and what proposals, if any, to make and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the English Commission or otherwise, direct the council of a district in England to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The English Commission shall consider any report made under subsection (2) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the English Commission, the Secretary of State may direct the English Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) The Secretary of State may direct—

(a) the English Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas, or boundaries between such areas, which the Commission have the duty or power to review under section 48 above; and
(b) a district council not to undertake during a specified period a review of the whole or any specified part of their district which they have power to review under that section.

50.—(1) No review shall be conducted under section 48 or 49 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the English Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 9 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in England for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the English Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in England for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in England to keep under review the electoral arrangements for the parishes (if any) in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make, and the council shall consider any request made with respect to those arrangements by the council for, or not less than thirty local government electors of, any parish appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The English Commission may, on a request made by the council for, or not less than thirty local government electors of, any parish, review the electoral arrangements for the parish for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the English Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the English Commission that in their opinion the order proposed should not be made (whether with or without modifications) or, if within six months of receiving any such proposals the district council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

(8) No representations shall be made after the passing of this Act under paragraph 1 of Part III of Schedule 1 to the 1963 Act (consideration of electoral arrangements for London boroughs).

51.—(1) Where the English Commission have—

(a) in accordance with section 48 or 49 above been conducting a review of any area or considering any recommendations made by a district council; or
(b) in accordance with section 50 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Any statutory instrument containing an order under this section which alters the area of a county, district or London borough, the City, the Inner Temple or the Middle Temple or abolishes a county, district or London borough shall be subject to annulment in pursuance of a resolution of either House of Parliament.

52.—(1) The Secretary of State may give the English Commission or the council of a district in England directions for their guidance in conducting reviews under section 48, 49 or 50 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in England except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the English Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 48 or 49 above.

Proposals by Local Government Boundary Commission for Wales[edit]

53.—(1) There shall be a Local Government Boundary Commission for Wales (in this Act referred to as ‘the Welsh Commission’) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 8 to this Act shall have effect with respect to the Welsh Commission.

54.—(1) Subject to subsection (2) below, the Welsh Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):—

(a) the alteration of a local government area;
(b) the constitution of a new local government area of any description by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;
(c) the abolition of a local government area of any description and its distribution among other areas of the like description;
(d) the constitution of a new community by—
(i) the establishment of any area which is not a community or part of one as a community;
(ii) the aggregation of the whole or any part of any such area with one or more communities or parts of communities;
(e) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under the foregoing paragraphs or is a substantive change.

(2) The Welsh Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a community except in accordance with section 57(7) below.

55.—(1) It shall be the duty of the Welsh Commission to keep under review all counties and districts in Wales for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority appearing to the Commission to be interested in any such county or district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(2) Upon the completion, in relation to their district, of the special community review under Schedule 10 below it shall be the duty of the council for each district in Wales to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the Welsh Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in their district as are authorised by section 54 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any community council or community meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(3) The Welsh Commission shall consider any report made under subsection (2) above with respect to any district in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) In any case where the Secretary of State has made an order under section 1 of the New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Welsh Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) If in conducting a review under this section the Commission or a district council intend to make, or recommend the making of, proposals for a change in local government areas they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any of the following:—

(a) the constitution of a council for a community (other than a community which is co-extensive with a district) or a group of such communities;
(b) the dissolution of a community council, whether separate or common;
(c) the separation of a community from a group of communities having a common community council;
(d) the addition of a community to a group of communities having a common community council;
(e) the making of provision for electoral arrangements for any community or group of communities which is consequential on any change proposed under the foregoing paragraphs;

and subsections (1) to (3) above shall apply in relation to proposals for any of those matters and recommendations for such proposals as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

56.—(1) The Secretary of State may direct the Welsh Commission to conduct a review of Wales as a whole, or of any one or more local government areas or parts of such areas in Wales, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the Welsh Commission or otherwise, direct the council of a district in Wales to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in their district as are authorised by section 54 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The Welsh Commission shall consider any report made under subsection (2) above with reference to any district in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the Welsh Commission, the Secretary of State may direct the Welsh Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) If in conducting a review under this section the Commission or a district council intend to make, or recommend the making of, proposals for a change in local government areas, they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any such matters as are mentioned in section 55(5) above, and subsections (1) to (3) of that section shall apply in relation to such proposals and recommendations as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

57.—(1) No review shall be conducted under section 55 or 56 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the Welsh Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 10 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the Welsh Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in Wales to keep under review the electoral arrangements for the communities in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make and the council shall consider any requests made with respect to those arrangements by the council for, or not less than thirty local government electors of, any community appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The Welsh Commission may, on a request made by the council for, or not less than thirty local government electors of, any community, review the electoral arrangements for the community for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the Welsh Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the Welsh Commission that in their opinion the order proposed should not be made (whether with or without modifications) or if, within six months of receiving any such proposals the district council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

58.—(1) Where the Welsh Commission have—

(a) in accordance with section 55 or 56 above been conducting a review of any area or considering any recommendations made by a district council; or
(b) in accordance with section 57 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Welsh Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Any statutory instrument containing an order under this section which alters the area of a county or district or abolishes a county or district shall be subject to annulment in pursuance of a resolution of either House of Parliament.

59.—(1) The Secretary of State may give the Welsh Commission or the council of a district in Wales directions for their guidance in conducting reviews under section 55, 56 or 57 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in Wales except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the Welsh Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 55 or 56 above.

Conduct of reviews[edit]

60.—(1) A Commission or district council proposing to conduct a review under the foregoing provisions of this Part of this Act shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2) In conducting any such review a Commission or district council shall—

(a) consult—
(i) the council of any local government area affected by the review, and such other local authorities and public bodies as appear to them to be concerned;
(ii) any bodies representative of staff employed by local authorities who have asked the Commission or the council, as the case may be, to be consulted; and
(iii) such other persons as they think fit;
(b) take such steps as they think fit for securing that persons who may be interested in the review are informed of any draft proposals or recommendations, any draft of an order under section 50(4) or 57(4) above or any interim decision not to make proposals or recommendations or any such order and of the place or places where those proposals or recommendations or that order or decision can be inspected;
(c) in particular, deposit copies of those proposals or recommendations or that order or decision at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and
(d) take into consideration any representations made to them within that period.

(3) In considering any recommendations made by a district council in consequence of a review conducted by them under this Part of this Act a Commission may consult the council of any local government area affected by the review, such other local authorities and public bodies as appear to them to be concerned and such other persons as they think fit.

(4) Where a Commission propose to modify any proposals recommended by a district council as aforesaid or not to submit any such proposals, the Commission shall—

(a) take such steps as they think fit for securing that persons who may be interested in any modification or decision are informed of it and of the place or places where it can be inspected;
(b) deposit copies of any draft modification or the decision at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and
(c) take into consideration any representations which may be made to them with respect to any such modification or decision within that period.

(5) Where a Commission or a district council make a report, proposals or recommendations under this Part of this Act they shall—

(a) take such steps as they think fit for securing that persons who may be interested in the report, proposals or recommendations are informed of the report, proposals or recommendations and of the place or places where they can be inspected;
(b) in particular, deposit copies of the report, proposals or recommendations at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to the proposals or recommendations or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(6) Subject to subsections (1) to (5) above, the Secretary of State may make regulations prescribing the procedure by which a Commission or, as the ease may be, a district council are to conduct a review under this Part of this Act or by which a Commission are to consider recommendations of a district council thereunder.

(7) Subject to those subsections and to any regulations made under subsection (6) above, the procedure of a Commission or a district council in conducting any such review and the procedure of the Commission in considering any such recommendations shall be such as they may determine.

61.—(1) A Commission or district council may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2) Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commission or district council causing the inquiry to be held.

Border between England and Wales[edit]

62.—(1) The English Commission and the Welsh Commission may jointly review the boundary between a county in England and a county in Wales and, with the consent of the councils of both counties, make joint proposals to the Secretary of State for making alterations to the boundary appearing to the Commissions desirable in the interests of effective and convenient local government and for making consequential changes to the electoral arrangements for any area in those counties.

(2) The Commissions shall before making proposals under this section—

(a) give public notice in such manner as appears to the Commissions to be sufficient for informing persons likely to be concerned that they are holding a review under this section;
(b) prepare draft proposals and furnish copies of them to all public bodies appearing to the Commissions to be affected thereby and require those bodies which are principal councils to make copies available for inspection at their offices for a period specified in the requirement;
(c) on furnishing such copies as aforesaid give public notice as aforesaid that copies of the draft proposals are available for inspection as aforesaid and that objections to the proposals may be made to the Commissions within a time specified in the notice;
(d) consider any objections received by the Commissions within that time and, if they think fit, cause a local inquiry to be held with respect to the proposals.

(3) Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commissions.

(4) The Secretary of State may give both the Commissions directions for their guidance in conducting a review and making proposals under this section.

(5) Where the Commissions have in accordance with this section completed a review thereunder, they shall submit to the Secretary of State a report on the review together with the proposals they have formulated or, as the case may be, a notification that they have no proposals to put forward, and section 60(5) above shall apply to the report and proposals as it applies to any report or proposals mentioned therein.

(6) Subject to the foregoing provisions of this section, the procedure of the Commissions for conducting a review under this section shall be such as they may determine.

(7) The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section either as submitted to him or with such modifications as he may agree with the county councils concerned.

(8) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Initial reviews[edit]

63.  Schedule 9 to this Act shall have effect with respect to the initial review of electoral arrangements for counties and districts in England.

64.  Schedule 10 to this Act shall have effect with respect to the review of Wales with a view to the making of changes in the areas, councils and electoral arrangements of communities in Wales and with respect to the initial review of electoral arrangements for counties and districts in Wales.

Supplementary provisions[edit]

65.—(1) A Commission may appoint one or more members of the Commission—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and
(b) to report to the Commission accordingly.

(2) At the request of a Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and
(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

66.—(1) The Commissions acting jointly may appoint one or more members of either or both of the Commissions—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commissions, acting jointly, are required or authorised to hold or carry out under this Act; and
(b) to report to the Commissions accordingly.

(2) At the request of the Commissions the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and
(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

67.—(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to—

(a) the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;
(b) the functions or areas of jurisdiction of any public body, justice of the peace, stipendiary magistrate, coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;
(c) the transfer of legal proceedings;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;
(b) the constitution and election of public bodies in any area affected by the order;
(c) the total number of councillors and aldermen (if any), the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, the first election of councillors for any new or altered electoral area, and the first election of aldermen (if any);
(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;
(e) without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;
(f) in the case of an order relating to the system of election of district councillors, the ordinary year of election and the order of retirement of parish or community councillors for any parish or community situated in the district;
(g) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

68.—(1) Any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
(b) for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and
(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator may provide for any matter for which an agreement under this section might have provided.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section may be paid out of such fund or rate as may be specified in the agreement or award, or if no fund or rate was specified, either out of the fund or rate from which the general expenses of the public body are defrayed, or out of such fund or rate as the public body may direct.

(5) For the purposes of paying any capital sum required to be paid by a public body in pursuance of any such agreement or award—

(a) a local authority may borrow without the approval of the Secretary of State, but so that the sum borrowed shall be repaid within such period as the authority with the consent of the Secretary of State may determine;
(b) any other public body having power under any enactment or any instrument made under any Act to borrow may borrow under that enactment or instrument; and
(c) a public body having no power under any enactment or any such instrument to borrow may be empowered by an order made by the Secretary of State to borrow in such manner and in accordance with such conditions as may be provided by the order.

(6) Subject to subsection (7) below, capital money received by a local authority other than a parish council, parish meeting or community council in pursuance of an agreement or award under this section shall be applied either—

(a) at the discretion of the local authority in one or more of the following ways, namely,—
(i) for the purposes of a service whose cost is borne by the housing revenue account or by the county fund, the general fund of the Greater London Council or the general rate fund, being a purpose for which the authority have obtained the approval of the Secretary of State or have been authorised by a local enactment to borrow money on terms providing for repayment within a period of not less than 15 years;
(ii) in or towards the repayment of a debt incurred by the authority for the purpose of any such service as aforesaid, being a debt repayable within a period of which, at the date of the application of the money, not less than 15 years remain unexpired;
(iii) in making, in each of not less than 15 consecutive financial years, payments each of equal amount into the county fund, the general fund of the Greater London Council or the general rate fund;
(iv) in making a payment into a capital fund established by them under paragraph 16 of Schedule 13 to this Act; or
(b) with the approval of the Secretary of State in or towards the repayment of a debt incurred by the authority (other than such a debt as is mentioned in paragraph (a)(ii) above) or otherwise for a purpose for which, apart from this subsection, capital money may be applied;

and capital money received by any other public body in pursuance of an agreement or award under this section shall be applied in such manner as me Secretary of State may approve towards the discharge of any debt of me body or otherwise for a purpose for which capital money may be applied.

(7) Capital money shall not be applied by a local authority under subsection (6) above—

(a) in pursuance of paragraph (a)(i) thereof, for a purpose of any undertaking of the authority, being a transport, water, district heating, harbour, dock, pier or ferry undertaking, or a market or civic restaurant, or
(b) in pursuance of paragraph (a)(ii) thereof, in or towards repayment of a debt incurred for a purpose of any such undertaking, market or restaurant, or
(c) in pursuance of paragraph (a)(iv) thereof, so as to make the fund mentioned in that sub-paragraph exceed such sum as the Secretary of State may from time to time determine, either generally or in any particular case.

(8) Any agreement or award under this section which relates to the profits of local taxation licences shall, so far as it so relates, be carried out in accordance with regulations made by the Secretary of State.

(9) Subsection (8) above shall apply to—

(a) an adjustment made under section 151 of the 1933 Act, whether as originally enacted or as applied by any other enactment or any instrument made under any Act; and
(b) an adjustment made under section 32 or 62 of the Local Government Act 1888 , whether as originally enacted or as so applied, and consequent on an alteration of areas effected after 31st March 1930;

as it applies in relation to an agreement or award under this section.

69.—(1) The power conferred by section 266 below to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) The Secretary of State or district council proposing to make any such varying or revoking order shall prepare a draft of the order, shall send copies of the draft to such local or public authorities as appear to him or them to be concerned, and shall give public notice, in such manner as appears to him or them sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at a place specified in the notice and that representations with respect to the draft may be made to him or them within two months of the publication of the notice.

(3) The Secretary of State or district council shall consider any representations duly made with respect to the draft and may, if he or they think fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State or a district council may cause a local inquiry to be held with respect to the draft and section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this subsection by a district council with the substitution for references to a Minister of references to the council.

(5) Any supplementary provision contained in an order made by a Minister of the Crown under any of the following enactments (being enactments making provision corresponding to some or all of the foregoing provisions of this Part of this Act), that is to say—

(a) section 46 of the Local Government Act 1929;
(b) Part VI of the 1933 Act;
(c) Part II of the Local Government Act 1958;
(d) section 6 of the 1963 Act;
(e) any enactment repealed by the 1933 Act and corresponding to any enactment in the said Part VI;

may be varied or revoked by an order made by the Secretary of State, and subsections (2) to (4) above shall apply in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(6) Any supplementary provision contained in an order made under any of the enactments mentioned in subsection (5) above by a county council may be varied or revoked in relation to any new district to which or part of which that provision relates by an order made by the council of the district, and subsections (2) to (4) above shall apply with all necessary modifications in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(7) In this section ‘supplementary provision’ means any such provision as could be made by an order under this Part of this Act by virtue of section 67 above or section 255 below.

Miscellaneous[edit]

70.  No local authority shall have power to promote a Bill for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

71.—(1) A Commission may at any time review so much of the boundary of any county as lies below the high-water mark of medium tides and does not form a common boundary with another county and may make proposals to the Secretary of State for making alterations to any part of the boundary so as to include in the county any area of the sea which at the date of the proposals is not, in whole or in part, comprised in any other county or to exclude from the county any area of the sea which at that date is comprised in the county.

(2) The Secretary of State may direct a Commission to conduct a review under this section of a particular boundary or not to undertake during a specified period such a review of a particular boundary, and may give a Commission directions for their guidance in conducting a review and making proposals under this section.

(3) Subsections (1), (2), (5), (6) and (7) of section 60 above shall apply in relation to a review under this section as they apply in relation to a review under the provisions of this Part of this Act which precede that section.

(4) The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section, either as submitted to him or with modifications.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

72.—(1) Subject to subsection (3) below, every accretion from the sea, whether natural or artificial, and any part of the sea-shore to the low water-mark, which does not immediately before the passing of this Act form part of a parish shall be annexed to and incorporated with—

(a) in England, the parish or parishes which the accretion or part of the sea-shore adjoins, and
(b) in Wales, the community or communities which the accretion or part of the sea-shore adjoins,

in proportion to the extent of the common boundary.

(2) Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a parish or community under this section shall be annexed to and incorporated with the district and county in which that parish or community is situated.

(3) In England, in so far as the whole or part of any such accretion from the sea or part of the sea-shore as is mentioned in subsection (1) above does not adjoin a parish, it shall be annexed to and incorporated with the district which it adjoins or, if it adjoins more than one district, with those districts in proportion to the extent of the common boundary; and every such accretion or part of the sea-shore which is annexed to and incorporated with a district under this section shall be annexed to and incorporated with the county in which that district is situated.

Alteration of local boundaries consequent on alteration of water-course[edit]

73.—(1) Where, in the exercise of any power conferred by the Land Drainage Act 1930 or any other enactment, a water-course forming a boundary line between two or more areas of local government is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.

(2) If after consultation with the English Commission or the Welsh Commission, as the case may require, the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.

(3) The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.

74.—(1) Subject to subsection (5) below, the council of a county, district or London borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the county, district or borough.

(2) Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

(3) Notice of any change of name made under this section—

(a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and
(b) shall be published in such manner as the Secretary of State may direct.

(4) A change of name made in pursuance of this section shall not affect any rights or obligations of any county, district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(5) The name of a county or district shall not be changed under this section before 1st April 1978 unless the change is made with the consent of the Secretary of State.

75.—(1) At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

(2) Notice of any change of name made under this section—

(a) shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and
(b) shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

76.—(1) At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the district in which the community is situated may change the name of the community.

(2) Notice of any change of name made under this section—

(a) shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and
(b) shall be published by the district council in the community and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

77.—(1) Notwithstanding anything in Schedule 2 to this Act the Greater London Council may with the consent of the Secretary of State change the name of the Council or Greater London, or both, or make provision as to the titles by which the chairman, vice-chairman and any deputy chairman of the council are to be known.

(2) Any change of name under this section shall take effect as from such date as the Secretary of State may by order appoint.

(3) A change of name under this section shall not—

(a) affect any rights or obligations of any authority or person;
(b) be taken as invalidating any instrument (whether made before or after the date appointed by the order) which refers to the Council or Greater London by the previous name;

but the new name shall be substituted for the previous name in all enactments relating to the Council or, as the case may be, Greater London and in all instruments and legal proceedings made or begun before that date which refer to that previous name, but not so as to affect the title of any Act or instrument.

78.—(1) In this Part of this Act—

‘electoral arrangements’ means—

(a) in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;
(b) in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;

‘local government area’ includes the City, the Inner Temple and the Middle Temple;

‘public body’ includes any compensation authority for the purposes of the Licensing Act 1964.

‘substantive change’ has the meaning assigned to it by section 47(1)(i) above.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, each of the Commissions and every district council shall so far as is reasonably practicable comply with the rules set out in Schedule 11 to this Act.

Part V: General Provisions as to Members and Proceedings of Local Authorities[edit]

Qualifications and disqualifications[edit]

79.—(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority if he is a British subject or a citizen of the Republic of Ireland and on the relevant day he has attained the age of twenty-one years and—

(a) on that day he is and thereafter he continues to be a local government elector for the area of the authority; or
(b) he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or
(c) his principal or only place of work during that twelve months has been in that area; or
(d) he has during the whole of those twelve months resided in that area; or
(e) in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

(2) In this section ‘relevant day’, in relation to any candidate, means—

(a) except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and
(b) in the said excepted case, the day of election.

80.—(1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority if he—

(a) holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman) appointments to which are or may be made or confirmed by the local authority or any committee or subcommittee of the authority or by a joint board or joint committee on which the authority are represented or by any person holding any such office or employment; or
(b) is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors; or
(c) has within five years before the day of election or since his election been surcharged by a district auditor to an amount exceeding 500 under Part X of the 1933 Act; or
(d) has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
(e) is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1949 or under Part VIII below.

(2) Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of—

(a) a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or
(b) a joint board or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

(3) Teachers in a school maintained but not established by a local education authority shall be in the same position as respects disqualification for office as members of the authority as teachers in a school established by the authority.

(4) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the Transport Act 1962) of, the Passenger Transport Executive for an area which is coterminous with the area of a county shall be disqualified for being elected or being a member of the council of that county.

(5) For the purposes of subsection (1)(c) and (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the surcharge or conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the surcharge or conviction, as the case may be.

81.—(1) Where a person is disqualified under section 80 above by reason of having been adjudged bankrupt, then—

(a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
(b) if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and
(c) if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

(2) Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(3) Nothing in section 80(1)(a), (2) or (3) above shall operate to disqualify any person for being elected or being—

(a) the chairman, vice-chairman, deputy chairman or an alderman of the Greater London Council;
(b) a councillor of the Greater London Council for an electoral area in an outer London borough;
(c) a member of the council of an inner London borough;

by reason of his being a teacher in, or being otherwise employed in, any school, college or other educational institution maintained or assisted by the Inner London Education authority.

(4) Section 80(2) and (3) above shall not operate so as to disqualify—

(a) any person by reason of his being a teacher, or otherwise employed, in a school, college or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or
(b) any person by reason of his being a teacher, or otherwise employed, in a school, college or other educational institution maintained or assisted by a metropolitan district council for being a member of the county, council by reason that the county council nominates members of the education committee of the district council.

82.— The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

Acceptance, resignation and vacation of office, and casual vacancies[edit]

83.—(1) The person elected to any of the following offices, that is to say the office of chairman, vice-chairman, alderman or councillor of the council of a county, district or London borough or the Greater London Council or deputy chairman of the Greater London Council shall not, unless he has made a declaration of acceptance of office in a form prescribed by rules under section 42 above, and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

(2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3) The declaration shall be made before either—

(a) two members of the council to which the declarant is elected; or
(b) the proper officer of the council; or
(c) a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or
(d) a commissioner appointed to administer oaths in the Supreme Court.

(4) A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

(a) in the case of the chairman, at the meeting at which he is elected;
(b) in the case of a councillor, before or at the first meeting of the parish or community council after his election; or
(c) in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by rules under section 42 above, and if he fails to do so his office shall thereupon become vacant.

(5) Any person before whom a declaration is authorised to be made under this section may take the declaration.

84.— A person elected to any office under this Act may at any time resign his office by written notice delivered—

(a) except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;
(b) in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;
(c) in the case of a parish or community councillor, to the chairman of the parish or community council;
(d) in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

85.—(1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

(2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3) A member of any branch of Her Majesty's naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

86.— Where a member of a local authority—

(a) ceases to be qualified to be a member of the authority; or
(b) becomes disqualified for being a member of the authority otherwise than by virtue of an order under Part VIII below, a surcharge, a conviction or a breach of any provision of Part II of the Representation of the People Act 1949; or
(c) ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

87.—(1) For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;
(b) in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;
(c) in the case of death, on the date of death;
(d) in the case of a disqualification by virtue of an order under Part VIII below or a surcharge or conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the order, surcharge or conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;
(e) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;
(f) in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (e) above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and
(g) in the case of a councillor accepting the office of alderman or of an alderman accepting the office of councillor, on the date on which he accepts that office.

(2) Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

(a) in a case where the local authority declare the office to be vacant, immediately after the declaration; and
(b) in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

88.—(1) On a casual vacancy occurring in the office of chairman of any council or of any alderman, an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

(2) Where the office vacant is that of chairman of the council, a meeting of the council for the election may be convened by the proper officer of the authority.

(3) In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

89.—(1) Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

(a) in a case in which the High Court or the council have declared the office to be vacant, within forty-two days (computed in accordance with section 243(4) below) from the date of the declaration;
(b) in any other case, within forty-two days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

(2) The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer or, in the case of an election of a councillor of the Greater London Council, the proper officer of that Council.

(3) Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

(4) Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

(5) Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

(a) where an election is contested—
(i) the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;
(ii) if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;
(b) where the election is not contested—
(i) those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;
(ii) where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

(6) A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under section 42 above.

(7) Where under this section any question is required to be determined by lot—

(a) in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and
(b) in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

90.— A person elected or appointed under the foregoing provisions of this Act in England or Wales to fill any casual vacancy, or elected under the 1933 Act in England to fill a casual vacancy in the office of chairman of a parish council or parish meeting or of parish councillor, shall hold office until the date upon which the person in whose place he is elected would regularly have retired, and he shall then retire.

91.—(1) Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

(2) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(3) Two copies of every order made under this section shall be sent to the Secretary of State.

Proceedings for disqualification[edit]

92.—(1) Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

(a) in the High Court or a magistrates' court if that person so acted;
(b) in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

(2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

(a) if the proceedings are in the High Court, the High Court may—
(i) make a declaration to that effect and declare that the office in which the defendant has acted is vacant;
(ii) grant an injunction restraining the defendant from so acting;
(iii) order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding 50 for each occasion on which he so acted while disqualified;
(b) if the proceedings are in a magistrates' court, the magistrates' court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding 50 for each occasion on which he so acted while disqualified.

(3) Where proceedings under this section are instituted in a magistrates' court, then—

(a) if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;
(b) if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates' court by order to discontinue the proceedings.

(4) Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

(5) No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

(6) For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

(a) if he is not qualified to be, or is disqualified for being, a member of the authority; or
(b) if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

Restrictions on voting[edit]

93.— Except in the exercise of a casting vote when presiding over a meeting of the Greater London Council or a committee thereof—

(a) a councillor of the Greater London Council elected for an electoral area which includes the City and the Temples shall not vote at any such meeting on any matter involving only expenditure on account of which no part of the City, the Temples or the City of Westminster is for the time being liable to be charged; and
(b) a councillor of the Greater London Council elected for any other electoral area shall not vote at any such meeting on any matter involving only expenditure on account of which the London borough in which that electoral area is situated is not for the time being liable to be charged.

94.—(1) Subject to the provisions of section 97 below, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2) If any person fails to comply with the provisions of subsection (1) above he shall for each offence be liable on summary conviction to a fine not exceeding 200 unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.

(3) A prosecution for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(4) A local authority may by standing orders provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(5) The following, that is to say—

(a) the receipt by the chairman, vice-chairman or deputy chairman of a principal council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;
(b) the receipt by a member of a local authority of an allowance or other payment under any provision of sections 173 to 176 below or his right to receive, or the possibility of his receiving, any such payment;

shall not be treated as a pecuniary interest for the purposes of this section.

95.—(1) For the purposes of section 94 above a person shall be treated, subject to the following provisions of this section and to section 97 below, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2) Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3) In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other.

96.—(1) A general notice given in writing to the proper officer of the authority by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the authority shall record in a book to be kept for the purpose particulars of any disclosure made under section 94 above and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any member of the local authority.

97.—(1) The district council, as respects a member of a parish or community council, and the Secretary of State, as respects a member of any other local authority, may, subject to such conditions as the district council or the Secretary of State may think fit to impose, remove any disability imposed by section 94 above in any case in which the number of members of the local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the district council or the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

(2) The power of a district council and of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member (or, in the case of the power of the Secretary of State, any member or any class or description of member) by reason of such interests, and in respect of such matters, as may be specified by the council or the Secretary of State.

(3) Nothing in section 94 above precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to a district council or the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.

(4) Section 94 above does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as a ratepayer or inhabitant of the area or as an ordinary consumer of water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.

(5) For the purposes of section 94 above a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected as mentioned in section 95(1) above which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6) Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed 1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, section 94 above shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.

Interpretation of sections 95 and 97.[edit]

98.—(1) In sections 95 and 97 above ‘securities’ and ‘shares’ have the same meanings respectively as in the Prevention of Fraud (Investments) Act 1958.

(2) In section 95 above ‘public body’ includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907.

Meetings and proceedings[edit]

99.— The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees, parish meetings and their committees and community meetings.

100.—(1) For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as ‘the 1960 Act’) shall have effect subject to the following provisions of this section.

(2) Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply to any committee constituted under an enactment specified in paragraphs (c) to (h) of section 101(9) below and to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act.

(3) Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Part VI: Discharge of Functions[edit]

101.—(1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—

(a) by a committee, a sub-committee or an officer of the authority; or
(b) by any other local authority.

(2) Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

(3) Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.

(4) Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.

(5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(6) A local authority's functions with respect to levying, or issuing a precept for, a rate or borrowing money shall be discharged only by the authority.

(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under the Diseases of Animals Act 1950 by any other local authority.

(8) Any enactment, except one mentioned in subsection (9) below, which contains any provision—

(a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
(b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9) The following enactments, that is to say—

(a) paragraphs 1 and 3 to 11 of Part II of Schedule 1 to the Education Act 1944 (education committees of local education authorities);
(b) section 30(2) of the 1963 Act (special education committee of the Greater London Council);
(c) sections 2 and 3 of the Police Act 1964 (police committees);
(d) section 1 of the Sea Fisheries Regulation Act 1966;
(e) section 35(3) of the Children and Young Persons Act 1969 (children's regional planning committees);
(f) section 2 of the Local Authority Social Services Act 1970 (social services committees);
(g) section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc.); and
(h) Part I of Schedule 17 to this Act;

are exempted from subsection (8) above.

(10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

(11) It is hereby declared that this section authorises the Greater London Council to arrange for the discharge of any of their functions by the Inner London Education Authority or any education committee established by that Authority under Part II of Schedule 1 to the Education Act 1944.

(12) References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(13) In this Part of this Act ‘local authority’ includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.

(14) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970 .

102.—(1) For the purpose of discharging any functions in pursuance of arrangements made under section 101 above—

(a) a local authority may appoint a committee of the authority; or
(b) two or more local authorities may appoint a joint committee of those authorities; or
(c) any such committee may appoint one or more sub-committees.

(2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3) A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.

(4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

103.— The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—

(a) in any case in which those authorities are the councils of parishes or communities or groups of parishes or communities situated in the same district, by the district council; and
(b) in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.

104.—(1) Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.

(2) A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, college or other educational institution maintained or assisted by a local education authority be disqualified for being a member of any committee of any local authority—

(a) appointed for the purposes of the enactments relating to education; or
(b) appointed for purposes connected with the execution of the Public Libraries and Museums Act 1964;

or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.

(3) Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

(4) In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.

105.— Sections 94 to 98 above shall apply as respects members of a committee of a local authority or of a joint committee of two or more local authorities (including in either case a sub-committee), whether the committee or joint committee are appointed or established under this Part of this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—

(a) references to meetings of any such committee shall be substituted for references to meetings of the local authority; and
(b) in the case of members of a committee of a local authority or any sub-committee the right of persons who are members of the committee or sub-committee but not members of the local authority to inspect the book kept under section 96(2) above shall be limited to an inspection of the entries in the book relating to the members of the committee or sub-committee.

106.— Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

107.—(1) Subject to the following provisions of this section—

(a) sections 101 to 103 and 106 above shall apply to a police authority other than the Secretary of State as they apply to a local authority;
(b) sections 104 and 105 above shall apply both to a police authority and a committee of any such authority or authorities as they apply to a committee of a local authority or authorities;

and in their application to the Common Council as police authority those sections shall have effect subject to those provisions.

(2) A police authority may not arrange for the discharge of their functions by another police authority, and section 101(1)(b) and (3) above shall not apply to a police authority.

(3) The officers who may discharge the functions of a police authority in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed for the purposes of the police authority or one of the police authorities.

(4) A police authority may not arrange under section 101 above for the discharge of their functions by a committee or officer as respects part only of their area.

(5) Section 101(10) above shall not apply to a police authority.

(6) Any committee appointed under section 102 above for discharging the functions of one or more police authorities (including any sub-committee) shall consist only of members of the appointing authority or authorities and section 102(3) above shall not apply to committees of police authorities.

(7) Section 103 above, in its application to a joint committee of police authorities, shall have effect as if for paragraphs (a) and (b) there were substituted the words ‘by the Secretary of State’.

(8) A person shall not be disqualified by virtue of section 104 above for being a member of a police authority or the committee (or any sub-committee) of any such authority or authorities by virtue of his holding any office or employment, except employment for the purposes of the police authority or one of the police authorities.

(9) Section 106 above shall not authorise any county council to make standing orders with respect to the quorum, proceedings or place of meeting of a police authority.

(10) For the purposes of this section the following persons shall be treated as employed for the purposes of a police authority, that is to say—

(a) any person employed under section 10 of the Police Act 1964 for police purposes of the police authority's area; and also
(b) in the case of a combined police authority, any person whose services are made available for the use of that authority in pursuance of section 4(5) of that Act.

108.— In a parish not having a separate parish council the parish meeting may, subject to any provisions made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.

109.—(1) On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.

(2) Two copies of every order made under this section shall be sent by the district council to the Secretary of State.

110.—(1) Where it appears to a district council that the county council should be required to make arrangements for the discharge by the former of any of the latter's functions as respects a period beginning with 1st April 1974, but the latter are unwilling to enter into the arrangements or the two councils are unable to agree on the terms of the arrangements, the district council may apply to the appropriate Minister for a direction under subsection (3) below.

(2) Where it appears to a county council that a district council should be required to make arrangements for the discharge by the former of any of the latter's functions as respects a period beginning with 1st April 1974, but the latter are unwilling to enter into the arrangements or the two councils are unable to agree on the terms of the arrangements, the county council may apply to the appropriate Minister for a direction under subsection (3) below.

(3) On an application under subsection (1) or (2) above the appropriate Minister—

(a) may, if he considers it desirable for the efficient discharge of the relevant functions, or of other functions of either or both of the councils concerned, direct the county council and the district council concerned to enter into any arrangements for the discharge by one of them of specified functions of the other; and
(b) whether or not he gives a direction under paragraph (a) above, may direct that any such arrangements shall contain terms on lines laid down by him.

(4) A direction under subsection (3) above shall not be given after 31st March 1974 and shall, subject to subsection (5) below, remain in force for a period specified in the direction ending before 1st April 1979, but the expiry of any such direction shall not of itself end the arrangements to which it relates.

(5) While a direction under subsection (3) above is in force, the parties to the arrangements to which it relates may by agreement vary or end the arrangements or in default of agreement either of them may apply to the appropriate Minister for a direction to vary or end the arrangements, and the appropriate Minister may, if he considers it desirable for the efficient discharge of the relevant functions, or of other functions of either or both of the councils concerned, direct the parties to vary the arrangements on lines laid down by him or to end the arrangements.

Part VII: Miscellaneous Powers of Local Authorities[edit]

Subsidiary powers[edit]

111.—(1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2) For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.

(3) A local authority shall not by virtue of this section raise money, whether by means of rates, precepts or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(4) In this section ‘local authority’ includes the Common Council.

Staff[edit]

112.—(1) Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority's functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.

(2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3) Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.

(4) Subsection (3) above does not apply to the following officers, that is to say—

(a) district surveyors and deputy district surveyors of the Greater London Council appointed under section 75 or 80 of the London Building Acts (Amendment) Act 1939;
(b) chief education officers appointed under section 88 of the Education Act 1944;
(c) chief officers and other members of fire brigades maintained under the Fire Services Act 1947;
(d) inspectors of weights and measures appointed under section 41 of the Weights and Measures Act 1963;
(e) the chief education officer of the Inner London Education Authority appointed by virtue of section 30(4) of the 1963 Act;
(f) agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the Agriculture Act 1970; and
(g) directors of social services appointed under section 6 of the Local Authority Social Services Act 1970;

and it is hereby declared that subsection (3) above does not apply to public analysts appointed under section 89 of the Food and Drugs Act 1955 or to any other person appointed by a local authority to perform a specified function.

(5) Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.

(6) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

113.—(1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2) For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities' functions as an officer of that other local authority.

114.—(1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may in the case of any other officer employed by them, take such security, for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

115.—(1) Every officer employed by a local authority, whether under this Act or any other enactment, shall at such times during the continuance of his office or within three months after ceasing to hold it, and in such manner as the local authority direct, make out and deliver to the authority, or in accordance with their directions, a true account in writing of all money and property committed to his charge, and of his receipts and payments, with vouchers and other documents and records supporting the entries therein, and a list of persons from whom or to whom money is due in connection with his office, showing the amount due from or to each.

(2) Every such officer shall pay all money due from him to the proper officer of the local authority or in accordance with their directions.

116.— A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed by that authority to any paid office, other than to the office of chairman or vice-chairman and in the case of the Greater London Council the office of deputy chairman.

117.—(1) If it comes to the knowledge of an officer employed, whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall as soon as practicable give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 95 above had he been a member of the authority.

(2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding 200.

(4) References in this section to a local authority shall include references to a joint committee appointed under Part VI of this Act or any other enactment.

118.—(1) Subject to the provisions of this section, the power of a local authority to pay remuneration to their officers shall include power, where the authority are satisfied after considering medical evidence that the person to whom, apart from this section, any sum to which this section applies is payable (hereafter in this section referred to as ‘the patient’) is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1959 , of managing and administering his property and affairs, to pay that sum or such part thereof as the authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the authority think fit—

(a) to or for the benefit of persons who appear to the authority to be members of the patient's family or other persons for whom the patient might be expected to provide if he were not mentally disordered; or
(b) in reimbursement, with or without interest, of money applied by any person either in payment of the patient's debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in the foregoing paragraph.

(2) This section applies to any sum payable by a local authority to an officer or pensioner of the authority, or to the widow or widower or a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contributions made to any superannuation or other fund; and in this subsection the expression ‘pensioner’ includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the local authority.

(3) A local authority shall not in exercise of the powers conferred by subsection (1) above apply in any year in respect of any one person more than 500, or such other sum as may be prescribed.

(4) Before exercising their powers under this section in relation to any patient a local authority shall give to the authority having jurisdiction under Part VIII of the said Act of 1959 notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the local authority intend to exercise those powers, and the local authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid; and, except with the approval of the authority having jurisdiction as aforesaid, the local authority shall not make the first payment under this section in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice.

(5) If at any time the authority having jurisdiction as aforesaid give to the local authority notice in writing that the first-mentioned authority objects to the exercise by the local authority of their said powers in relation to any patient, those powers shall, as from the date of the receipt by the local authority of the notice, cease to be exercisable by the local authority in relation to that patient unless and until the first-mentioned authority withdraws the notice.

(6) A local authority shall be discharged from all liability in respect of any payment or application of money effected by the authority in exercise of their powers under this section.

119.—(1) If, on the death of any person who is or has been an officer of a local authority, there is due to him or his legal personal representatives from a local authority a sum not exceeding 500 and not being a pension, allowance or gratuity payable by virtue of section 7 of the Superannuation Act 1972 , the authority may, without requiring the production of probate or letters of administration of the estate of the officer, pay the whole or any part of that sum to the officer's personal representatives or to the person, or to or among any one or more of any persons, appearing to the authority to be beneficially entitled to the estate of the officer, and any person to whom such a payment is made, and not the authority, shall be liable to account for the sum paid to him under this subsection.

(2) The authority may, if they think fit, pay out of the said sum the funeral expenses of the officer or so much thereof as they consider reasonable having regard to any death grant which has been or is to be paid under section 39 of the National Insurance Act 1965 .

(3) Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 , substituting for references to 500 references to such higher amount as may be specified in the order.

(4) Where provision has been made by regulations under section 7(1)(b) of the said Act of 1972 with respect to the pensions, allowances or gratuities which in certain circumstances are to be, or may be, paid to or in respect of any persons or classes of persons, the Secretary of State may by regulations provide for the application of the foregoing provisions of this section to such of those persons or classes of persons as may be specified in the regulations.

Land transactions—principal councils [edit]

120.—(1) For the purposes of—

(a) any of their functions under this or any other enactment, or
(b) the benefit, improvement or development of their area,

a principal council may acquire by agreement any land, whether situated inside or outside their area.

(2) A principal council may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the council's functions.

(3) Where under this section a council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word ‘land’ shall have the meaning assigned to it by this Act.

(4) Where two or more councils acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those councils from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money's worth, as purchaser or lessee.

121.—(1) Subject to subsection (2) below, for any purpose for which they are authorised by this or any other public general Act to acquire land, a principal council may be authorised by the Minister concerned with that purpose to purchase compulsorily any land, whether situated inside or outside their area.

(2) A council may not be authorised under subsection (1) above to purchase land compulsorily—

(a) for the purpose specified in section 120(1)(b) above, or
(b) for the purpose of any of their functions under the Local Authorities (Land) Act 1963 , or
(c) for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3) Where one or more councils propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one council, between those councils, and—

(a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and
(b) where there is more than one council concerned, the councils may nominate one of them to acquire the land on behalf of them all and the council so nominated

shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

122.—(1) Subject to the following provisions of this section, a principal council may appropriate for any purpose for which the council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the council and is no longer required for the purpose for which it is held immediately before the appropriation; but the appropriation of land by a council by virtue of this subsection shall be subject to the rights of other persons in, over or in respect of the land concerned.

(2) A principal council may not appropriate under subsection (1) above any land which they may be authorised to appropriate under section 121 of the Town and Country Planning Act 1971 (land forming part of a common, etc.) unless—

(a) the total of the land appropriated in any particular common, open space or fuel or field garden allotment (giving those expressions the same meanings as in the said section 121) does not in the aggregate exceed 250 square yards, and
(b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

and where, by virtue of this subsection, any public trust land is appropriated under subsection (1) above, the land shall, by virtue of the appropriation, be freed from any trust arising solely by reason of its being public trust land.

(3) Except with the consent of the Minister concerned with the function for which the land is held immediately before the date of the proposed appropriation, a council may not exercise their power of appropriation under subsection (1) above with respect to any land which was acquired not more than ten years before that date in the exercise (directly or indirectly) of compulsory powers by a local authority (including, in respect of an acquisition before 1st April 1974, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired.

(4) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section, any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

(5) For the purposes of subsection (3) above, land shall be taken to have been acquired by an authority in the exercise (directly or indirectly) of compulsory powers if it was acquired by them—

(a) compulsorily, or
(b) by agreement at a time when they were authorised by or under an enactment to acquire the land compulsorily,

and it was not acquired in consequence of the service in pursuance of any enactment of a notice requiring the authority to purchase the land.

(6) In this section ‘public trust land’ means land held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906 (public open spaces).

123.—(1) Subject to the following provisions of this section, a principal council may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) A principal council shall not under this section dispose of public trust land unless—

(a) the total of the land disposed of in any particular public walk, pleasure ground or other open space does not in the aggregate exceed 250 square yards, and
(b) before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them,

but where any such land is so disposed of the land shall, by virtue of the disposal, be freed from any trust arising solely by reason of its being public trust land.

(4) A principal council shall not under this section dispose of, otherwise than by way of a short tenancy, any such land as is specified in subsection (5) below, except with the consent of the Minister concerned with the function for which the land is held immediately before the disposal.

(5) Subsection (4) above applies to any land which is not public trust land but which—

(a) consists or forms part of an open space within the meaning of the Town and Country Planning Act 1971; or
(b) was acquired not more than ten years before the date of the proposed disposal in the exercise (directly or indirectly) of compulsory powers by a local authority (including, in respect of an acquisition before 1st April 1974, any existing local authority) and has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired;

and subsection (5) of section 122 above shall apply for the purposes of paragraph (b) above as it applies for the purposes of subsection (3) of that section.

(6) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under the Charities Act 1960 .

(7) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a) of the grant of a term not exceeding seven years, or
(b) of the assignment of a term which at the date of the assignment has not more than seven years to run,

and in this section ‘public trust land’ has the meaning assigned to it by section 122(6) above.

Land transactions—parish and community councils[edit]

124.—(1) For the purposes of—

(a) any of their functions under this or any other public general Act, or
(b) the benefit, improvement or development of their area,

a parish or community council may acquire by agreement any land, whether situated inside or outside their area.

(2) Where under this section a parish or community council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word ‘land’ shall have the meaning assigned to it by this Act.

(3) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money's worth, as purchaser or lessee.

125.—(1) If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for any purpose for which they are authorised to acquire land other than—

(a) the purpose specified in section 124(1)(b) above, or
(b) any purpose in relation to which the power of acquisition is by any enactment expressly limited to acquisition by agreement,

they may represent the case to the council of the district in which the parish or community is situated, and if on any such representation the district council are satisfied that suitable land for that purpose cannot be acquired on reasonable terms by agreement and that the circumstances are such as to justify the district council in proceeding under this section, the district council shall cause a local inquiry to be held in the parish or community by such one or more members, or such officer, of the district council as the council may appoint for the purpose.

(2) The district council shall publish in the parish or community in the prescribed manner a notice of the proposed inquiry, and shall serve on the owners, lessees and occupiers (except tenants for a month or any period less than a month) of the land proposed to be acquired notice of the proposed inquiry in the prescribed form.

(3) After the inquiry has been completed and all objections made by persons interested have been considered the district council may be authorised by the Secretary of State to purchase compulsorily the land or any part thereof.

(4) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory purchase of land in pursuance of subsection (3) above as if that subsection were contained in an Act in force immediately before the commencement of that Act, but subject to the following modifications relating to the compulsory purchase order authorising the purchase:—

(a) if no objection is duly made by any of the owners, lessees and occupiers of the land in question (except tenants for a month or any period less than a month), or if all objections so made are withdrawn, the Secretary of State shall confirm the order with or without modification if he is satisfied that the proper notices have been published and served;
(b) the order shall be carried into effect by the district council, but the land, when acquired, shall be conveyed to the parish or community council, and accordingly in construing, for the purposes of this section and of the order, any enactment applying in relation to the compulsory acquisition, the parish or community council in whom the land is to be vested, or the district council by whom the land is to be acquired, or the two councils jointly, shall, as the case may require, be treated as the authority authorised by the order under the said Act of 1946 to purchase the land; and
(c) it shall not be necessary for the district council to publish any notice stating that the order has been made and the purpose for which the land is required.

(5) The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by any owner and to the convenience of other property belonging to the same owner and shall, so far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner.

(6) The person holding an inquiry under this section on behalf of a district council shall have the same powers as a person appointed by the Secretary of State under this Act to hold an inquiry.

(7) If a district council refuse to make an order for the purposes of this section the parish or community council may petition the Secretary of State, and, after holding a local inquiry, the Secretary of State may, if he thinks proper, make the order, and this section and the provisions of the Acquisition of Land (Authorisation Procedure) Act 1946 shall apply as if the order had been made by the district council and confirmed by the Secretary of State.

(8) In the application of this section to a parish or community council for a group of parishes or communities—

(a) references to the parish or community shall be construed as references to the area of the group, and
(b) if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of those districts acting jointly.

126.—(1) Any land belonging to a parish or community council which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the council for any other purpose for which the council are authorised by this or any other public general Act to acquire land by agreement.

(2) In the case of a parish which does not have a separate parish council, any land belonging to the parish meeting which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the parish meeting for any other purpose approved by the Secretary of State.

(3) The appropriation of land by virtue of this section by a parish or community council or by a parish meeting shall be subject to the rights of other persons in, over or in respect of the land concerned.

(4) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land which they may be authorised to appropriate under section 121 of the Town and Country Planning Act 1971 (land forming part of a common, etc.) unless—

(a) the total of the land appropriated in any particular common, open space or fuel or field garden allotment (giving those expressions the same meanings as in the said section 121) does not in the aggregate exceed 250 square yards, and
(b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

and where, by virtue of this subsection, any public trust land is appropriated under this section, the land shall, by virtue of the appropriation, be freed from any trust arising solely by reason of its being public trust land.

(5) Except with the consent of the Secretary of State, a parish or community council may not exercise their power of appropriation under subsection (1) above with respect to any land which was acquired not more than ten years before the date of the proposed appropriation in the exercise (directly or indirectly) of compulsory powers by a local authority (including, in respect of an acquisition before 1st April 1974, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired; and subsection (5) of section 122 above shall apply for the purposes of this subsection as it applies for the purposes of subsection (3) of that section.

(6) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

(7) In this section ‘public trust land’ has the meaning assigned to it by section 122(6) above.

127.—(1) Subject to the following provisions of this section, a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) Subsections (3) to (5) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution—

(a) of references to a parish or community council or the parish trustees of a parish for references to a principal council, and
(b) of a reference to the consent of the Secretary of State for the reference in subsection (4) to the consent of a Minister.

(4) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under the Charities Act 1960 .

(5) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a) of the grant of a term not exceeding seven years, or
(b) of the assignment of a term which at the date of the assignment has not more than seven years to run.

Land transactions—general provisions[edit]

128.—(1) In any case where under the foregoing provisions of this Part of this Act the consent of any Minister is required to a dealing in land by a local authority, that consent may be given—

(a) in relation to any particular transaction or transactions or in relation to a particular class of transactions; and
(b) in relation to local authorities generally, or local authorities of a particular class, or any particular local authority or authorities; and
(c) either unconditionally or subject to such conditions as the Minister concerned may specify (either generally, or in relation to any particular transaction or transactions or class of transactions).

(2) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land, then—

(a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and
(b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.

(3) Notwithstanding that principal councils are authorities to whom Part II of the Town and Country Planning Act 1959 applies, sections 22, 23 and 26 of that Act (provisions relating to consents required for the exercise of powers of acquisition, appropriation and disposal of land) shall not apply in relation to the exercise by principal councils of powers conferred by this Part of this Act, and in section 29 of that Act (protection of purchasers) references to an authority to whom the said Part II applies shall be construed as though that expression did not include a principal council.

(4) In this section ‘local authority’ includes a parish meeting and the parish trustees of a parish.

129.—(1) With the consent of the Secretary of State, any purchase money or compensation payable in pursuance of the foregoing provisions of this Part of this Act by a local authority in respect of any land acquired from another local authority, being money or compensation which would, apart from this section, be required to be paid into court in accordance with the Compulsory Purchase Act 1965 , may, instead of being so paid, be paid and applied as the Secretary of State may determine.

(2) A decision of the Secretary of State under this section shall be final.

130.— The Chancellor and Council of the Duchy of Lancaster may sell to a local authority any land belonging to Her Majesty in right of that Duchy which the local authority think fit to purchase, and the land may be granted to the local authority and the proceeds of sale shall be paid and dealt with as if the land had been sold under the authority of the Duchy of Lancaster Lands Act 1855 .

131.—(1) Nothing in the foregoing provisions of this Part of this Act or in Part VIII below—

(a) shall authorise the disposal of any land by a local authority in breach of any trust, covenant or agreement which is binding upon them, excluding any trust arising solely by reason of the land being held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906; or
(b) shall affect, or empower a local authority to act otherwise than in accordance with, any provision contained in, or in any instrument made under, any of the enactments specified in subsection (2) below and relating to any dealing in land by a local authority or the application of capital money arising from any such dealing.

(2) The enactments referred to in subsection (1)(b) above are—

(a) the Technical and Industrial Institutions Act 1892;
(b) the Military Lands Acts 1892 to 1903;
(c) the Light Railways Acts 1896 and 1912;
(d) the Allotments Acts 1908 to 1950;
(e) the Small Holdings and Allotments Acts 1908 to 1931;
(f) the Ancient Monuments Acts 1913 to 1953;
(g) section 28 of the Land Settlement (Facilities) Act 1919;
(h) the Civil Aviation Act 1949;
(i) the Housing Acts 1957 to 1971;
(j ) Part III of the Agriculture Act 1970; and
(k) any local Act (including an Act confirming a provisional order).

(3) Nothing in the foregoing provisions of this Part of this Act shall affect the operation of section 29 of the Charities Act 1960 (restrictions on dealing with charity property) and, in particular, none of those provisions shall be treated as giving any such authority for a transaction as is referred to in subsection (3)(a) of that section (certain statutorily authorised transactions not to require the sanction of the Charity Commissioners).

(4) In this section ‘local authority’ includes a parish meeting and the parish trustees of a parish.

Premises and contracts [edit]

132.— A principal council may acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.

133.— A parish or community council may acquire or provide and furnish buildings to be used for public meetings and assemblies or contribute towards the expenses incurred by any other parish or community council or any other person in acquiring or providing and furnishing such a building.

134.—(1) If in a parish there is no suitable public room vested in the parish council or the parish trustees, as the case may be, which can be used free of charge, a suitable room in premises of a school maintained by the local education authority or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

(a) a parish meeting or any meeting of the parish council, where there is one; or
(b) meetings convened by the chairman of the parish meeting or by the parish council, where there is one; or
(c) the administration of public funds within or for the purposes of the parish where those funds are administered by any committee or officer appointed by the parish council or parish meeting or by the county council or district council.

(2) If in a community there is no suitable public room vested in the community council which can be used free of charge or there is no community council, a suitable room in premises of a school maintained by the local education authority or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

(a) a community meeting or any meeting of the community council, where there is one; or
(b) meetings convened by the community council, where there is one; or
(c) the administration of public funds within or for the purposes of the community where those funds are administered by any committee or officer appointed by the community council, where there is one, or by the county council or district council.

(3) Nothing in this section shall authorise—

(a) the use of a room used as pan of a private dwelling; or
(b) any interference with the hours during which a room in the premises of a school is used for educational purposes; or
(c) any interference with the hours during which a room used for the purposes of the administration of justice, or for the purposes of the police, is used for those purposes.

(4) If, by reason of the use of a room for any of the purposes mentioned in subsection (1) or (2) above, any expense is incurred by persons having control of the room, or any damage is done to the room or the building of which it is part or to its appurtenances, or to the furniture of the room or any teaching aids, the expense or the cost of making good the damage shall be defrayed as an expense of the parish or community council or parish or community meeting.

(5) If any question arises under this section as to what is reasonable or suitable, it may be determined by the Secretary of State.

135.—(1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

Miscellaneous[edit]

136.— Two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

137.—(1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment.

(2) It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority's functions.

(3) A local authority may, subject as aforesaid, incur expenditure on contributions to any of the following funds, that is to say—

(a) the funds of any charitable body in furtherance of its work in the United Kingdom; or
(b) the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or
(c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member.

(4) The expenditure of a local authority under this section in any financial year shall not exceed the product of a rate of 2p in the pound for their area for that year or if some other amount, whether higher or lower, is fixed by an order made by the Secretary of State shall not exceed the product of a rate of that amount in the pound for their area for that year.

(5) A statutory instrument containing an order under subsection (4) above may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure, and section 228(4), (6) and (7) below shall have effect as if any reference to the abstract of the accounts of the local authority included a reference to any such separate account as aforesaid.

(8) The product of a rate of 2p or any other amount in the pound for any area shall be computed for the purposes of this section by reference to the product of a rate of 1p in the pound for that area as determined for those purposes in accordance with rules made under section 113(1)(c) of the General Rate Act 1967 .

(9) In this section ‘local authority’ includes the Common Council.

138.—(1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a principal council are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the council may—

(a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and
(b) make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies.

(2) Where a principal council take any such action as aforesaid which will involve their incurring expenditure or make any such grant or loan, they shall as soon as practicable notify the Secretary of State of the action they have taken or of any grant or loan they have made, and the Secretary of State may direct them to cease taking that action or to take it only to such extent as he may specify in the direction or not to make any further grant or loan or to make one not exceeding such amount as he may specify.

(3) Subsection (1) above does not authorise a local authority to execute—

(a) any drainage or other works in any part of a main river, within the meaning of the Land Drainage Act 1930 , or of any other watercourse which is treated for the purposes of any of the provisions of that Act as part of a main river, or
(b) any works which local authorities have power to execute under section 34 of the Land Drainage Act 1961 (measures against flooding),

but subject to those limitations, the power conferred by that subsection is in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

(4) In this section ‘principal council’ includes the Common Council and, until 1st April 1974, the council of an existing county, county borough or county district.

139.—(1) Subject to the provisions of this section a local authority may accept, hold and administer—

(a) for the purpose of discharging any of their functions, gifts of property, whether real or personal, made for that purpose; or
(b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

(2) Where any such work is executed in connection with a gift made for the benefit of the inhabitants of the area of a local authority or of some part of that area, the cost of executing the work shall be added to any expenditure under section 137 above in computing the limit imposed on that expenditure by subsection (4) of that section.

(3) This section shall not authorise the acceptance by a local authority of property which, when accepted, would be held in trust for an ecclesiastical charity or for a charity for the relief of poverty.

(4) Nothing in this section shall affect any powers exercisable by a local authority under or by virtue of the Education Acts 1944 to 1971.

140.—(1) A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member of the authority in respect of an accident to whom that sum is received.

(3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of the Insurance Companies Act 1958 to be a policy of insurance upon the happening of personal accidents.

(4) In this section, the expression ‘local authority’ includes the London Transport Executive established under section 4 of the Transport (London) Act 1969 and the expression ‘member of the authority’ includes a member of a committee or subcommittee of the authority who is not a member of that authority.

141.—(1) The council of a county may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning the county or any part of the county and may make, or assist in the making of, arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the county, any government department or the public.

(2) The appropriate Minister with respect to any matter may require the council of a county to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the county in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the county, but not the county council, the county council may require that other authority to furnish them with that information.

142.—(1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities or by government departments or by charities and other voluntary organisations, and other information as to local government matters affecting the area.

(2) A local authority may—

(a) arrange for the publication within their area of information on matters relating to local government; and
(b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and
(c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and
(d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

(3) In this section ‘local authority’ includes the Common Council and ‘voluntary organisation’ means a body which is not a public body but whose activities are carried on otherwise than for profit.

143.—(1) A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or
(b) of any association of officers or members of local authorities which was so formed.

(2) In this section ‘local authority’ includes the Common Council.

144.—(1) A local authority may (either alone or jointly with any other person or body)—

(a) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area; and
(b) provide, or encourage any other person or body to provide, facilities for recreation, conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

(2) Without prejudice to subsection (1) above, a local authority may contribute to any organisation approved by the Secretary of State for the purposes of this subsection and established for the purpose of encouraging persons to visit the United Kingdom or any part thereof.

(3) The Greater London Council, a London borough council and the Common Council shall not have power under subsection (2) above to contribute to the giving in the United Kingdom of publicity, whether by advertising or otherwise, to the commercial or industrial advantages of any part of Greater London.

(4) The powers conferred on the Greater London Council by section 73 of the 1963 Act (publicity for amenities of Greater London) shall also be exercisable as respects their respective areas by the London borough councils and the Common Council.

(5) In this section ‘local authority’ includes the Common Council.

145.—(1) A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for any of the following purposes, that is to say—

(a) the provision of an entertainment of any nature or of facilities for dancing;
(b) the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances;
(c) the maintenance of a band or orchestra;
(d) the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts;
(e) any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them.

(2) Without prejudice to the generality of the provisions of subsection (1) above, a local authority—

(a) may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;
(b) may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;
(c) may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat.

(3) Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

(4) Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of intoxicating liquor.

(5) In this section, the expression ‘local authority’ includes the Common Council.

146.—(1) Where any securities are standing in the books of a company in the name of a local authority, the following provisions shall have effect—

(a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;
(b) if by virtue of anything done under any provision of this Act or the 1963 Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of the county in which the area of that other authority is situated, or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;
(c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the court may on application make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be, and the Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act.

(2) In this section, the expression—

‘company’ includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

‘local authority’ means a local authority within the meaning of the 1933 Act, the London Government Act 1939 or this Act or a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, a burial board, a joint burial board or the parish trustees of a parish;

‘securities’ has the same meaning as in the Prevention of Fraud (Investments) Act 1958 .

(3) The jurisdiction of the court under this section may be exercised by the High Court or, in cases in which a county court would have jurisdiction if the application were an application made under the Trustee Act 1925 , by that court.

Part VIII: Finance[edit]

Expenses and receipts[edit]

147.—(1) All expenses of a principal council shall be general expenses chargeable on the whole of their area except—

(a) those which by virtue of any enactment or instrument of a legislative character are special expenses chargeable only on part of their area; and
(b) in the case of expenses of a county council, expenses incurred under any enactment passed before 1st June 1934 and not declared, directed or ordered to be general expenses or expenses, including expenses of a specified description, for general county purposes.

(2) In determining the amount of any expenses of a principal council, whether general or special, a proper proportion of the cost of the offices, buildings and establishment of the council may be added to those expenses.

(3) A district council may by resolution declare any expenses incurred by them to be special expenses chargeable only on such part of their area as may be specified in the resolution, and any such resolution may be varied or revoked by a subsequent resolution of the council.

(4) The expenses of a district council arising out of, or incidental to, the possession of property held by the council in trust for any rating district shall, so far as they fall to be defrayed out of rates, be special expenses chargeable only on that rating district, but without prejudice to the powers of the council under subsection (5) below.

(5) Where any expenses of a principal council are payable as special expenses, the council may determine to contribute as part of their general expenses such sums as appear to them to be reasonable in or towards defraying those expenses, and to treat the remainder, if any, as special expenses.

(6) Any order made under section 190(3) of the 1933 Act or any enactment replaced by that subsection and declaring expenses of any description to be separately chargeable on any contributory place, being an order in force immediately before 1st April 1974, shall on and after that date have effect as a resolution made under subsection (3) above by the council of the district in which that place is situated declaring the expenses to be special expenses chargeable only on the area of that place, and may be varied or revoked accordingly.

148.—(1) The council of each district and London borough shall keep a general rate fund, and references in any Act or instrument to any fund which by virtue of section 10 of the Rating and Valuation Act 1925 was amalgamated with the general rate fund of a borough or district shall, unless the context otherwise requires, be construed as references to the general rate fund of the district or borough.

(2) The council of each county shall keep a fund to be known as the county fund and the Greater London Council shall keep a fund to be known as the general fund.

(3) Where any authority other than a rating authority receive income applicable to the relief of rates in some part of their area and the amount of the income so received in any financial year exceeds any expenditure incurred in connection with the income in that year and chargeable only on that part of the area, the authority shall pay the excess to the rating authority of the rating area in which that part is situated to be credited to that part.

(4) All receipts of a principal council shall be carried to the appropriate fund, that is to say, the county fund in the case of a county, the general fund in the case of the Greater London Council and the general rate fund in the case of a district or London borough, and all liabilities falling to be discharged by any such council shall be discharged out of the appropriate fund.

(5) Accounts shall be kept of receipts carried to, and payments made out of, the appropriate fund and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area.

149.—(1) A county council and the Greater London Council may issue precepts to the appropriate rating authorities for the levying of rates to meet all liabilities falling to be discharged by the council for which provision is not otherwise made and may at any time issue a supplementary precept if they think it necessary to do so having regard to the requirements of the council.

(2) A precept issued by a county council or the Greater London Council shall be so issued as to secure that the rate is levied—

(a) in the case of a rate to meet liabilities in respect of general expenses of the council, on the whole of the county or Greater London, as the case may be; and
(b) in the case of a rate to meet liabilities in respect of special expenses of the council, on the area chargeable therewith.

(3) Amounts leviable by a district or London borough council by means of a rate shall be chargeable—

(a) in the case of amounts leviable to meet liabilities in respect of general expenses, on the whole of the district or borough; and
(b) in the case of amounts leviable to meet liabilities in respect of special expenses, on the part of the district or borough chargeable therewith.

(4) A precept issued by a county council or the Greater London Council shall include as separate items contributions in respect of general and special expenses respectively.

150.—(1) The sums required to meet the expenses of a parish or community council or a parish or community meeting shall—

(a) in the case of a parish or community not grouped under a common parish or community council, be chargeable on the parish or community;
(b) in the case of a common parish or community council for parishes or communities so grouped, be chargeable on the parishes or communities within the group;
(c) in the case of a parish meeting of a parish, or a community meeting of a community, so grouped, be chargeable only on that parish or community.

(2) In a parish having a separate parish council or in a community having a council, whether separate or common, the expenses of the parish meeting or any community meeting shall be paid by the parish or community council.

(3) In a community not having a community council, whether separate or common, the expenses of any community meeting shall be paid by the council of the district in which the community is situated.

(4) For the purpose of obtaining sums necessary to meet the expenses of a parish or community council or a parish or community meeting, the parish or community council, or the chairman of the parish meeting of a parish not having a separate parish council, shall issue precepts to the council of the district in which the parish or community is situated.

(5) Every cheque or other order for the payment of money by a parish or community council shall be signed by two members of the council.

(6) Every parish or community council and the chairman of the parish meeting for a parish not having a separate parish council shall keep such accounts as may be prescribed of the receipts and payments of the council or parish meeting, as the case may be.

(7) References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish or community meeting.

151. Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.

152. Nothing in sections 147 to 150 above shall be construed as requiring or authorising a local authority to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.

153.—(1) Subject to sections 123(6) and 127(4) above and to subsection (2) below, capital money received by a local authority on a disposal of land under Part VII of this Act shall be applied towards the discharge of any debt of the local authority or otherwise for any purpose for which capital money may properly be applied.

(2) Subject to the provisions of section 27 of the Town and Country Planning Act 1959 (application of capital money in certain cases without consent) the application of capital money in accordance with subsection (1) above shall be effected only with the consent of the Secretary of State.

Accounts and audit[edit]

154.—(1) All accounts of a local authority or a parish meeting for a parish not having a separate parish council or any committee of any such authority (including a joint committee of two or more such authorities) and the accounts of the rate fund and superannuation fund of the City shall be audited in accordance with this Part of this Act by either a district auditor or an approved auditor, and in this Part of this Act 'the accounts of the rate fund and superannuation fund of the City' means—

(a) the accounts relating to the levy and collection of the poor rate and general rate made by the Common Council and to the income and expenditure which falls to be credited in aid of, or to be met out of, the poor rate or the general rate; and
(b) the accounts relating to the superannuation fund established and administered in pursuance of Part II of the City of London (Various Powers) Act 1931 ;

and any reference in this Part of this Act to the accounts of a body shall be construed, in relation to the Common Council, as a reference to the accounts of the rate fund and superannuation fund of the City.

(2) Subject to the following provisions of this section—

(a) the accounts of a county council or district council shall be audited either by the district auditor or by an auditor appointed by the council, according as the council shall determine by resolution passed before 1st January 1974;
(b) the accounts of the Greater London Council, of a London borough council or of a joint committee of either the Greater London Council and one or more London borough councils or the councils of two or more London boroughs shall be audited by the district auditor;
(c) the accounts of the rate fund and superannuation fund of the City shall be audited either by the district auditor or by an auditor appointed by the Common Council, according as the Common Council shall determine by resolution passed before 1st January 1974;
(d) the accounts of the parish council, parish meeting or community council of each of the parishes or communities in a particular district and of every joint committee of the councils of two or more parishes or communities, both or all of which are situated in that district, shall be audited either by the district auditor or by an auditor appointed by the council of the district in which the parishes or communities are situated, according as that district council shall determine by resolution passed before 1st January 1974; and
(e) the accounts of any joint committee to which subsection (1) above applies but which does not fall within paragraph (b) or paragraph (d) above shall be audited either by the district auditor or by an auditor appointed by the committee, according as the committee shall determine by resolution passed not later than six weeks after the committee is established;

but a resolution under this subsection providing for any accounts to be audited by an auditor appointed by a council or committee shall be of no effect unless the appointment is approved by the Secretary of State under section 164 below.

(3) Subject to the following provisions of this section, in any case where, by virtue of any provision of this section or of section 164 below, any accounts are audited by the district auditor, the body which resolved that the accounts should be so audited or, in the case of any accounts falling within subsection (2)(b) above, the body whose accounts they are, may by resolution passed before 1st October in any year determine that, for the financial year beginning on 1st April next following and for subsequent financial years, those accounts shall not be so audited but shall instead be audited by an auditor appointed by the body:

Provided that no resolution under this subsection with respect to any accounts falling within subsection (2)(b) above shall have effect for a financial year beginning before 1st April 1976.

(4) Subject to the following provisions of this section, in any case where, by virtue of subsection (2) or subsection (3) above or any provision of section 164 below, any accounts are audited by an auditor whose appointment is approved by the Secretary of State under that section, the body which appointed him may by a resolution passed before 1st October in any year determine that, for the financial year beginning on 1st April next following and for subsequent financial years, those accounts shall not be so audited but shall instead be audited either by the district auditor or by a different auditor appointed by the body.

(5) A resolution of a principal council or of the Common Council under subsection (2)(a), subsection (2)(c), subsection (3) or subsection (4) above may make different provision in relation to different accounts of the council or (in the case of a resolution under subsection (3) or subsection (4) above) may apply only to such of the council's accounts as may be specified in the resolution.

(6) A resolution of a body under subsection (3) or subsection (4) above shall not be effective to terminate the appointment of the person (whether the district auditor or an approved auditor who at the time the resolution is passed is the auditor of the accounts concerned unless—

(a) notice of the intention to move the resolution has been given to him not less than one month before the meeting at which it is moved; and
(b) not more than six weeks after the resolution is passed the Secretary of State has notified the body of his approval of the resolution under subsection (8) below;

and the appointment of another auditor, other than the district auditor, by virtue of such a resolution shall be of no effect unless the appointment is approved by the Secretary of State under section 164 below.

(7) Where notice is served on an auditor under paragraph (a) of subsection (6) above—

(a) the body concerned shall have regard to any representations in writing made to them by the auditor at any time before the date of the meeting at which the resolution is to be moved; and
(b) the Secretary of State shall have regard to any representations in writing made to him by the auditor at any time not later than two weeks after the resolution is passed.

(8) Where a body has passed a resolution under subsection (3) or subsection (4) above with respect to any accounts they shall send a copy of the resolution to the Secretary of State and the Secretary of State shall notify them in writing whether or not he approves the resolution.

(9) In any case where an approved auditor gives notice in writing to the body who appointed him to audit any accounts that he wishes to resign his appointment on completion of the audit of those accounts for a particular financial year—

(a) the power of the body to pass a resolution under subsection (4) above to replace the approved auditor shall be exercisable as if in that subsection for the words 'before 1st October in any year' there were substituted the words 'within six weeks of the receipt by them of a notice under subsection (9) below' and for the words 'beginning on 1st April next following' there were substituted the words 'following that specified in that notice';
(b) subsection (6) above, except so far as it relates to the appointment of a new auditor, and subsections (7) and (8) above shall not apply in relation to any such resolution; and
(c) a copy of any such resolution shall be sent to the Secretary of State together with a copy of the notice given to the body by the approved auditor.

(10) If it appears to the Secretary of State that, with respect to any accounts falling within subsection (1) above,—

(a) no resolution relating to the audit of the accounts has been passed under any of paragraphs (a), (c), (d) and (e) of subsection (2) above, or
(b) for any other reason neither the district auditor nor an approved auditor is for the time being appointed to audit the accounts, or
(c) the approved auditor who is for the time being appointed to audit the accounts is for any reason unable or unwilling to act,

he may direct that, with respect to such financial year as may be specified in the direction and subsequent financial years, the accounts shall be audited by the district auditor; and where such a direction is given the provisions of this section and the following provisions of this Part of this Act shall have effect as if by virtue of a resolution of the body concerned under subsection (2) or subsection (4) above, for the financial year so specified and subsequent financial years the accounts are to be audited by the district auditor.

(11) The provisions of this section shall have effect with respect to the accounts of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts as if all the parishes in the group were comprised in that district in which there is, at the time at which this provision comes into force, the greater number of local government electors for the parishes in the group.

155. All accounts to which section 154(1) above applies and all other accounts which by law are required to be audited in accordance with this Part of this Act shall be made up yearly to 31st March or such other date as the Secretary of State may generally or in any special case direct.

156.—(1) The Secretary of State may with the consent of the Minister for the Civil Service appoint such number of district auditors as he thinks necessary for the purpose of auditing accounts required to be audited in accordance with this Part of this Act and such other persons to assist them as he thinks necessary; and those persons shall, subject to any directions given by a district auditor, have the same functions as a district auditor and references in this Part of this Act to a district auditor shall be construed accordingly.

(2) There shall be paid to district auditors and other persons appointed under this section, out of moneys provided by Parliament, such remuneration and such expenses as the Secretary of State may determine with the approval of the Minister for the Civil Service.

157. In auditing any accounts required to be audited in accordance with this Part of this Act, an auditor shall by examination of the accounts and otherwise satisfy himself that—

(a) the accounts are prepared in accordance with regulations made under section 166 below and comply with the requirements of all other enactments and instruments applicable to the accounts;
(b) proper accounting practices have been observed in the compilation of the accounts;

and the auditor shall be under a duty to consider whether, in the public interest, he should make a report on any matters arising out of or in connection with the accounts, in order that those matters may be considered by the body concerned or brought to the attention of the public.

158.—(1) An auditor shall have a right of access at all times to all such documents relating to the accounts of a body whose accounts are required to be audited in accordance with this Part of this Act as appear to hum to be necessary for the purpose of auditing the accounts in respect of which he is the auditor and shall be entitled to require from any officer of that body and any other person holding or accountable for any such document such information and explanation as he thinks necessary for that purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or person to attend before him in person and produce any such documents.

(2) Without prejudice to subsection (1) above, every body whose accounts are required to be audited in accordance with this Part of this Act shall provide the auditor with every facility and all information which he may reasonably require for the purposes of the audit.

(3) Any person who wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) above shall be liable on summary conviction to a fine not exceeding 100 and to an additional fine not exceeding 20 for each day on which the offence continues after conviction thereof.

(4) Any expenses incurred by an auditor in connection with proceedings in respect of an offence under subsection (3) above alleged to have been committed in relation to the accounts of any body shall, so far as not recovered from any other source, be recoverable from that body.

(5) If an approved auditor discloses to any person any information obtained by him in the course of auditing any accounts under this Part of this Act he shall, unless the disclosure is made in the course of performing his functions under this Part of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding 400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

159.—(1) At each audit by an auditor under this Part of this Act any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.

(2) At the request of a local government elector for any area to which those accounts relate, the auditor shall give the elector, or any representative of his, an opportunity to question the auditor about the accounts.

(3) If the audit is conducted by a district auditor, any local government elector for any area to which those accounts relate, or any representative of his, may attend before the auditor and make objections to any of those accounts.

(4) If the audit is conducted by an approved auditor, any such local government elector as is referred to in subsection (3) above may make an application to the Secretary of State requesting him to direct a district auditor to hold an extraordinary audit of the accounts under section 165 below.

160.—(1) Not later than fourteen days after the conclusion of the audit of the accounts of a body whose accounts are required to be audited in accordance with this Part of this Act the auditor shall send any report of his on the audited accounts under section 157 above to the body or, in the case of a parish meeting, to the chairman, and shall also send a copy of the report to the Secretary of State, and the body shall take the report into consideration as soon as practicable after they have received it.

(2) The agenda supplied to the members of a body for the meeting of the body at which they take into consideration a report of an auditor sent to them under subsection (1) above shall be accompanied by that report, and the report shall not be excluded from the matter supplied for the benefit of any newspaper under section 1(4)(b) of the Public Bodies (Admission to Meetings) Act 1960 (supply of agenda of meetings and related documents to newspapers).

161.—(1) Where the audit of any accounts under this Part of this Act is carried out by a district auditor and it appears to him that any item of account is contrary to law he may apply to the court for a declaration that the item is contrary to law except where it is sanctioned by the Secretary of State.

(2) On an application under subsection (1) above the court may make or refuse to make the declaration asked for, and where the court makes that declaration then, subject to subsection (3) below, it may also—

(a) order that any person responsible for incurring or authorising any expenditure declared unlawful shall repay it in whole or in part to the body in question and, where two or more persons are found to be responsible, that they shall be jointly and severally liable to repay it as aforesaid; and
(b) if any such expenditure exceeds 2,000 and the person responsible for incurring or authorising it is a member of a local authority, order him to be disqualified for being a member of a local authority for a specified period; and
(c) order rectification of the accounts.

(3) The court shall not make an order under subsection (2)(a) or (b) above if the court is satisfied that the person responsible for incurring or authorising any such expenditure acted reasonably or in the belief that the expenditure was authorised by law, and in any other case shall have regard to all the circumstances, including that person's means and ability to repay that expenditure or any part of it.

(4) Where the audit of any accounts under this Part of this Act is conducted by a district auditor and it appears to him—

(a) that any person has failed to bring into account any sum which should have been so included and that the failure has not been sanctioned by the Secretary of State, or
(b) that a loss has been incurred or deficiency caused by the wilful misconduct of any person,

he shall certify that the sum or, as the case may be, the amount of the loss or deficiency is due from that person and, subject to subsections (6) and (8) below, both he and the body in question or, in the case of a parish meeting, the chairman of the meeting, may recover that sum or amount for the benefit of that body; and if a district auditor certifies under this subsection that any sum or amount is due from two or more persons, they shall be jointly and severally liable for that sum or amount.

(5) Any person who—

(a) has made an objection under section 159(3) above and is aggrieved by a decision of a district auditor not to apply for a declaration under subsection (1) above or not to certify under subsection (4) above that a sum or amount is due from another person, or
(b) is aggrieved by a decision of a district auditor to certify under subsection (4) above that a sum or amount is due from him,

may, not later than six weeks after he has been notified of the decision, require the district auditor to state in writing the reasons for his decision.

(6) Any such person who is aggrieved by any such decision may appeal against the decision to the court, and—

(a) in the case of a decision not to apply for a declaration, the court shall have the like powers in relation to the item of account to which the objection relates as if the auditor had applied for the declaration;
(b) in the case of a decision to certify that any sum or amount is due from any person, the court may confirm, vary or quash the decision and give any certificate which the auditor could have given;
(c) in the case of a decision not to certify that any sum or amount is due from any person, the court may confirm the decision or quash it and give any certificate which the auditor could have given;

and any certificate given under paragraph (b) or (c) above shall be treated for the purposes of subsection (4) above and the following provisions of this section as if it had been given by the auditor under subsection (4) above.

(7) If a certificate under this section relates to a loss or deficiency caused by the wilful misconduct of any person who is a member of a local authority and the amount certified to be due from him exceeds 2,000, that person shall be disqualified for being a member of a local authority for the period of five years beginning on the ordinary date on which the period allowed for bringing an appeal against the decision to give the certificate expires, or, if such an appeal is brought, the date on which the appeal is finally disposed of or abandoned or fails for non-prosecution.

(8) A sum or other amount certified under this section to be due to a local authority or any other body shall be payable within fourteen days after the date of the issue of the certificate or, if an appeal is brought, within fourteen days after the appeal is finally disposed of or abandoned or fails for non-prosecution.

(9) In any proceedings for the recovery of any sum or amount due from any person under this section, a certificate signed by a district auditor stating that that sum or amount is due from a person specified in the certificate to a body so specified shall be conclusive evidence of that fact, and a certificate signed by the officer or person whose duty it is to keep the accounts of that body that that sum or amount has not been paid to the body shall be conclusive evidence that it has not been so paid, unless it is proved that it was paid since the date of the certificate.

(10) Any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

(11) On an application under subsection (1) above or an appeal under subsection (6) above relating to the accounts of a body, the court may make such order as the court thinks fit for the payment by that body of expenses incurred in connection with the application or appeal by the district auditor or the person to whom the application or appeal relates or by whom the appeal is brought, as the case may be.

(12) Any expenses incurred by a district auditor in recovering a sum or other amount certified under this section to be due in connection with the accounts of a body shall, so far as not recovered from any other source, be recoverable from that body unless the court otherwise directs.

(13) The court having jurisdiction for the purposes of this section shall be the High Court except that, if the amount of the item of account alleged to be contrary to law, or the sum or amount alleged to be due, does not exceed the amount over which county courts have jurisdiction in actions founded on contract, the county court shall have concurrent jurisdiction with the High Court.

(14) In this section 'local authority' includes the Common Council.

162. Where the audit of accounts under this Part of this Act is conducted by an approved auditor and it appears to him that there is reasonable ground for believing—

(a) that any item of account is contrary to law, or
(b) that any person has failed to bring into account any sum which should have been so included, or
(c) that a loss has been incurred or deficiency caused by the wilful misconduct of any person,

he shall forthwith report the matter to the Secretary of State in order that the Secretary of State may consider whether he should direct a district auditor to hold an extraordinary audit of the accounts under section 165 below.

163.—(1) The Secretary of State shall prescribe recommended fees in respect of the audit of any accounts which are required to be audited in accordance with this Part of this Act, and, in respect of any particular audit, the Secretary of State may, after consulting the auditor appointed to carry out the audit and the body whose accounts are to be audited, fix a fee higher or lower than the recommended fee applicable to that audit.

(2) A body whose accounts are audited in accordance with this Part of this Act shall pay—

(a) to the Secretary of State, if the audit is carried out by the district auditor, and
(b) to the auditor concerned, if the audit is carried out by an approved auditor,

the fee, if any, fixed for the audit under subsection (1) above, or if no fee is so fixed, either the recommended fee applicable to the audit or such higher fee as appears to the body to be appropriate in the circumstances.

(3) Before prescribing recommended fees under this section the Secretary of State shall consult with such bodies representative of local authorities as appear to him to be concerned.

164.—(1) Where any accounts of a body are required to be audited in accordance with this Part of this Act and a person, other than the district auditor, is appointed to carry out the audit, his appointment shall be of no effect for the purposes of this Part of this Act unless particulars of the appointment are sent to the Secretary of State and the appointment is approved by him under this section; and in this Part of this Act 'approved auditor' means an auditor who is qualified under subsection (2) below and whose appointment is so approved by the Secretary of State.

(2) A person is qualified for the purposes of subsection (1) above if, and only if, he is a member, or a firm all the persons wherein are members, of one or more of the following bodies, that is to say—

the Institute of Chartered Accountants in England and Wales;

the Institute of Chartered Accountants of Scotland;

the Association of Certified Accountants;

the Institute of Municipal Treasurers and Accountants;

the Institute of Chartered Accountants in Ireland;

any other body of accountants established in the United Kingdom for the time being approved by the Secretary of State.

(3) The Secretary of State shall not withhold his approval of the appointment of any person as auditor of any accounts under this Part of this Act unless he is not satisfied—

(a) that the person concerned has the experience, staff and facilities necessary for carrying out an efficient audit of those accounts, or
(b) that the terms of his appointment are appropriate to the appointment of an auditor to audit those accounts.

(4) Where particulars of an appointment have been sent to the Secretary of State under subsection (1) above, he shall, after considering the matters referred to in paragraphs (a) and (b) of subsection (3) above, give notice in writing to the body which made the appointment stating whether or not he approves the appointment; and in any case where the Secretary of State notifies a body that he does not approve an appointment made by them the body shall—

(a) proceed to make a new appointment, or
(b) resolve that the accounts concerned shall be audited by a district auditor, or
(c) if the body is a principal council or the Common Council, resolve that certain of the accounts concerned shall be audited by an auditor appointed by the council and the rest of those accounts shall be audited by the district auditor,

and, within the period of six weeks beginning with the receipt by them of the notification, or such longer period as the Secretary of State may allow, particulars of the new appointment made under paragraph (a) above shall be sent to the Secretary of State under subsection (1) above or, as the case may require, a copy of the resolution under paragraph (b) or paragraph (c) above shall be sent to him together, in the case of a resolution

under paragraph (c) above, with the particulars (required to be sent to him under subsection (1) above) of the appointment made by virtue of the resolution.

(5) Subject to the following provisions of this section, the appointment of an approved auditor for any accounts shall continue to be effective for succeeding financial years unless a resolution determining that the accounts shall no longer be audited by him is passed and approved under section 154 above; and in any such case his appointment shall cease except with respect to the accounts of the financial year in which the resolution is passed and any preceding financial year in respect of which his appointment was effective.

(6) If at any time after the appointment of an auditor has been approved by the Secretary of State under this section the Secretary of State ceases to be satisfied with respect to any of the matters specified in paragraphs (a) and (b) of subsection (3) above, the Secretary of State may,—

(a) after giving not less than one month's notice in writing to the approved auditor and to the body who appointed him informing them that the Secretary of State is considering the revocation of his approval, and
(b) after considering any representations made to him by the auditor or that body,

give notice in writing to the auditor and the body who appointed him that the approval of the auditor's appointment is withdrawn; and on the receipt of such a notice by the body concerned the auditor's appointment shall terminate.

(7) For the purpose of assisting the Secretary of State in considering whether he should approve a person's appointment as auditor under subsection (3) above or whether he should exercise his power under subsection (6) above to withdraw his approval of an auditor's appointment, the body to all or any of whose accounts the appointment relates shall, if requested to do so by him, make available for inspection on behalf of the Secretary of State the accounts concerned and such other documents relating to them as might reasonably be required by an auditor for the purpose of auditing the accounts.

(8) The provisions of subsection (9) below shall apply if any of the following events occurs, namely—

(a) an approved auditor dies or ceases to be qualified under subsection (2) above, or
(b) the appointment of an approved auditor is terminated by agreement between himself and the body who appointed him, but otherwise than as mentioned in section 154(9) above), or by virtue of a notification by the Secretary of State of the withdrawal of his approval under subsection (6) above.

(9) If any of the events specified in subsection (8) above occurs, the body which appointed the auditor shall—

(a) proceed to make a new appointment, or
(b) resolve that the accounts concerned shall be audited by the district auditor, or
(c) if the body is a principal council or the Common Council, resolve that certain of the accounts concerned shall be audited by an auditor appointed by the council and the rest of those accounts shall be audited by the district auditor,

and, within the period of six weeks beginning with the event in question or such longer period as the Secretary of State may allow, particulars of the new appointment made under paragraph (a) above shall be sent to the Secretary of State under subsection (1) above or, as the case may require, a copy of the resolution under paragraph (b) or paragraph (c) above shall be sent to him together, in the case of a resolution under paragraph (c) above, with the particulars (required to be sent to him under subsection (1) above) of the appointment made by virtue of the resolution.

(10) Without prejudice to subsection (5) above, the appointment of an approved auditor under subsection (9) above or a resolution under that subsection providing for the district auditor to audit any accounts shall have effect with respect to the accounts for the financial year in which the appointment is made or, as the case may be, the resolution is passed, and for subsequent financial years and also for any preceding financial year in respect of which the approved auditor referred to in paragraph (a) or paragraph (b) of subsection (8) above did not complete the audit of the accounts concerned.

165.—(1) The Secretary of State may—

(a) on the application of a local government elector for the area of any body whose accounts are required to be audited in accordance with this Part of this Act, or on the application of any such body, or
(b) if it appears to him from an auditor's report under section 157 or section 162 above, or for any other reason, that it is desirable to do so,

direct a district auditor to hold an extraordinary audit of the accounts of that body.

(2) The provisions of section 157 to 161 above, except subsections (1), (2) and (4) of section 159, shall apply to an extraordinary audit under this section as they apply to an ordinary audit under this Part of this Act.

(3) An extraordinary audit under this section may be held after three clear days' notice in writing given to the body whose accounts are to be audited, or, in the case of the accounts of a parish meeting, to the chairman of the meeting.

(4) The expenditure incurred in holding an extraordinary audit of the accounts of any body shall be defrayed in the first instance by the Secretary of State, but he may, if he thinks fit, recover the whole or any proportion of that expenditure from that body.

166.—(1) The Secretary of State may make regulations with respect to the publication of information relating to and the form, preparation, keeping and certification of accounts which are subject to audit under this Part of this Act (including extraordinary audit under section 165 above) and any such regulations may include provision with respect to—

(a) any procedure to be complied with in connection with any such audit;
(b) the deposit of such accounts of any body at the offices of the body or any other place and the publication of information with respect to them;
(c) the exercise of any rights of inspection or objection conferred by this Act in relation to the accounts of any body and any auditor's report thereon, and the steps to be taken for informing local government electors for the area of that body of those rights;
(d) the provision by bodies whose accounts are being audited of information for the purpose of determining the fee payable for the audit;
(e) the making of an abstract of the accounts as audited.

(2) If any person wilfully contravenes any provision of regulations under this section, the contravention of which is declared by the regulations to be an offence, he shall be liable on summary conviction in the case of a first offence to a fine not exceeding 20 and in the case of a second or subsequent offence to a fine not exceeding 50.

(3) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any expenses incurred by an auditor in connection with proceedings in respect of an offence under subsection (2) above alleged to have been committed in relation to the accounts of any body shall, so far as not recovered from any other source, be recoverable from that body.

167. Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of the officer shall be audited by the auditor of the accounts of that body and sections 154 to 166 above shall with all necessary modifications apply accordingly to the accounts and the audit.

Miscellaneous provisions as to finance and rating [edit]

168.—(1) Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,—

(a) of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting;
(b) in the case of any rating authority, of the amount levied by way of rates in the area and the amount paid to any other authority in pursuance of a precept.

(2) Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

(3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter.

(4) The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament.

(5) In this section 'local authority', 'levied' and 'rate' have the same meanings as in the Local Loans Act 1875 .

169.—(1) As soon as may be after the first election of councillors for a new principal area, each existing rating authority whose area or part of whose area falls within that new principal area shall, in accordance with arrangements made by the Secretary of State by regulations, cause the appropriate contribution to be paid into the county fund where the new principal area is a county and into the general rate fund where the new principal area is a district.

(2) In subsection (1) above 'the appropriate contribution', in relation to an existing rating area or any part of such an area, means an amount equal to one quarter or such other fraction as the Secretary of State may by order prescribe of the product of a rate of 1p in the pound levied in that rating area, or, as the case may be, that part, for the year 1973-74, being—

(a) in the case of the area of an existing county borough, that product as ascertained for the purposes of Part II of Schedule 1 to the Local Government Act 1966 ;
(b) in a case where that product has been estimated by the rating authority for the purposes of section 12(2) of the General Rate Act 1967 (precepts by county councils, etc.), that product as so estimated;
(c) in any other case, that product estimated by the rating authority in the same way as it would fall to be estimated for the purposes of the said section 12(2).

(3) A statutory instrument containing an order under subsection (2) above—

(a) may apply to all existing rating areas or may make different provision in relation to existing rating areas of different descriptions; and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The council of a new area may borrow for the purpose of meeting any expenditure incurred by them before 1st April 1974 and the council of a new district in Wales may borrow for the purpose of lending to the council of a community in the district to enable the latter to meet any expenditure so incurred.

(5) With a view to providing sums which may be transferred by an order under section 254 below to one or more new local authorities any existing authority for an area outside Greater London may include in any rates made or precepts issued by them in respect of the last rate period before 1st April 1974 provision to meet contingencies or defray any expenditure which, if this Act had not been passed, would have fallen to be defrayed by the existing authority on or after that date and before the date on which the moneys to be received in respect of the next subsequent rate or precept would have become available.

170.—(1) Subject to and in accordance with the following provisions of this section, the council of a metropolitan county with the agreement of the council of every district in the county may make as respects the whole or any part or parts of the county a scheme or schemes for the purpose of reducing disparities in the rates levied in different rating areas of the county.

(2) Any such scheme shall take the form of provision for the making, in the financial year immediately following that in which it is made, of contributions by rating authorities in the county to other such authorities,—

(a) either directly or through the county council, or
(b) by means of adjustments by the county council in the amounts for which they precept on each of those rating authorities, or
(c) by a reallocation between those rating authorities of the amounts payable to them in respect of the needs element of rate support grant,

or by a combination of any two or more of those methods.

(3) At any time before the beginning of the financial year for which it is to have effect, a scheme under this section may be varied by a subsequent scheme under this section.

(4) In Part II of Schedule 1 to the Local Government Act 1966 (the resources element in rate support grants) in paragraph 6 (certain provisions to be discounted in calculating total expenditure of certain local authorities)—

(a) after the words 'in Greater London' there shall be inserted the words 'or a metropolitan county', and
(b) after the word '1963' there shall be inserted the words 'and section 170 of the Local Government Act 1972' and for the word 'provides' there shall be substituted the word 'provide'.

171.—(1) The rate of interest fixed by subsection (2) below shall be substituted for the rate or, as the case may be, the maximum rate of interest determined by or under the following enactments (which relate among other things to the interest payable to local authorities on certain sums due to them), that is to say—

the proviso to section 291(3) of the Public Health Act 1936 ;

section 10(2) of the Coast Protection Act 1949 ;

section 10(6) of the Housing Act 1957 ;

sections 181(5), 212 and 264(5) of the Highways Act 1959 ;

section 6(4) of the Housing Act 1969 ; and

section 23(5) of the Mines and Quarries (Tips) Act 1969 .

(2) The said rate shall be one-quarter per cent. above the relevant rate determined by the Treasury in relation to loans made for a period of fifteen years under section 3 of the National Loans Act 1968 (local loans by the Loan Commissioners); and in this subsection the 'relevant rate' means the rate applying on whichever of the following dates, namely 1st April or 1st October, most closely precedes the date from which interest first becomes payable in relation to the sum in question, or, where more than one rate has been so determined, such one of those rates as the Treasury may from time to time direct either generally or with respect to any particular enactment.

(3) As soon as may be after giving a direction under subsection (2) above the Treasury shall cause it to be published in the London Gazette.

172. Part I of Schedule 13 to this Act shall have effect with respect to the powers of local authorities to borrow and lend money and with respect to their funds, and Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.

Allowances to members of local authorities and other bodies[edit]

173.—(1) Subject to subsection (6) below, any member of a local authority who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the local authority may determine.

(2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.

(3) The amount of any allowance determined by a local authority under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

(4) Subject to subsection (6) below, any member of a body to which this section applies who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.

(5) At any time before the expiry of the period of four weeks beginning with the day on which this section comes into force or the day on which he comes into office, whichever is the later, an alderman of a local authority may by notice in writing served on the proper officer of the authority elect to be treated for the purposes of this section as eligible for an attendance allowance instead of a financial loss allowance; and where an alderman has made such an election, then, during the period beginning on the day of the service of the notice and ending when he ceases to be an alderman, he shall be treated for the purposes of this section as though he were a councillor.

(6) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

174.—(1) Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

(2) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

(3) Without prejudice to subsection (2) above, a member of a body shall not be entitled to a payment under this section by way of subsistence allowance in respect of the performance of an approved duty except in respect of a duty performed at a distance of more than three miles from his usual place of residence.

175.—(1) The following bodies, that is to say—

(a) any local authority;
(b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature

of those payable under sections 173 and 174 above as they think fit, being payments of such reasonable amounts as they may determine in any particular case or class of case and not exceeding the amounts prescribed under section 173 above and, except in the case of a conference or meeting held outside the United Kingdom, specified under section 174 above for the corresponding allowances under those sections.

(2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3) In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

(4) In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

176.—(1) Subject to subsection (2) below, a local authority may—

(a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
(b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.

177.—(1) Sections 173 to 175 above shall apply to the following bodies—

(a) all local authorities;
(b) river authorities established under the Water Resources Act 1963 ;
(c) local valuation panels established by schemes for the time being in force for any area for the purposes of section 88 of the General Rate Act 1967 ;
(d) any joint committee of two or more local authorities, whether appointed or established under Part VI of this Act or any other enactment;
(e) any joint board, joint authority or other combined body, all the members of which are representatives of local authorities; and
(f) any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented.

(2) In sections 173, 174 and 176 above the expression 'approved duty', in relation to a member of a body, means any of the following duties, that is to say—

(a) attendance at a meeting of the body, or of any of its committees or sub-committees;
(b) the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees;
(c) where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not that other body falls within any of paragraphs (b) to (f) of subsection (1) above), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.

(3) For the purposes of sections 173 to 176 above a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4) Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above.

178.—(1) The Secretary of State may make regulations as to the manner in which sections 173 to 176 above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
(b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
(c) providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.

(2) A statutory instrument containing regulations under section 173 or 177 above or this section shall be subject to anulment in pursuance of a resolution of cither House of Parliament.

Part IX: Functions[edit]

General [edit]

179.—(1) Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—

(a) public general Acts passed before, or during the same session as, this Act; and
(b) instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;

and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

(2) In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.

(3) In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.

(4) In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—

(a) as respects England, as a reference to a parish or, as the case may be, its council or meeting; and
(b) as respects Wales, as a reference to a community or, as the case may be, its council, if any.

The environment[edit]

180.—(1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—

(a) for a district, be the district council;
(b) for a London borough, be the borough council;
(c) for the City, be the Common Council;
(d) for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;

but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.

(2) The Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.

(3) This section applies to the following enactments:—

(a) the Public Health Acts 1875 to 1925;
(b) the Alkali, &c. Works Regulation Act 1906 ;
(c) the Public Health Act 1936 , except so much of it as falls within section 181(1) or (2) below;
(d) section 8 of the Local Government (Miscellaneous Provisions) Act 1953 ;
(e) Part XIII of the Mines and Quarries Act 1954 ;
(f) the Clean Air Acts 1956 and 1968;
(g) section 1 of the Noise Abatement Act 1960 ;
(h) the Public Health Act 1961 , except so much of it as falls within section 181(2) below;
(i) Part III of the Health Services and Public Health Act 1968 ;
(j) the Public Health (Recurring Nuisances) Act 1969 ; and
(k) section 6 of the Chronically Sick and Disabled Persons Act 1970 .

(4) Expressions used in this section and Schedule 14 to this Act and in the Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.

181.—(1) For the purposes of the following enactments, that is to say—

(a) Part IV of the Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;
(b) the Rural Water Supplies and Sewerage Act 1944 , so far as relating to water;
(c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953;
(d) the Water Acts 1945 and 1948 and the Water Act 1958 ;

the local authority shall, for any district, be the district council, and for any London borough, be the borough council.

(2) For the purposes of the following enactments, that is to say—

(a) sections 14 to 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;
(b) the Public Health (Drainage of Trade Premises) Act 1937 ;
(c) the Rural Water Supplies and Sewerage Act 1944 , so far as relating to sewerage and the disposal of sewage;
(d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953 ;
(e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961 ;

the local authority shall for any area outside Greater London be the district council.

(3) Where it appears to the Secretary of State to be expedient for the purposes of securing greater efficiency in the discharge of all or any of the sewerage functions of local authorities within two or more districts outside the sewerage area of the Greater London Council that a joint board should be set up for the discharge of all or any of those functions, but no application is made under section 6 of the Public Health Act 1936 , the Secretary of State may make an order constituting a united district consisting of the whole or any parts of those districts and constituting a joint board to discharge those functions consisting of representatives of the local authorities of those districts.

(4) The Secretary of State may make an order under subsection (3) above constituting a united district notwithstanding that there is a joint board discharging sewerage functions for part of that district.

(5) Without prejudice to section 254 below, an order under subsection (3) above may amend or revoke any order under section 6 or 9 of the Public Health Act 1936 or section 26 of or Schedule 6 to the Local Government Act 1958 , so far as it relates to a joint board having sewerage functions or the district or functions of such a board.

(6) A statutory instrument containing an order made under subsection (3) above before 1st April 1974 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Where the Secretary of State proposes to make an order under subsection (3) above on or after 1st April 1974 he shall give notice of the order to the local authority of every district which, or any part of which, is proposed to be included in a united district and to any joint board discharging sewerage functions for a united district which, or part of which, is proposed to be so included and if, within twenty-eight days after the notice has been so given, the authority give notice to the Secretary of State that they object to the proposal and the objection is not withdrawn, the order, including any provisions contained in it by virtue of section 254 below, shall be subject to special parliamentary procedure and section 254(9) below shall not apply to the order.

(8) It is hereby declared that section 7 of the Public Health Act 1936 applies to a joint board constituted under subsection (3) above as it applies to any other joint board.

(9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constituent members and may confer such functions—

(a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or
(b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.

(10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.

(11) In this section—

'sewerage functions' means functions under any of the enactments mentioned in subsection (2) above; and

'sewerage area of the Greater London Council' has the same meaning as in Part V of the 1963 Act.

182.—(1) For section 1(1) and (2) of the Town and Country Planning Act 1971 (local planning authorities for England, elsewhere than Greater London and the Isles of Scilly, and for Wales) there shall be substituted the following subsections—

'(1) Subject to the provisions of this section, the council of a county is the county planning authority for the county, and the council of a district is the district planning authority for the district.

(2) If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order constitute those areas or parts as a united district for the purposes of this Act, and constitute a joint board (in this Act referred to as a 'joint planning board') as the county planning authority or the district planning authority, as the case may be, for that united district:

Provided that the Secretary of State shall not make such an order except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

(2A) References in this Act to a local planning authority shall, except as respects Greater London and the National Parks, be construed as references to a county planning authority and a district planning authority, and the foregoing provision shall have effect subject to section 183 of and Part I of Schedule 16 to the Local Government Act 1972.'

(2) In England (exclusive of Greater London and the Isles of Scilly) and in Wales all functions conferred on local planning authorities by or under the Town and Country Planning Act 1971 shall, subject to subsection (4) and section 183 below and to Part I of Schedule 16 to this Act, be exercisable both by county planning authorities and by district planning authorities.

(3) In that Schedule—

(a) Part I shall have effect with respect to the exercise by such authorities of functions under that Act and for making minor amendments and modifications of that Act;
(b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and
(c) Part III shall have effect with respect to arrangements for obtaining advice in connection with certain of those functions.

(4) As respects an area in a National Park all functions conferred by or under the Town and Country Planning Act 1971 on a local planning authority or district planning authority shall, subject to the provisions of subsections (5) and (6) below, be functions of the county planning authority and no other authority, and references in that Act, in its application to a National Park, to a local planning authority or district planning authority shall be construed accordingly.

(5) The functions conferred on a local planning authority by the following provisions of that Act, that is to say, sections 60, 61, 62 and 103 (tree preservation and replacement), and section 65 (waste land) shall, as respects any part of a National Park, be exercisable concurrently with the county planning authority by the district planning authority whose area includes that part of the Park.

(6) Where an order is made under section 7 of the National Parks and Access to the Countryside Act 1949 designating, or extending the area of, a National Park, the functions exercisable by a local planning authority immediately before the coming into force of the order for any area which under the order becomes part of the Park shall continue to be exercisable by that authority as respects that area unless and until a joint planning board is constituted under section 1 of the Town and Country Planning Act 1971 or a National Park Committee is appointed under Part I of Schedule 17 to this Act for an area co-terminous with or including that area or, as the case may be, is authorised to exercise those functions.

183.—(1) The functions of a local planning authority under sections 6 to 10 of the Town and Country Planning Act 1971 (surveys and structure plans) shall be exercisable by the county planning authority and references in those sections to a local planning authority shall be construed accordingly.

(2) Immediately before section 11 of that Act there shall be inserted the following section—

10C.—(1) The functions of a local planning authority of preparing local plans under section 11 of this Act shall, subject to the following provisions of this section, be exercisable by the district planning authority.

(2) Subject to regulations under this section, it shall be the duty of the county planning authority in consultation with the district planning authorities to make, and thereafter to keep under review and amend, if they think fit, a scheme (to be known as a development plan scheme) for the preparation of local plans for those areas in the county in which sections 11 to 15 of this Act are in force, except any part of the county included in a National Park, and—

(a) the scheme shall designate the local planning authority or authorities (whether county or district) by whom local plans are to be prepared for any such area and provide for the exercise of all functions of a local planning authority under those sections in relation to any such plan exclusively by the authority designated in relation to that plan; and
(b) references in those sections to a local planning authority shall be construed accordingly.

(3) A development plan scheme may include such incidental, consequential, transitional or supplementary provision as may appear to the county planning authority to be necessary or proper for the purposes or in consequence of the provisions of the scheme and for giving full effect thereto, and, without prejudice to the foregoing provision, shall—

(a) specify the title and nature of each local plan for the area in question and the part or parts of the area to which it is to apply and give an indication of its scope;
(b) set out a programme for the preparation of the several local plans for that area; and
(c) where appropriate indicate the relationship between the several local plans for that area, specifying those which should be prepared concurrently with the structure plan for that area.

(4) As soon as practicable after making or amending a development plan scheme the county planning authority shall send a copy of the scheme or the scheme as amended, as the case may be, to the Secretary of State.

(5) A structure plan prepared by a county planning authority may provide, to the extent that provision to the contrary is not made by a development plan scheme, for the preparation of local plans exclusively by the county planning authority and, where it so provides, shall also provide for the exercise exclusively by that authority of all other functions of a local planning authority under sections 11 to 15 of this Act, and any provision included in a structure plan by virtue of this subsection shall be treated for the purposes of the other provisions of this section as if it were contained in a development plan scheme.

(6) The Secretary of State may direct a county planning authority after consultation with the district planning authorities—

(a) to prepare a development plan scheme before a date specified in the direction; and
(b) where it appears to the Secretary of State that any such scheme should be amended, to amend it in terms so specified before a date so specified.

(7) Where a district planning authority make representations to the Secretary of State that they are dissatisfied with the proposals of the county planning authority for a development plan scheme, or a county planning authority fail to comply with a direction under subsection (6) of this section to make or amend such a scheme, the Secretary of State may himself make or, as the case may be, amend the scheme; and any scheme or amendment so made shall have effect as if made by the county planning authority.

(8) The Secretary of State may make regulations—

(a) providing for the content of such schemes;
(b) requiring or authorising county planning authorities to take prescribed procedural steps in connection with the preparation of such schemes.'

(3) A county planning authority may exercise their power under section 10C of the Town and Country Planning Act 1971 of making a development plan scheme before 1st April 1974 and shall do so if so directed by the Secretary of State under subsection (6) of that section, and accordingly he may before that date exercise his power of giving directions under subsection (6), and of making regulations under subsection (8), of that section, but any scheme made before that date by virtue of this subsection shall not come into operation until that date.

184.—(1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall, as respects England elsewhere than Greater London and the Isles of Scilly and as respects Wales, be exercisable in accordance with the following provisions of this section.

(2) The following of the said functions, that is to say those conferred by—

(a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and
(b) sections 12(5), 13 and 14 of the said Act of 1968;

shall, subject to subsection (3) below and Schedule 17 to this Act, be functions of the county planning authority.

(3) The functions of a local planning authority under sections 9 and 11 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.

(4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, subject to Schedule 17 of this Act, be exercisable both by county planning authorities and district planning authorities.

(5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.

(6) Part I of Schedule 17 to this Act shall have effect instead of section 8 of the said Act of 1949 (which, as amended by Schedule 4 to the said Act of 1968, provides for the administration of local authorities' planning and countryside functions in National Parks).

(7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.

(8) In that Schedule 'the 1949 Act' and 'the 1968 Act' mean the said Acts of 1949 and 1968 respectively.

185.—(1) In the Town Development Act 1952 (in this section referred to as 'the principal Act') in section 1(1) (which defines the term 'town development' as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word 'elsewhere' there shall be substituted the words 'outside the county comprising the district or districts in which the development is carried out'.

(2) The council of a county shall have the same powers as the council of a district under the following provisions of the principal Act—

(a) section 4 (contributions to council of receiving district);
(b) section 8 (participation by agreement in provision of accommodation, etc.); and
(c) section 10(3) (contributions to expenses of authority participating in development).

(3) So much of sections 5 (exercise of a local authority's power for the benefit of other areas) and 10(3) (contributions to participating authority's expenses) of the principal Act as requires the prior authority or approval of the Secretary of State to action by a local authority shall cease to have effect and section 12 of that Act (establishment of joint bodies by the Secretary of State and participation by them) shall also cease to have effect.

(4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—

(a) amendments consequential on this Part of this Act, and
(b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).

(5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.

186.—(1) The Road Traffic Act 1972 shall have effect subject to the amendments specified in Part I of Schedule 19 to this Act and the Road Traffic Regulation Act 1967 shall have effect subject to the amendments specified in Part II of that Schedule, being—

(a) amendments conferring on the councils of counties, and in certain cases also on the councils of districts, functions previously exercised outside Greater London by the councils of county boroughs (together with other local authorities),
(b) amendments extending the powers of parish and community councils in relation to parking places so as to empower them to provide, maintain, and regulate the use of off-street parking places for all classes of vehicles, as well as parking places for bicycles and motor cycles, and
(c) minor amendments and other amendments consequential on the establishment of new local authorities by or under this Act and on the provisions of this Act relating to highways.

(2) For the purposes of the provisions of Part III of the Civic Amenities Act 1967 relating to the disposal of abandoned vehicles, the functions of a local authority shall be exercisable in Wales by district councils and in England, outside Greater London,—

(a) so far as those functions relate to the removal of vehicles, by district councils, and
(b) so far as they relate to the disposal of vehicles, by county councils;

and accordingly the said Part III shall have effect subject to the amendments in Part III of Schedule 19 to this Act.

(3) In section 149 of the Road Traffic Act 1960 (power of Secretary of State, on application of certain local authorities and other persons, to modify restrictions on use of roads by public service vehicles) for the words 'county borough or county district', in each place where they occur, there shall be substituted the words 'county or district'.

(4) In section 2(5) of the Vehicle and Driving Licences Act 1969 (certain local authorities enabled to exercise, on behalf of the Secretary of State, functions transferred to him under that Act) after the word 'authority', in the first two places where it occurs, there shall be inserted the words 'or district council'.

(5) In the Public Service Vehicles (Travel Concessions) Act 1955—

(a) in section 1(5) (transfer from general rate fund to credit of transport undertaking of sums representing cost of concessions), and
(b) in section 3, in the definition of 'local authority',

for the words 'county borough or county district', in each place where they occur, there shall be substituted the word 'district'.

(6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—

(a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and
(b) may, if they think fit, determine that any such charges shall no longer be made;

and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.

(7) In subsection (6) above, 'local authority' includes any existing county borough or county district council and the Common Council.

187.—(1) For the purposes of the Highways Acts 1959 to 1971 the local highway authority for highways outside Greater London shall be the county council.

(2) Without prejudice to subsection (1) above, but subject to the provisions of Part I of Schedule 20 to this Act, in relation to the following highways, so far as within their district, namely, footpaths, bridleways and urban roads which are neither trunk roads nor classified roads, a district council—

(a) shall have power to undertake the maintenance of highways maintainable at the public expense, and
(b) shall have the like powers, in relation to highways not so maintainable, as a parish council under section 53 of the Highways Act 1959 (maintenance of privately maintainable footpaths and bridleways) and as a street works authority under section 47 of the Public Health Act 1961 (urgent repairs to private streets).

(3) With respect to footpaths and bridleways within their area a district council shall have—

(a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and
(b) the like powers as a parish council under section 119(5A) (prosecution of offences relating to ploughing-up) of the Highways Act 1959.

(4) In the case of a highway which is for the time being maintained by a district council by virtue of subsection (2)(a) above, the county council who are the highway authority for the highway shall reimburse to the district council any expenses incurred by them in carrying out on the highway works of maintenance necessary to secure that the duty to maintain the highway (which, by section 44(1) of the Highways Act 1959, is imposed on the highway authority) is performed.

(5) The provisions of Part II of Schedule 20 to this Act shall have effect for the purposes of subsection (4) above.

(6) Where any functions have been delegated by the Secretary of State to a county council under subsection (1) of section 10 of the Highways Act 1959 (maintenance and improvement of trunk roads, etc.) or the Secretary of State has entered into an agreement with a county council under subsection (4) of that section (construction of trunk roads, etc.) the county council may, with the consent of the Secretary of State, enter into arrangements with the council of a district for the carrying out by the district council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements; but no such arrangements shall provide for a district council to carry out any functions with respect to a trunk road or other land outside their district except with the consent of the council of the district in which the road or other land is situated.

(7) The Secretary of State may by regulations empower district councils, in relation to highways in respect of which their powers of maintenance under subsection (2) above are exercisable, to exercise subject to such terms and conditions as may be specified in the regulations such additional powers as appear to him—

(a) to be appropriate to supplement powers of maintenance; and
(b) to correspond to powers exercisable in relation to highways by highway authorities;

and accordingly in this section (other than this subsection), in Schedule 20 to this Act and in any other enactment referring to the powers of district councils under subsection (2) above, the expressions 'maintenance' and 'maintain', where used with respect to the powers of district councils under subsection (2) above, shall be construed as extending to the carrying out of operations in the exercise of powers conferred on district councils by regulations under this subsection; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Subject to subsection (7) above expressions used in this section and in Schedule 20 to this Act have the same meanings as in the Highways Act 1959 , and for the purposes of subsection (2) above and of that Schedule 'urban roads' means roads which—

(a) are restricted roads for the purposes of section 71 of the Road Traffic Regulation Act 1967 (30 m.p.h. speed limit), or
(b) are subject to an order under section 74 of that Act imposing a speed limit not exceeding 40 m.p.h., or
(c) are otherwise streets in an urban area.

188.—(1) Sections 74 and 75 of the Highways Act 1959 (control by existing local authorities, other than certain rural district councils, of rebuilding and construction of buildings by reference to building lines) shall cease to have effect.

(2) The duty of protecting the rights of the public to the use and enjoyment of highways (which, under section 116 of the Highways Act 1959, lies with the councils of existing county districts) shall vest in the highway authority.

(3) The power of the council of a county, borough or urban district to make byelaws under section 133 of the Highways Act 1959 (prohibition of gates opening outwards on highways) and any byelaws in force immediately before 1st April 1974 under that section or (in a county borough or rural district) under section 26(4) of the Highways and Locomotives (Amendment) Act 1878 shall cease to have effect.

(4) Outside Greater London, the functions of existing local authorities under Part VIII of the Highways Act 1959 (new streets) shall be exercisable by county councils.

(5) Outside Greater London the county council shall be the street works authority for the purposes of Part IX of the Highways Act 1959, and there shall cease to have effect—

(a) sections 189 to 191 of that Act (the Code of 1875); and
(b) any provision contained in a local Act and regulating the procedure relating to the execution of street works and payments in respect thereof.

(6) The power of a local highway authority to enter into any such agreement as is specified in subsection (1) of section 18 of the Highways Act 1971 (agreements for the provision of walkways) shall be exercisable only after consultation with the council of any district in which the land concerned is situated; and after consultation with the local highway authority the council of a district, either alone or jointly with the local highway authority, may also enter into any such agreement but, in relation to an agreement entered into by a district council,—

(a) unless the local highway authority are also a party to the agreement, subsections (2) (contents of the agreement) and (5) to (7) (byelaws regulating walkways) of that section shall have effect in relation to the agreement with the substitution of references to the district council for references to the local highway authority; and
(b) if the local highway authority are also a party to the agreement, the references in subsection (2) of that section to the local highway authority shall be construed as including references to the district council, and any byelaws made under subsection (5) of that section shall be made by the local highway authority after consultation with the district council, and in exercising his power of confirmation the Secretary of State shall have regard to any dispute between the authority and the district council.

(7) In consequence of the preceding provisions of this section and of section 187 above and of the establishment of new local authorities by or under this Act there shall have effect—

(a) the amendments of the Highways Act 1959 specified in Part I of Schedule 21 to this Act, and
(b) the amendments of the other enactments specified in Part II of that Schedule.

(8) Expressions used in this section have the same meanings as in the Highways Act 1959 .

189.—(1) Without prejudice to the making of any new agreement under section 2(2) of the Commons Registration Act 1965 (agreement for one local authority to be registration authority for land which spans the boundaries of two or more authorities) any agreement under that section which is in force immediately before 1st April 1974 shall cease to have effect on that day.

(2) For subsection (5) of section 8 of the Commons Registration Act 1965 (council in which unclaimed land is to be vested) there shall be substituted the following subsections:—

'(5) Subject to subsection (6) of this section, the local authority in which any land is to be vested under this section is—

(a) if the land is in a parish or community where there is a parish or community council, that council, but, if the land is regulated by a scheme under the Commons Act 1899 , only if the powers of management under Part I of that Act are, in accordance with arrangements under Part VI of the Local Government Act 1972, being exercised by the parish or community council;
(b) if the land is in a London borough, the council of that borough; and
(c) in any other case, the council of the district in which the land is situated.

(6) Where—

(a) any land has been vested in a district council in accordance with subsection (5)(c) of this section, and
(b) after the land has been so vested a parish or community council comes into being for the parish or community in which the land is situated (whether by the establishment of a new council or by adding that parish or community to a group of parishes or communities for which a council has already been established),

then, if the circumstances are such that, had the direction under subsection (3) of this section been given at a time after the parish or community council had come into being, the land would in accordance with subsection (5)(a) of this section have been vested in the parish or community council, the district council shall, if requested to do so by the parish or community council, direct the registration authority to register the parish or community council, in place of the district council, as the owner of the land; and the registration authority shall comply with any such direction.

(7) The council of any district, parish or community affected by any registration made in pursuance of subsection (6) above shall pay to the other of those councils so affected such sum, if any, as may be agreed between them to be appropriate to take account of any sums received or to be received, or any expenditure incurred or to be incurred, in respect of the land concerned, and, in default of agreement, the question of what sum, if any, is appropriate for that purpose shall be determined by arbitration.'

(3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—

(a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;
(b) with respect to a green or land in a community where there is a community council, as references to the community council;
(c) with respect to any other green or land, as references to the council of the district in which the green or land is situated;

and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district.

(4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words 'situated within' there shall be inserted the words 'an area which immediately before 1st April 1974 was'.

190.—(1) In section 6 of the Caravan Sites Act 1968 , in subsection (1) (duty of local authorities to provide sites for gipsies) the words 'county borough' shall be omitted and in subsection (2) of that section (modifications in relation to county boroughs and London boroughs), for the words 'county borough' in the first place where they occur, there shall be substituted the words 'metropolitan county' and after the words 'at a time' there shall be inserted the words 'in each district in the county or, as the case may be, in the London borough' and for the words from 'exempting' to the end of the subsection there shall be substituted the words 'exempting any such council from the duty imposed by that subsection with respect to any metropolitan district or London borough in the case of which he is satisfied, after such inquiries as appear to him to be appropriate, that suitable land within the district or borough is not available'.

(2) Nothing in section 6 of the Caravan Sites Act 1968 shall require the council of a county to provide accommodation for gipsies as mentioned in subsection (1) of that section in any area which, by virtue of directions given before 1st April 1974 under subsection (2) of that section, was, immediately before that date, exempt from the duty imposed by subsection (1) of that section; and any reference in subsection (2) of that section, as amended by subsection (1) above, to a metropolitan district shall be construed as a reference to such a district exclusive of any such area.

(3) In section 12 of the Caravan Sites Act 1968 (designation of areas in which unauthorised camping is prohibited) in subsection (1) the words 'a county borough' shall be omitted, and in relation to a county which includes an area which, before 1st April 1974, was designated under that subsection, the reference in that subsection to the area of the county shall be construed as a reference to the county exclusive of any such previously designated area.

(4) On an application made before 1st April 1974 by the council of an existing county or county borough, the Secretary of State may, by an order made under and in accordance with section 12 of the Caravan Sites Act 1968, designate as an area to which section 10 of that Act applies so much of a new county as comprises the whole or any part of the existing county or county borough.

191.—(1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as 'the 1841 Act') shall have effect subject to the following modifications.

(2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.

(3) The newspapers in which copies of an application under section 1 of the 1841 Act are to be inserted shall be those circulating in the area of the council to whose proper officer the application was sent.

(4) References, in whatever terms, in the 1841 Act—

(a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require, and
(b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require.

(5) Without prejudice to section 15 of the 1841 Act (which among other things extends the meaning of the word 'county' in that Act) references in that Act to a county include references to any local government area within the meaning of this Act.

Education, social and welfare services[edit]

192.—(1) The local education authority for each non-metropolitan county shall be the council of the county and the local education authority for each metropolitan district shall be the council of the district.

(2) No scheme of divisional administration shall be made under Part III of Schedule 1 to the Education Act 1944 and that Part of that Schedule shall cease to have effect.

(3) Section 52 of the Local Government Act 1958 shall cease to have effect on the passing of this Act.

(4) For the definition of 'minor authority' in section 114(1) of the Education Act 1944 there shall be substituted the following definition:—

' 'minor authority' means, in relation to a school maintained by a local education authority,—

(a) where the area which appears to the local education authority to be served by the school is a parish or community, the parish or community council or, in the case of a parish which has no council, the parish meeting;
(b) where the said area is a community having no community council or is an area in England which is not within a parish and is not situated in a metropolitan county, the council of the district for the area concerned;
(c) where the said area comprises two or more of the following, a parish, a community or an area in England which is not within a parish and is not situated in a metropolitan county—
(i) the parish or community council or councils, if any;
(ii) in the case of a parish which has no council, the parish meeting;
(iii) in the case of an area which is a community having no community council or which is in England and is not within a parish, the council of the district concerned;
acting jointly.'

(5) Subject to subsection (6) below any instrument made by an existing local education authority for an area outside Greater London in connection with the discharge of any of their functions, and any other thing done by or to or in relation to such an authority in connection therewith, shall be treated as having been made by, or done by or to or in relation to, the new local education authority to whom those functions are transferred by or by virtue of this Act, and any instrument relating to the exercise of those functions, or to things done in their exercise or property held or maintained for the purposes of those functions shall, so far as it so relates, have effect as if any reference to a specified existing local education authority for an area outside Greater London by whom those functions were exercisable or to the area of such an authority were a reference to the new local education authority to whom those functions are so transferred or to so much of the area of the new authority as includes the area of the existing authority, as the case may be.

(6) Subsection (5) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State.

193.—(1) Subject to the provisions of this and the next following section, the council of a district shall be the local authority with respect to the district for the purposes of the Housing Acts 1957 to 1971.

(2) Before the council of a district exercise outside the district any power under Part V of the Housing Act 1957 (provision of housing accommodation), the council shall give notice of their intention to do so to the council of the county in which the district is situated and also, if they propose to exercise the power outside that county, to the council of the county in which they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.

(3) The enactments relating to housing specified in Schedule 22 to this Act shall be amended in accordance with the provisions of that Schedule.

194.—(1) Without prejudice to the functions of district councils in relation to housing, the councils of counties shall have the reserve powers conferred on them by this section.

(2) If requested to do so by the council of a district, or by the councils of two or more districts, within the county, the council of a county may, with the consent of the Secretary of State, undertake on behalf of the district council or councils the provision of housing accommodation in any manner in which the district council or councils might do so.

(3) With the approval of the Secretary of State given on an application in that behalf made by the council of a county, the council may undertake the provision of housing accommodation in any manner in which the council of a district within the county might do so.

(4) The Secretary of State shall not give his consent under subsection (2) above or his approval under subsection (3) above except after consultation with those district councils who appear to him to be concerned, and any such consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to the transfer of the ownership and management of any housing accommodation provided by the county council to the council of the district in which the accommodation is situated and with respect to the recovery by the county council from district councils of expenditure incurred by the county council in providing accommodation.

(5) Before the council of a county, by virtue of subsection (2) or subsection (3) above, exercise outside the county any power under Part V of the Housing Act 1957 (provision of housing accommodation) the council shall give notice to the council of the county in which they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.

(6) The council of a county may undertake any activity for the purposes of or incidental to establishing the needs of the whole or any part of the county with respect to the provision of housing accommodation.

195.—(1) Outside Greater London, the local authorities for the purposes of the Local Authority Social Services Act 1970 (in this section referred to as 'the Act of 1970') shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words 'counties, county boroughs' there shall be substituted the words 'non-metropolitan counties, metropolitan districts'.

(2) In a non-metropolitan county each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.

(3) The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—

(a) proposals approved under section 20 of the National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and
(b) schemes approved under section 34 of the National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),

shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.

(4) Any delegation scheme under section 46 of the Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.

(5) Any scheme or regional plan made by a children's regional planning committee under the Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.

(6) The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—

(a) to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and
(b) to give effect to subsection (3) above, as it affects those authorities.

Miscellaneous functions[edit]

196.—(1) The Police Act 1964 shall be amended in accordance with the following provisions of this section.

(2) For section 2(6) of that Act there shall be substituted the following subsection:—

'(6) Section 102(5) of the Local Government Act 1972 shall apply to a committee appointed under this section as it applies to a committee appointed under that section.'

(3) In subsection (3) of section 8 of the said Act of 1964 (audit of accounts of police authorities) for the words from 'and the accounts' to the end of the subsection there shall be substituted the words 'shall be treated for the purposes of Part VIII of the Local Government Act 1972 as though it were included among the accounts of the council of that county, and the accounts of every combined police authority shall be audited in such manner as may be prescribed by the amalgamation scheme, and for that purpose an amalgamation scheme may apply, in relation to the accounts of the combined police authority, all or any of the provisions of the said Part VIII relating to accounts and audit, subject to such adaptations and modifications as may be prescribed by the amalgamation scheme.'

(4) Section 9 of the said Act of 1964 (acquisition of land for police purposes) shall be amended as follows:—

(a) in subsection (1), for the words from 'section 176' onwards there shall be substituted the words 'subsections (3) and (4) of section 120 of the Local Government Act 1972 shall apply to the acquisition of land under this subsection as they apply to the acquisition of land under that section';
(b) at the end of subsection (2) there shall be added the words 'and subsection (3) of section 121 of the Local Government Act 1972 shall apply in relation to a proposal to acquire any land in exercise of the power conferred by this subsection as it applies in relation to a proposal to acquire land in exercise of the power conferred by subsection (1) of that section'.

(5) For section 19(3) of the said Act of 1964 (powers of special constables outside their area) there shall be substituted the following subsection:—

'(3) Without prejudice to subsection (2) above, a special constable appointed for any police area shall have all the powers and privileges of a constable—

(a) in the case of a police area other than the City of London, in any other police area which is contiguous to his own police area;
(b) in the case of the City of London, in the metropolitan police district and in any area which is contiguous to that district.'

(6) For section 23(1) of the said Act of 1964 there shall be substituted the following subsections—

'(1) An amalgamation scheme may be approved or made under this Act—

(a) with respect to two or more counties established by the Local Government Act 1972;
(b) with respect to two or more counties proposed to be constituted, or the areas of which are proposed to be altered, by an order under Part IV of the Local Government Act 1972;

and subject to subsection (1A) below may be so approved or made before the relevant date.

(1A) A scheme under this section shall not come into force before the relevant date, except so far as it relates to the constitution of the combined police authority and to the performance by that authority of functions necessary for bringing the scheme into full operation on that date.

(1B) In subsections (1) and (1A) above 'the relevant date' means in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of the said subsection (1), 1st April 1974, and in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of that subsection, the date on which the order mentioned in that paragraph comes into force.'

(7) In relation to an amalgamation scheme under section 23(1)(a) of the said Act of 1964, section 23(2) of that Act (modifications of provisions of that Act in relation to amalgamation schemes) shall have effect as if in paragraph (c)(i) for the reference to the police authority for any county there were substituted references both to the police authority for any police area existing immediately before 1st April 1974 and wholly or partly to be included in the new county and references to the council of the new county.

(8) For section 23(3) of the said Act of 1964 there shall be substituted the following subsection:—

'(3) In the case of an amalgamation scheme to be approved or made by virtue of this section with respect to any county, any steps required by this Part of this Act to be taken before the amalgamation scheme is approved or made may be taken at any time after a report on a review affecting that county, together with any proposals formulated thereon, has been submitted to the Secretary of State under sections 51(1), 58(1) and 62(5) of the Local Government Act 1972, and the Secretary of State has notified the county councils concerned of the general nature of the order which he intends to make to give effect to those proposals.'

(9) Schedule 3 to the said Act of 1964 (procedure for compulsory amalgamation schemes) shall not apply to an amalgamation scheme made by the Secretary of State under section 21(2) of that Act before 1st April 1974.

197.—(1) The proviso to section 6(1) of the Fire Services Act 1947 (obligation of Secretary of State to obtain consent of county council to a combination scheme made by him where population of the county exceeds 100,000) shall cease to have effect.

(2) A combination scheme may be made under section 5 of the said Act of 1947 before 1st April 1974 with respect to two or more new counties, but except so far as it relates to the constitution of an authority as the fire authority for the combined area and to the performance by that authority of their functions under subsection (3) below or any functions necessary for bringing the scheme into full operation on that date, the scheme shall not come into force before that date.

(3) Not later than the 1st January 1974 every council of a new county or every new fire authority established for a combined area by any such scheme which will not come into full operation until 1st April 1974 shall prepare and submit to the Secretary of State for his approval an establishment scheme for a fire brigade for the county or combined area under section 19 of the said Act of 1947 to come into force on 1st April 1974, and the Secretary of State shall, not later than 15th March 1974, approve that scheme either as submitted or subject to such modifications as he may direct.

(4) In subsection (5) of section 8 of the Fire Services Act 1947 (audit of accounts of combined fire authorities) for the words from 'subject to audit' to the end of the subsection there shall be substituted the words 'audited in such manner as may be prescribed by the combination scheme, and for that purpose a combination scheme may apply, in relation to the accounts of the fire authority constituted by it, all or any of the provisions of Part VIII of the Local Government Act 1972 relating to accounts and audit, subject to such adaptations and modifications as may be prescribed by the scheme'.

(5) In section 10 of the Fire Services Act 1947 , as amended by Schedule 8 to the Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to 'combined authorities' there shall be substituted the words 'If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county', and for the words 'the new county or county borough' there shall be substituted the words 'the new or altered county'.

198.—(1) The provisions of this section shall have effect in place of the provisions of sections 83 and 84 of the Food and Drugs Act 1955 (food and drugs authorities for the purposes of that Act) and accordingly any reference in the following provisions of this section to a food and drugs authority is a reference to a food and drugs authority for the purposes of that Act.

(2) The food and drugs authority shall be—

(a) in England, for each county and London borough, the council of that county or borough, and for the City and the Temples, the Common Council;
(b) in Wales, for each district within a county for which the district council is not, by virtue of subsection (3) below, the food and drugs authority, the county council, and for any other district, the district council;

and accordingly, in the definition of 'food and drugs authority' in section 135(1) of the Food and Drugs Act 1955 and section 132(1) of the Medicines Act 1968 (which refers to the definition in the said Act of 1955) for the words from 'section' to the end of the definition there shall be substituted the words 'section 198 of the Local Government Act 1972'.

(3) The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may, at any time before 1st April 1974, make an order constituting the council of a district in Wales a food and drugs authority as from that date; and any such order may be revoked, at any time after that date, by a further order made under this subsection.

(4) A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution by either House of Parliament.

(5) In any case where, by virtue of an order under subsection (3) above, a district council in Wales cease to be a food and drugs authority, anything done before the date on which the order takes effect by, to or before the district council shall have effect for the purposes of the Food and Drugs Act 1955 as if done by, to or before the county council who on that date become the food and drugs authority for the district concerned; and any proceedings under that Act which on that date were pending by or against the district council as food and drugs authority may be continued accordingly by or against the county council.

199.—(1) In the Food and Drugs Act 1955 (in this section referred to as 'the Act of 1955') in section 23(1) (prevention of spread of disease by ice cream) for the words 'medical officer of health of' there shall be substituted the words 'local authority for'.

(2) In section 35(2)(b) of the Act of 1955 (authority responsible for granting certain licences in respect of milk) after the words 'county councils' there shall be inserted the words 'food and drugs authorities'.

(3) In section 49(1) of the Act of 1955 (establishment or acquisition of markets by local authorities) for the words from 'borough' to 'rural district' there shall be substituted the word 'district'.

(4) So much of sections 51 and 52 of the Act of 1955 and of any local Act applying to an area in England and Wales as confers functions on the Secretary of State with respect to the fixing of market days and hours or the determination of stallages, tolls and other charges for the purposes of markets shall cease to have effect; and accordingly, in subsection (2) of the said section 52, for the words from 'charges not exceeding' to the end of the subsection there shall be substituted the words 'such charges as the authority may from time to time determine'.

(5) In section 85 of the Act of 1955 (local authorities for the purposes of that Act) for paragraph (d) there shall be substituted the following paragraph:—

'(d) as respects any district or London borough, the council of the district or borough'.

(6) In section 86 of the Act of 1955 (meaning of 'authorised officer') subsections (2) and (3) and paragraphs (a) to (c) of subsection (4) shall cease to have effect.

(7) In section 89 of the Act of 1955, subsection (3) (approval of Minister of Agriculture, Fisheries and Food required for appointment, etc. of a public analyst) shall cease to have effect.

(8) For subsection (2) of section 109 of the Act of 1955 (local authorities empowered to institute certain proceedings) there shall be substituted the following subsection:—

'(2) Subject to the next following subsection, a food and drugs authority or a local authority may institute proceedings under any section of, or any regulations made under, this Act if, and only if, they are the authority charged with the execution and enforcement thereof, except that a local authority may institute proceedings under section 2 of this Act if the offence alleged relates to food which is alleged to contain some extraneous matter.'

(9) In Schedule 6 to the Act of 1955 (provisions to be enforced by particular authorities) at the end of paragraph (b) of the entries in the second column relating to food and drugs authorities there shall be inserted the words 'and regulations under section 33'; and both columns of the entry beginning 'Councils of counties' shall be omitted.

200.—(1) The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may make an order conferring on the council of a district in Wales, with respect to the district, the functions which, apart from the order, would be exercisable by the county council under sections 4 and 5 of the Agricultural Produce (Grading and Marking) Act 1928 (cold and chemical storage of eggs in registered premises).

(2) The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may make an order imposing on the council of a district in Wales, with respect to the district, the duty which, apart from the order, would be imposed on the county council by section 67 of the Agriculture Act 1970 (enforcement of provisions of that Act relating to fertilisers and feeding stuffs).

(3) The Minister of Agriculture, Fisheries and Food may make an order imposing on the council of a district in Wales, with respect to the district, the duty which, apart from the order, would be imposed on the county council by section 108(8) of the Medicines Act 1968 (enforcement of certain provisions made by or under that Act).

(4) If and so long as an order under subsection (1), subsection (2) or subsection (3) above confers any functions or imposes any duty on a district council in Wales, references in the enactment or enactments to which the order relates—

(a) to the county council shall be construed as including references to that district council, and
(b) to the area of the county (however expressed) shall be construed, in relation to the council of the county in which the district is situated, as references to the area of the county exclusive of that district.

(5) The power to make an order—

(a) under subsection (1) above conferring functions on a district council in Wales, or
(b) under subsection (2) or subsection (3) above imposing a duty on a district council in Wales.

shall cease to be exercisable on 1st April 1974, but an order made under any of those subsections may be revoked at any time after that date, by a further order made under the same subsection.

(6) A statutory instrument containing an order under subsection (1), subsection (2) or subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Notwithstanding anything in section 5 of the Agricultural Produce (Grading and Marking) Act 1928 , in respect of any period during which, by virtue of an order under subsection (1) above functions under sections 4 and 5 of that Act are conferred on the council of a district in Wales, any expenses incurred under that Act by the council of the county in which that district is situated shall be treated as special expenses chargeable only on the remainder of the county.

(8) In any case where, by virtue of an order under subsection (1), subsection (2) or subsection (3) above revoking a previous order under that subsection, functions conferred or a duty imposed by that previous order on a district council in Wales cease to be so conferred or imposed, anything done before the date on which the order takes effect by, to or before the district council shall have effect for the purposes of the enactment or enactments to which the order relates as if done by, to or before the county council by whom those functions become exercisable on that date or, as the case may be, on whom that duty is imposed on that date; and any proceedings under that enactment or those enactments which on that date were pending by or against the district council may be continued accordingly by or against the county council.

201.—(1) The provisions of subsections (2) to (4) below shall have effect in place of the provisions of section 34 and subsections (1) and (2) of section 35 of the Weights and Measures Act 1963 (local weights and measures authorities in England and Wales).

(2) The local weights and measures authority shall be—

(a) in England, for each county and London borough, the council of that county or borough, for the City and the Temples, the Common Council, and for the Isles of Scilly, the Council of the Isles of Scilly;
(b) in Wales, for each district within a county for which the district council are not, by virtue of subsection (3) below, the local weights and measures authority, the county council, and for any other district, the district council.

(3) The Secretary of State may, at any time before 1st April 1974, make an order designating the council of a district in Wales a local weights and measures authority as from that date; and any such order may be revoked, at any time after that date, by a further order made by the Secretary of State.

(4) A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Without prejudice to the powers of local authorities under Parts VI and VII of this Act, section 5 of the 1963 Act and the Local Authorities (Goods and Services) Act 1970 , section 37 of the Weights and Measures Act 1963 (power for local weights and measures authorities to combine) shall cease to apply to local authorities in England and Wales except with respect to any agreement under that section entered into before 1st April 1974 by any two or more local weights and measures authorities for areas within Greater London and, subject to subsection (6) below references in any enactment to section 37 of the Weights and Measures Act 1963 or to any agreement thereunder shall be construed accordingly.

(6) In section 40 of the Weights and Measures Act 1963 (expenses of authorities and compensation for officers)—

(a) in subsection (1) for the words from the beginning to 'section 37 of this Act' there shall be substituted the words 'In respect of any period during which a district council in Wales are the local weights and measures authority for their district', after the words 'Cran Measures Act 1908' there shall be inserted the words 'the Fabrics (Misdescription) Act 1913 or the Trade Descriptions Acts 1968 and 1972', and the words 'borough or', in each place where they subsequently occur, shall be omitted;
(b) subsection (2) (which, for England and Wales, is superseded by the provisions of Part XII of this Act) shall cease to have effect in England and Wales; and
(c) subsection (3) (which is spent) shall cease to have effect.

(7) Section 47 of the Weights and Measures Act 1963 (power of Secretary of State to make regulations with respect to the manner of performance of their functions by local weights and measures authorities and inspectors) shall cease to have effect with respect to authorities and inspectors in England and Wales.

(8) A local weights and measures authority may make, or assist in the making of, arrangements to provide advice to or for the benefit of consumers of goods and services within the area of the authority.

202.—(1) Each metropolitan county shall become a passenger transport area for the purposes of Part II of the Transport Act 1968 , and the Passenger Transport Authority for that area shall be the county council, and, subject to the following provisions of this section, the provisions of the said Part II, other than subsections (1), (2) and (4) of section 9 thereof, shall have effect in relation to the area of each metropolitan county as if the area had been designated by an order under that section and as if the Authority were established by the order.

(2) Subject to subsection (3) below, Part II of the Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—

(a) to assimilate in certain respects the provisions of the said Part II to those of Part II of the Transport (London) Act 1969 ;
(b) to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and
(c) to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.

(3) In any case where a passenger transport area is coterminous with the area of a county in England or Wales, whether by virtue of subsection (1) above or of an order under section 9 of the Transport Act 1968 Part II of that Act shall have effect subject to the modifications in Part II of Schedule 24 to this Act; and in section 16(1) of the Finance Act 1970 (exclusion of amounts precepted under section 13 of the Transport Act 1968 and certain grants in computing profits chargeable to corporation tax of a Passenger Transport Executive or the London Transport Executive) at the end of paragraph (a) there shall be added the words 'and, in any case where that section has effect as set out in Part II of Schedule 24 to the Local Government Act 1972, any grants made to such Executives under that section'.

(4) Subject to any provision made by virtue of subsection (5) below, in relation to each metropolitan county the Secretary of State shall by order made before 1st April 1974 make provision for the establishment of a Passenger Transport Executive, and such an order may make such other provision—

(a) as, by virtue of subsection (4) of section 9 of the Transport Act 1968, could be included in an order under subsection (1) of that section designating a county as a passenger transport area, and
(b) as, by virtue of any provision of section 17 of that Act (transfer to Executive of local authority transport undertakings), could be made by an order under subsection (1) of that section relating to a passenger transport area consisting of a county;

and in so far as such an order makes any such provision as is referred to in paragraph (b) above, the provisions of subsections

(3), (5) and (6) of the said section 17 (compensation for loss of employment and vesting of property, rights and liabilities) shall apply as they apply in relation to an order under subsection (1) of that section.

(5) The Secretary of State may by order make, in relation to each of the existing passenger transport areas, such transitional provisions as appear to him to be expedient in consequence of subsection (1) above, and any such order may, in particular,—

(a) provide that the Passenger Transport Executive for an existing passenger transport area shall become the Executive for the relevant metropolitan county;
(b) modify any provision of Part II of the Transport Act 1968 and of this section in its application to an existing passenger transport area;
(c) amend any order which has been made under the said Part II in relation to such an area; and
(d) dissolve existing Authorities.

(6) For the purposes of subsection (5) above, the existing passenger transport areas are those areas designated before the passing of this Act for the purposes of Part II of the Transport Act 1968, each of which comprises the whole or the greater part of an area which becomes a metropolitan county by virtue of this Act, and 'the relevant metropolitan county' in relation to an existing passenger transport area means the county the area of which is so comprised.

(7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament, and subsections (3) to (5) of section 22 of the Transport Act 1968 (special provisions for challenging certain orders under Part II of that Act) shall apply in relation to orders under this section as they apply in relation to orders under sections 9(1) and 17(1) of that Act.

(8) Expressions used in this section have the same meanings as in the Transport Act 1968.

203.—(1) Within each non-metropolitan county, it shall be the duty—

(a) of the county council, acting in consultation with persons providing bus services within the county and, so far as appropriate, with the Railways Board, to develop policies which will promote the provision of a co-ordinated and efficient system of public passenger transport to meet the needs of the county and, for that purpose, to take such steps to promote the co-ordination, amalgamation and re-organisation of road passenger transport undertakings in the county as appear to the county council to be desirable;
(b) of each of the district councils in the county who are carrying on a road passenger transport undertaking to operate that undertaking in accordance with the policies developed by the county council as mentioned in paragraph (a) above; and
(c) of each of the persons providing bus services within the county and of the Railways Board to co-operate with one another in the exercise and performance of their respective functions for the purpose of co-ordinating the passenger transport services within the county and to afford to one another such information as to proposed changes in their services as may be reasonably required for that purpose.

(2) For the purpose of such co-operation as is referred to in subsection (1)(c) above, the Railways Board and each of the other persons mentioned in that subsection shall have power to enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient, including arrangements for the establishment under the Companies Acts of, and the transfer of assets to, one or more companies controlled (severally or jointly) by the parties to the arrangements.

(3) The council of a non-metropolitan county or non-metropolitan district may make grants towards any costs incurred by persons carrying on public passenger transport undertakings wholly or partly in the county or district, as the case may be; and in any case where, in carrying out their duty under subsection (1)(b) above, a district council incur expenditure which they would not otherwise have incurred or receive less revenue than they would otherwise have done, the district council may, by notice to the county council, require the county council to reimburse the amount of that expenditure or of that reduction in revenue.

(4) If any amount which, in accordance with a notice under subsection (3) above, a county council are required to reimburse to a district council is not determined by agreement between those councils within six months of the receipt of the notice or such longer period as may be agreed between them, the amount shall be determined by an arbitrator appointed either by agreement between those councils or, in default of such agreement, by the President of the Institute of Municipal Treasurers and Accountants.

(5) The following expenditure shall not be relevant expenditure for the purposes of section 1 of the Local Government Act 1966 , namely—

(a) any expenditure incurred by a council in making grants under subsection (3) above;
(b) any expenditure incurred by a county council in reimbursing a district council in pursuance of a notice under that subsection; and
(c) any expenditure incurred by a district council who carry on a road passenger transport undertaking in meeting a deficit incurred in the running of the undertaking.

(6) Expressions used in this section have the same meanings as in the Transport Act 1968 .

204.—(1) The districts in Wales shall be the areas for which polls under section 66 of the Licensing Act 1964 (Sunday closing in Wales) may be held, but in relation to each such district, until such a poll is held and the decision on the poll takes effect in the district in accordance with section 67(4) of that Act, the areas in which subsection (1) of the said section 66 does or does not have effect shall be the same on and after 1st April 1974 as before that date.

(2) Any reference in Part VII of the Licensing Act 1964 (licensing planning areas) to a local planning authority shall be construed as a reference to a district planning authority only.

(3) In the case of premises situated outside Greater London, notice of an application for a justices' licence under Schedule 2 to the Licensing Act 1964 shall be given to the proper officer of the district council instead of to the clerk to the rating authority.

(4) In consequence of the preceding provisions of this section and of section 217 below, the Licensing Act 1964 shall have effect subject to the amendments specified in Part I of Schedule 25 to this Act.

(5) Outside Greater London the functions of issuing licences under the Cinematograph Act 1909 and of allowing cinema entertainments under section 1 of the Sunday Entertainments Act 1932 shall be exercisable by district councils, and accordingly, in its application in England and Wales, the said Act of 1909 shall have effect subject to the following modification:—

(a) for the words 'county council', in each place where they occur, there shall be substituted the words 'district council',
(b) for the words 'council of the county', in both places where they occur in section 7(3), there shall be substituted the words 'council of the district', and
(c) sections 5 and 6 shall be omitted;

and in section 52(2) of the London Government Act 1963 (application of Acts of 1909 and 1932 to Greater London) for the word 'county', in both places where it occurs, there shall be substituted the word 'district'

(6) In section 18(1) of the Theatres Act 1968 , in the definition of 'licensing authority', for paragraph (b) there shall be substituted the following paragraph:—

'(b) as respect premises in a district in England or Wales, the council of that district';

and in the definition of 'registration authority' in section 13 of the Theatrical Employers Registration Act 1925 , as it applies in England and Wales, for the words 'county borough' there shall be substituted the words 'London borough' and for the words 'the council of the county' there shall be substituted the words 'the council of the district'.

(7) In section 2 of the Home Counties (Music and Dancing) Licensing Act 1926 (which among other things defines 'the council' for the purposes of that Act) for the words from 'the expressions 'county to 'county borough', in the third place where those words occur, there shall be substituted the words 'the expression 'council' means the council of the district' and in Schedule 1 to that Act (areas of the Act's application) the references to the administrative counties of Buckinghamshire, Essex, Hertfordshire and Kent shall be construed as references to the new counties of Buckinghamshire, Essex, Hertfordshire and Kent.

(8) The provisions of Part II of Schedule 25 to this Act shall have effect for the purpose of conferring a right of appeal with respect to licences under the Home Counties (Music and Dancing) Licensing Act 1926; and any reference in that Part of that Schedule—

(a) to the 1926 Act is a reference to the said Act of 1926, or
(b) to a licence is a reference to a licence under section 3 of the 1926 Act.

(9) In section 2(2) of the Late Night Refreshment Houses Act 1969 (licensing authorities under that Act) for the words 'county and county borough councils' there shall be substituted the words 'district councils'.

205.—(1) Every scheme made under section 40 of the Rent Act 1968 (schemes for appointment of rent officers) and relating to the area of an existing local authority outside Greater London shall cease to have effect on 1st April 1974 and, before that date, the Secretary of State shall, after consultation with the council of each county established under this Act, make a scheme for the council's area under the said section 40 to come into force on that date.

(2) A scheme made by virtue of subsection (1) above may, in respect of a time before 1st April 1974, confer functions or impose obligations on the council of a county established under this Act or the proper officer thereof, and section 41 of the Rent Act 1968 (default powers) shall apply in relation to any function or obligation so conferred or imposed, notwithstanding that the scheme itself has not yet come into force.

(3) Every rent tribunal appointed for a district in which Part VI of the Rent Act 1968, as originally enacted, has effect, other than a tribunal for a district within Greater London, shall be dissolved on 1st April 1974, and, without prejudice to the continued existence of any such tribunal until that date, for the purpose of establishing, under section 69 of that Act as set out in subsection (4) below, new rent tribunals to exercise jurisdiction on and after that date, the Secretary of State may at any time before that date (and notwithstanding that the said section 69 is not then in force) exercise in relation to any such new rent tribunal—

(a) the powers of appointment and direction conferred on him by Schedule 10 to the Rent Act 1968; and
(b) the powers of direction conferred on him by subsection (3) of section 69 of that Act, as set out in subsection (4) below.

(4) On 1st April 1974 section 68 of the Rent Act 1968 (operation of Part VI) shall cease to have effect and the following section shall be substituted for section 69 of that Act:—

69.—(1) A tribunal (in this Part of this Act referred to as a 'rent tribunal') shall be established for each area which is a district for the purposes of this Part of this Act and the provisions of Schedule 10 to this Act shall have effect with respect to rent tribunals.

(2) Subject to subsections (3) and (4) below, each of the following areas shall be a district for the purposes of this Part of this Act—

(a) a non-metropolitan county;
(b) a metropolitan district;
(c) a London borough; and
(d) the City of London which, for this purpose, shall include the Inner Temple and the Middle Temple.

(3) The Secretary of State may direct—

(a) that an area consisting of the whole or part of any two or more of the districts referred to in subsection (2) above shall be treated as a single district for the purposes of this Part of this Act; or
(b) that different parts of any such district as is referred to in that subsection shall be treated as separate districts for those purposes.
(4) This Part of this Act shall not have effect in the Isles of Scilly.'

206. The local authorities for the purposes of the Public Libraries and Museums Act 1964 in England shall be county councils, the Greater London Council, London borough councils, district councils, the Common Council and the Council of the Isles of Scilly and, subject to the provisions of section 5 of that Act, each of the following authorities, that is to say—

(a) the council of a non-metropolitan county;
(b) the council of a London borough and the Common Council;
(c) the council of a metropolitan district;

shall be a library authority for those purposes.

207.—(1) The local authorities for the purposes of the Public Libraries and Museums Act 1964 in Wales shall be county councils and district councils and, subject to the provisions of section 5 of that Act, each of the following authorities, that is to say—

(a) the council of a county;
(b) the council of a district who have been constituted a library authority under the following provisions of this section;

shall be a library authority for those purposes.

(2) The council of a district in Wales may at any time before 1st April 1974 apply to the Secretary of State for an order constituting the council a library authority and the Secretary of State may, if he thinks it expedient to do so having regard to—

(a) the capacity of the council to provide an efficient library service for their district; and
(b) the effect which the order would have on the library service which is to be provided by the council of the new county comprising that district;

and after consulting the council of the new county, make an order constituting the district council a library authority as from a date, not earlier than 1st April 1974, specified in the order.

(3) While the Secretary of State is considering an application by the council of a district for an order under subsection (2) above, he may make an order constituting that council a library authority for a period beginning with 1st April 1974 and ending on a date specified by the Secretary of State on deciding to make or not to make the order applied for.

(4) A council of a district in Wales which is not a library authority may within the period of six months beginning with any review date apply to the Secretary of State for an order constituting the council a library authority and if, after consulting the authority which is then the library authority for that district and after taking account of any likely changes in the area and population of that district and of any other matters appearing to him to be relevant, the Secretary of State is of the opinion that the order would lead to an improvement in the library facilities in that district and would not prejudicially affect the library facilities in the county or the area of the joint board, as the case may be, he may make an order constituting the council a library authority as from a date specified in the order.

(5) Where during the said period of six months the Secretary of State is satisfied, after consulting the council of a district which is a library authority and such other library authorities as appear to him to be concerned, that if the council of the district ceased to be a library authority, that would lead to an improvement in the library facilities in that district or in the county or area of the joint board, as the case may be, he may by order provide that as from a date specified in the order the council of that district shall cease to be a library authority.

(6) An order under this section constituting a district council a library authority may impose on the district council such conditions as the Secretary of State thinks fit for securing the performance by them of their functions under the Public Libraries and Museums Act 1964 .

(7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section 'review date' means 1st April in 1984 and every tenth year thereafter.

208.—(1) It shall not be necessary for any local authority within the meaning of the Public Libraries and Museums Act 1964 to obtain the consent of the Secretary of State to the provision of a museum or art gallery under section 12(1) of that Act or to the transfer of a museum or art gallery and its collections under section 12(2) of that Act, or to apply for an order under section 15(2) of that Act for the purpose of amalgamating a fund established under that section with a similar fund maintained under a local Act, and accordingly in the said section 15(2) for the words after 'aforesaid' there shall be substituted the words 'it may amalgamate the funds, but without prejudice to the effect of any condition attached to any particular gift received by the authority'.

(2) The powers conferred by section 14 of the said Act of 1964 (contributions to expenses of museums and art galleries) on certain local authorities shall be exercisable by every local authority within the meaning of that Act, whether or not a library authority or maintaining a museum or art gallery.

(3) The following additional amendments shall be made in the said Act of 1964—

(a) in section 4(2)(a), after the word 'council' there shall be inserted the words 'in Wales';
(b) in sections 5(3), 6(5) and (6), 10(2), 11(2) and 21, for the words 'non-county borough or urban district', wherever occurring there shall be substituted the words 'district in Wales';
(c) in the proviso to section 5(3), for the words from 'at the request' to '40,000' there shall be substituted the words 'if the Secretary of State thinks fit';
(d) in section 6(6), after the word 'above' there shall be inserted the words 'or under section 207 of the Local Government Act 1972';
(e) in section 6(7), for the words from the beginning to 'above he' there shall be substituted the words 'Where the council of a district in Wales are constituted a library authority under section 207 of the Local Government Act 1972, the Secretary of State', and for the words 'approved council' there shall be substituted the words 'council so constituted';
(f) in section 11(2), the reference to section 60(2) of the Local Government Act 1958 shall be construed as a reference to section 255 below;
(g) in section 15(1), after the word 'maintaining' there shall be inserted the words 'or proposing to provide' and for the words from 'for the time being' onwards there shall be substituted the words 'which the authority maintains or proposes to provide under that section';
(h) in section 16, for the words 'local authority' there shall be substituted the words 'library authority';
(i) in section 21, in subsections (1) and (3) after the words 'county council' there shall be inserted the words 'in Wales' and in subsection (1) the words from 'and expenses' onwards shall cease to have effect;
(j) in section 24(1), for the words 'this Act' there shall be substituted the words 'the provisions of this Act relating to libraries' and for the word 'county' there shall be substituted the words 'non-metropolitan county';
(k) in Schedule 2, in paragraph 2(1), the words from 'but except' onwards shall cease to have effect.

209.—(1) The local education authority for any area outside Greater London shall undertake in that area the performance of the functions of such an authority under a scheme in force immediately before 1st April 1974 under section 10 of the Employment and Training Act 1948 (provision of youth employment services by local education authorities) so far as it relates to that area, and any such scheme shall have effect subject to any necessary modifications in consequence of this Act.

(2) In section 18(1) of the said Act of 1948, for the definition of 'local authority' there shall be substituted the definition local authority' means a county council, district council, London borough council or the Common Council of the City of London'.

210.—(1) Where, immediately before 1st April 1974, any property is held, as sole trustee, exclusively for charitable purposes by an existing local authority for an area outside Greater London, other than the parish council, parish meeting or representative body of an existing rural parish in England (but including the corporation of a borough included in a rural district), that property shall vest (on the same trusts) in a new local authority in accordance with subsections (2) to (5) below.

(2) Subject to subsection (3) below, where the property is held by one of the existing authorities specified below, and is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority specified below, the area of which comprises the whole or the greater part of that specified area, and where the property is so held but is not held for such a benefit, it shall vest in the new authority specified below, the area of which comprises the whole or the greater part of the area of the existing authority, that is to say—

(a) where the existing authority is a county council, the new authority is the council of the new county;
(b) where the existing authority is the council of a borough or urban district in England, the new authority is the council of the parish constituted under Part V of Schedule 1 to this Act or, where there is no such parish, the council of the district;
(c) where the existing authority is the council of a borough or urban district in Wales, the new authority is the council of the community or, where there is no such council, the council of the district; and
(d) where the existing authority is a rural district council, then, if the rural district is coextensive with a parish, the new authority is the parish council, and in any other case the new authority is the council of the district.

(3) Where the property is held by an existing county council or county borough council for the purposes of a charity registered in the register established under section 4 of the Charities Act 1960 in any part of that register which is maintained by the Secretary of State by virtue of section 2 of that Act (educational charities) then—

(a) if the property is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority which is the local education authority for the whole or the greater part of that specified area, and
(b) in any other case, the property shall vest in the new authority which is the local education authority for the whole or the greater part of the area of the existing county council or county borough council by which the property is held.

(4) Where the property is held by the corporation of a borough included in a rural district, it shall vest in the parish council for the parish consisting of the area of the existing borough.

(5) Where the property is held by the parish council, parish meeting or representative body of an existing rural parish in Wales, then—

(a) in the case of property held by an existing parish council, the property shall vest in the community council for the community or group of communities, the area or areas of which are co-extensive with the area of the parish or parishes for which the existing parish council act;
(b) in the case of property held by the parish meeting or representative body of an existing parish the area of which is comprised in a community for which there is a community council, the property shall vest in that community council; and
(c) in any other case, the property shall vest in the council of the district which comprises the area of the existing rural parish.

(6) Where, immediately before 1st April 1974, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, any existing local authority to which subsection (1) above applies, that power shall vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, the corresponding new authority, that is to say, the new authority in which, had the property of the charity been vested in the existing local authority, that property would have been vested under subsections (1) to (5) above.

(7) References in subsection (6) above to a power with respect to a charity do not include references to a power of any person by virtue of being a charity trustee thereof; but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before 1st April 1974 include either an existing local authority to which subsection (1) above applies or the holder of an office connected with such an existing local authority, those trustees shall instead include the corresponding new authority as defined in subsection (6) above or, as the case may require, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that authority.

(8) In section 10(1) of the War Charities Act 1940 (registration authorities) for paragraph (b) there shall be substituted the following paragraph—

'(b) as respects any London borough, the council of the borough'

and in paragraph (d) for the word 'county' there shall be substituted the words 'non-metropolitan county or metropolitan district'.

(9) The Charities Act 1960 shall have effect subject to the following amendments:—

(a) in section 10(1) (local authorities' index of local charities) for the word 'borough' there shall be substituted the words 'district or London borough';
(b) in section 11 (reviews of local charities by local authority) in subsections (1) and (4) for the word 'borough' there shall be substituted the words 'district or London borough', and in subsection (5) for the words 'to (7)' there shall be substituted the words 'and (5)';
(c) in section 12(1) (co-operation between charities and local authorities) for the words 'county borough, of a metropolitan borough' there shall be substituted the words 'London borough';
(d) all the words in section 18(12) from 'but a parish' to the end shall be omitted;
(e) the powers of appointment under subsections (3), (4) and (5) of section 37 (parochial charities) shall, in the case of a community in Wales for which there is no community council, be exercisable by the district council, and, in the case of an existing urban parish in England which after 1st April 1974 is not comprised in a parish, the power of appointment under subsection (5) of that section shall be exercisable by the district council; and
(f) in Schedule 3 (enlargement of areas of local charities) in both columns of paragraphs 3 and 4, for the word 'borough', in each place where it occurs, there shall be substituted the word 'district'; in paragraph 4(iv) (in column 2) for the words 'parish or parishes (civil or ecclesiastical)' there shall be substituted the word 'district'.

(10) Nothing in the foregoing provisions of this section shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity and nothing in those provisions shall apply in a case to which section 211 below applies.

(11) In this section the expression 'local authority', in relation to a parish, includes a parish meeting and the representative body of a parish, and the expressions 'charitable purposes', 'charity', 'charity trustees', 'court' and 'trusts' have the same meanings as in the Charities Act 1960 .

211.—(1) Any property which, immediately before 1st April 1974, is vested in the council of an existing county or county borough in Wales and is required to be applied in accordance with a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes) shall be vested, by virtue of this Act, in the council of the new county which comprises the whole or the greater part of the area of that existing county or county borough.

(2) Where, by virtue of subsection (1) above, property vested in the council of an existing county becomes vested in the council of a new county which does not comprise the whole of the area of the existing county, the new county council shall transfer an apportioned part of the property to each of the other new county councils whose areas include parts of the area of the existing county.

(3) An apportionment for the purposes of subsection (2) above shall be made by agreement between the new county councils concerned, or, in default of such an agreement, shall be determined by arbitration before a single arbitrator appointed by agreement between those councils or, in default of such an agreement, appointed by the Secretary of State.

(4) The vesting or transfer of any property by virtue of this section shall not affect the application of the property in accordance with the scheme under section 19 of the Welsh Church Act 1914 which is applicable to it immediately before 1st April 1974 or the amendment or revocation of any such scheme by a further scheme under that section.

212.—(1) With respect to any local land charge within the meaning of section 15 of the Land Charges Act 1925 which affects land situated outside Greater London, the proper officer to act as local registrar under that section shall be the proper officer of the council of the district in which the land affected is situated.

(2) In so far as provision made by or under any enactment requires the proper officer of a local authority of any description to register any notice, order, scheme, agreement, restriction, prohibition, condition or other instrument or matter in a register of local land charges, then, except in relation to land in Greater London, that provision shall be construed as requiring the proper officer of the district council concerned to register it.

(3) In consequence of the provisions of this section—

(a) in section 33 of the Civil Aviation Act 1949 , in subsection (1), for the words from 'county' to the end of the subsection there shall be substituted the words 'district or London borough and the Common Council of the City of London'; and
(b) in section 30(8) of the Land Drainage Act 1961 , after the words 'proper officer of the' there shall be inserted the word 'district'.

(4) Notwithstanding anything in section 270(3) of this Act, in this section 'the proper officer' means the person who, by virtue of section 19 of the Land Charges Act 1925 , as set out in Schedule 4 to the Land Charges Act 1972 , is the proper officer to act as local registrar.

213.—(1) The power to levy the duties on the following licences, namely—

(a) moneylenders' licences under the Moneylenders Act 1927 ,
(b) pawnbrokers' licences under the Pawnbrokers Act 1872 ,
(c) licences for keeping dogs, and
(d) licences for dealing in game or for killing game,

shall, in England and Wales outside Greater London, be vested in the councils of districts.

(2) In accordance with subsection (1) above, section 6 of the Finance Act 1908 (licences for dealing in game and killing game) shall be amended as follows:—

(a) in subsection (1), for the words from 'as from' to the end of the subsection there shall be substituted the words 'in England and Wales be vested in the councils of districts';
(b) in subsection (2), the words from 'fix' to 'transfer, and may' shall be omitted, for the words 'county councils' there shall be substituted the words 'district councils', and the words from 'The transfer under this section' to 'any such adjustment' shall be omitted and at the end of the subsection there shall be added the words 'and as if any reference in those provisions to a county council were a reference to a council having power to levy those duties after 1st April 1974'; and
(c) for subsection (5) there shall be substituted the following subsection:—

'(5) In relation to Greater London, references in this section to a district council shall be construed as references to the council of a London borough or the Common Council of the City of London'.

(3) In accordance with subsection (1) above, section 15 of the Finance Act 1949 (the licences referred to in paragraphs (a) and (b) of that subsection) shall be amended as follows:—

(a) in subsection (1), for the words 'transferred to county and county borough councils' there shall be substituted the words 'vested in district councils'; and
(b) in subsections (2) and (3), for the words 'county or county borough', and in subsection (7) for the words

'county and county borough' there shall be substituted the word 'district'; and

(c) after subsection (8) there shall be added the following subsection:—

'(8A) In relation to Greater London, references in this section to a district council shall be construed as references to the council of a London borough or the Common Council of the City of London'.

(4) In accordance with subsection (1) above, in subsection (1) of section 7 of the Dog Licences Act 1959 for the words 'counties and county boroughs' there shall be substituted the words 'districts and London boroughs and the Common Council of the City of London' and in subsection (2) of that section for the words 'counties and county boroughs' there shall be substituted the words 'districts and London boroughs and the City of London'.

214.—(1) The following authorities, that is to say, the councils of districts, London boroughs, parishes and communities, the Common Council and the parish meetings of parishes having no parish council, whether separate or common, shall be burial authorities for the purposes of, and have the functions given to them by, the following provisions of this section and Schedule 26 to this Act; and—

(a) the powers conferred by the Burial Acts 1852 to 1906 to provide burial grounds shall cease to be exercisable; and
(b) any existing burial board, joint burial board or joint committee with the powers of such a board established under the Burial Act 1852 or section 53(2) of the Local Government Act 1894 or by any local statutory provision shall cease to exist.

(2) Burial authorities may provide and maintain cemeteries whether in or outside their area.

(3) The Secretary of State may by order make provision with respect to the management, regulation and control of the cemeteries of burial authorities and any such order may—

(a) impose a fine for any contravention of the order; and
(b) contain such provision amending or repealing any enactment (including any enactment in Schedule 26 to this Act) or revoking any instrument made under any enactment as appears to the Secretary of State to be necessary or proper in consequence of the order.

(4) An order under this section may only be made after consultation with associations appearing to the Secretary of State to be representative of local authorities and with other bodies appearing to him to be concerned, and any such order shall be of no effect unless approved by a resolution of each House of Parliament.

(5) A burial authority within the meaning of this section, other than a parish meeting, shall also be a burial authority for the purposes of the Cremation Acts 1902 and 1952.

(6) A burial authority may contribute towards any expenses incurred by any other person in providing or maintaining a cemetery in which the inhabitants of the authority's area may be buried.

(7) Schedule 26 to this Act shall have effect with respect to the exercise of functions of burial authorities and the management of cemeteries and crematoria and for making amendments and modifications of the enactments relating to cemeteries and crematoria.

(8) In this section and that Schedule 'cemetery' includes a burial ground or any other place for the interment of the dead (including any part of any such place set aside for the interment of a dead person's ashes).

215.—(1) Subject to subsection (2) below, where outside the area subject to the Welsh Church Act 1914 a churchyard has been closed by an Order in Council, the parochial church council shall maintain it by keeping it in decent order and its walls and fences in good repair.

(2) A parochial church council which is liable under subsection (1) above to maintain a closed churchyard may—

(a) if the churchyard is in a parish or community having a separate parish or community council, serve a written request on that council to take over the maintenance of the churchyard;
(b) if the churchyard is in a parish not having a separate parish council, serve such a request on the chairman of the parish meeting;
(c) if the churchyard is in a community not having a separate community council, serve such a request on the council of the district in which the community is situated; or
(d) if the churchyard is in England elsewhere than the City and the Temples and is not in any parish, serve such a request on the council of the district or London borough in which the churchyard is situated;

and, subject to subsection (3) below, the maintenance of the churchyard shall be taken over by the authority on whom the request is served or the parish meeting, as the case may be, three months after service of the request.

(3) If, pursuant to subsection (2) above, a request is served on a parish or community council or the chairman of a parish meeting and, if that council or meeting so resolve and, before the expiration of the said three months, give written notice of the resolution to the council of the district and to the parochial church council maintaining the churchyard, the council of the district, and not the parish or community council or parish meeting, shall take over the maintenance of the churchyard at the expiration of the said three months.

(4) Where before the passing of this Act a church council established under the constitution of the Church in Wales, in purported exercise of the powers conferred by section 18 of the Burial Act 1855 (maintenance of closed churchyard payable out of rates), issued a certificate with respect to a closed churchyard to a local authority, and that authority thereupon took over the maintenance of the churchyard, the authority's action shall be deemed to have been lawful for all purposes, and the authority for the time being responsible for the maintenance of the churchyard shall have the like duty with respect to its maintenance as a parochial church council elsewhere than the area subject to the Welsh Church Act 1914 .

(5) In subsection (1) above, 'the area subject to the Welsh Church Act 1914' means the area in which the Church of England was disestablished by that Act.

Part X: Judicial and Related Matters[edit]

216.—(1) For the purposes of commissions of the peace and the law relating to justices of the peace, magistrates' courts, the custos rotulorum, lieutenants, sheriffs and matters connected with any of those matters, new counties shall, without prejudice to section 179(1) above, be substituted for counties of any other description.

(2) For the purposes of this section and sections 217, 218 and 219 below the Isles of Scilly shall be deemed to form part of the county of Cornwall.

217.—(1) There shall be a separate commission of the peace for each new county and, subject to subsection (2) below, any commission of the peace which is in existence immediately before 1st April 1974 and is a commission for an area outside Greater London shall have effect on and after that date as a commission of the peace for the new county which includes the whole or the greater part of the area for which that commission was issued.

(2) Where by virtue of subsection (1) above there would, apart from this subsection, be more than one commission of the peace for a new county, then—

(a) until a new commission is issued for the new county, that one of those commissions which the Lord Chancellor may by order specify shall be treated as the sole commission of the peace for the new county, and
(b) the names of the justices appointed by the other or others of those commissions shall be deemed to be included among the names of the justices specified in the commission which, by virtue of paragraph (a) above, is treated as the sole commission for the new county,

and accordingly, subject to paragraph (b) above, any commission of the peace which, by virtue of subsection (1) above, would be treated as a commission for the new county, other than the commission which, by virtue of paragraph (a) above, is to be treated as the sole commission for the new county, shall cease to have effect.

(3) There shall be a separate magistrates' courts committee for each non-metropolitan county and for each metropolitan district, and outside Greater London the petty sessions areas shall be—

(a) a non-metropolitan county which is not divided into petty sessional divisions;
(b) a petty sessional division of a non-metropolitan county;
(c) a metropolitan district which is not divided into petty sessional divisions; and
(d) a petty sessional division of a metropolitan district.

(4) The areas for which stipendiary magistrates may be appointed shall be—

(a) the whole or part of a non-metropolitan county,
(b) a metropolitan district, or
(c) a joint district consisting of any two or more of the areas referred to in paragraphs (a) and (b) above.

(5) Outside Greater London the powers and duties of local authorities under Part IV of the Justices of the Peace Act 1949 shall be vested in the councils of non-metropolitan counties and metropolitan districts, but for the purposes of Schedule 5 to the Criminal Justice Act 1948 , where a combined probation and after-care area constituted under that Schedule is co-extensive with, or includes, a metropolitan county, the local authority, so far as relates to the area of the metropolitan county, shall be the county council alone.

(6) The rights of the Chancellor of the Duchy of Lancaster with respect to the appointment of justices of the peace and the supplemental list of justices of the peace shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire.

(7) In consequence of the preceding provisions of this section, of the establishment of new local authorities by or under this Act, and of the provisions of the Courts Act 1971 relating to magistrates' courts committees, and in order to regulate the procedure of, and the rights of persons to attend before and make representations to, such committees and to transfer to the Lord Chancellor the responsibility for the payment of allowances to justices in respect of duties in the Crown Court, there shall have effect—

(a) the amendments of the Justices of the Peace Act 1949 specified in Part I of Schedule 27 to this Act, and
(b) the amendments of the other enactments specified in Part II of that Schedule.

218.—(1) Her Majesty shall appoint a lord-lieutenant for each county in England and Wales and for Greater London and may appoint lieutenants for each county and Greater London, and any reference in any enactment passed before or during the same session as this Act or any instrument made before the passing of this Act to a lieutenant of a county or Greater London shall be construed as a reference to the lord-lieutenant of a county or Greater London, as the case may be.

(2) The persons appointed under section 32 of the Militia Act 1882 to act for the lord-lieutenant as vice-lieutenant shall be known as vice lord-lieutenants and the references to deputy lieutenants in section 30(4) of that Act (displacement of deputy lieutenants) shall include references to vice lord-lieutenants.

(3) The persons who may be appointed under section 31 of the said Act of 1882 to act as lord-lieutenant of a county or Greater London or who may be appointed a vice lord-lieutenant of a county or Greater London under section 32 of that Act shall include a lieutenant of a county or Greater London, as the case may be, appointed under subsection (1) above.

(4) Her Majesty may by Order in Council provide that any lieutenant holding office immediately before 1st April 1974 shall continue to hold office on and after that date as a lord-lieutenant or as a lieutenant of a new county or Greater London, according as may be specified in the Order.

(5) Any deputy lieutenant holding office immediately before that date outside Greater London shall continue to hold office on and after that date as deputy lieutenant of the new county in which he resides or such other new county as may be specified in an order made by the Secretary of State.

(6) A deputy lieutenant holding office immediately before that date in Greater London shall continue to hold office on and after that date as deputy lieutenant of Greater London.

(7) Subsections (4) to (6) above shall not prejudice any power of removal or of directing removal from any office.

(8) In this section ‘Greater London’ does not include the City or the Temples.

219.—(1) Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London.

(2) No persons shall be nominated in 1973 in pursuance of section 6(1) of the Sheriffs Act 1887 as persons fit to serve as high sheriff, but the lord-lieutenant of a new county or Greater London shall, as soon as may be after he has been appointed under section 218(1) above or has been specified in an Order in Council under section 218(4) above, nominate three persons as being fit to serve as high sheriff of that county or Greater London, as the case may be, and they shall be treated as having been nominated under the said section 6(1).

(3) The rights of Her Majesty in right of the Duchy of Lancaster in relation to the appointment of high sheriffs shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire; and subsection (2) above shall not apply to those counties or to the county of Cornwall.

(4) The Lord Chancellor may by order prescribe the area for which each under-sheriff is to act.

(5) Where the area for which an under-sheriff acts is situated in two or more counties, the duty imposed by section 23 of the Sheriffs Act 1887 of appointing the under-sheriff for that area shall be discharged by the high sheriff of the county containing the greater part of that area, after consulting any other high sheriff concerned, and if any question arises as to which county contains the greater part of an under-sheriff's area, it shall be determined by the Lord Chancellor.

References in this subsection to a county include references both to Greater London and to the City (including the Temples).

(6) An under-sheriff shall as respects the area for which he acts be treated as the high sheriff's deputy for the purpose of all the high sheriff's functions, except his functions as returning officer at parliamentary elections.

(7) No privileges or duties of a sheriff shall be exercisable under section 34 of the Sheriffs Act 1887 or otherwise by the bailiff of a franchise.

(8) In this section ‘Greater London’ does not include the City or the Temples.

220.—(1) Except as provided by subsection (2) below, coroners shall be appointed for each county, for Greater London (other than the City and the Temples) and for the City (including the Temples) and shall be so appointed—

(a) in the case of a county, by the county council;

(b) in the case of Greater London, by the Greater London Council; and

(c) in the case of the City and the Temples, by the Common Council;

and any right to appoint or be a coroner of any other description, except a coroner mentioned in subsection (2) below, is hereby extinguished.

(2) Subsection (1) above shall not affect the right of Her Majesty to appoint the Queen's coroner and attorney or the coroner of the Queen's Household.

(3) The Coroners Acts 1887 to 1954, except section 12 of the Coroners (Amendment) Act 1926 , shall apply in relation to the City and the Temples as if together they were a county and the Common Council were the council of that county and shall so apply subject to the following modifications:—

(a) references in those Acts to county aldermen and county councillors shall be construed as references to aldermen of the City and common councillors;
(b) any expenses of the Common Council under those Acts shall be defrayed out of the general rate; and
(c) in section 1 of the Coroners Act 1892 , the reference to the chairman of the council who appointed the coroner shall be construed as a reference to the Lord Mayor.

(4) It shall be the duty of the council of each new county to take into consideration the division of the county into coroners' districts and, unless they consider it inexpedient to do so, to exercise before the end of 1973 the power conferred on them by section 12 of the Coroners (Amendment) Act 1926 of submitting a draft order providing for the division, or alteration of any division, of the county into coroners' districts; and the council of each new county shall not later than 1st April 1974 appoint a sufficient number of coroners for the county and section 2 of the said Act of 1926 shall apply to any such appointment as if a vacancy had occurred in the office of coroner for the county.

(5) The following provisions shall cease to have effect, that is to say—

(a) so much of section 5 of the Coroners Act 1844 as requires a coroner to reside in or within two miles of his district;
(b) so much of section 25 of the Coroners Act 1887 as requires a local authority to cause a copy of a schedule of fees, allowances and disbursements to be deposited with their clerk;
(c) section 39 of that Act (application to county of Lancaster); and
(d) section 8 of the Coroners (Amendment) Act 1926 (defraying of expenses incurred on the salary or pension of a coroner).

(6) For section 78(2)(b) of the 1963 Act there shall be substituted the following paragraph—

(b) any sum required by section 27(2) of the Coroners Act 1887 to be paid out of the local rate shall be defrayed by the Greater London Council’.

221.—(1) There are hereby abolished the inferior courts of record specified in Schedule 28 to this Act, being courts having a jurisdiction defined, or originally defined, by reference to a city, borough or similar area which, after 1st April 1974, no longer exists in that form as a unit of local government (whether it ceases to do so by virtue of this Act or has ceased to do so at some time before the passing of this Act).

(2) Her Majesty may by Order in Council make such transitional and consequential provisions as appear to Her expedient in consequence of the abolition of any court by this section.

Part XI: General Provisions as to Local Authorities[edit]

Legal proceedings[edit]

222.—(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—

(a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and
(b) they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.

(2) In this section ‘local authority’ includes the Common Council.

223.—(1) Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates' court shall be entitled to prosecute or defend or to appear in any such proceedings, and, notwithstanding anything contained in the Solicitors Acts 1957 to 1965, to conduct any such proceedings although he is not a solicitor holding a current practising certificate.

(2) In this section ‘local authority’ includes the Common Council and a river authority established under the Water Resources Act 1963.

Documents and notices, etc.[edit]

224. Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.

225.—(1) In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.

(2) All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the district council.

226.—(1) All specified papers of a parish or community shall—

(a) in the case of a parish which is co-extensive with an existing rural parish, remain in the same custody as before 1st April 1974; and
(b) in the case of any other parish or any community, be in the custody of the body to which the documents of that area, other than documents of a specified class, are transferred on that date;

but the parish or community council or, in the case of a parish or community not having a separate parish or community council, the parish meeting in England or the district council in Wales may direct that any such papers shall be deposited in such custody as may be specified in the direction.

(2) Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the Local Government Act 1894 , or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.

(3) Any person having the custody of any documents mentioned in subsection (2) above shall have reasonable access to the papers mentioned in subsection (1) above and—

(a) in a parish or community having a separate parish or community council, that council;
(b) in any other parish, the parish meeting;
(c) in any other community, the district council; and
(d) in any area in England not falling within paragraph (a) or (b) above, the district council, London borough council or Common Council, as the case may be;

shall have reasonable access to the documents mentioned in subsection (2) above.

(4) Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in a London borough or the City, be determined by the Secretary of State and in any other case by the county council.

(5) Every county council shall from time to time enquire into the manner in which specified papers under the control of a parish or community council or parish meeting are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish or community council or parish meeting.

227.—(1) In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish or community is situated, shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.

(2) In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish or community is situated shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.

228.—(1) The minutes of proceedings of a local authority shall be open to the inspection of any local government elector for the area of the authority and any such local government elector may make a copy of or extract from the minutes.

(2) A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.

(3) The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.

(4) Any abstract of the accounts of a body whose accounts are required to be audited in accordance with Part VIII of this Act and of any officer of such a body and any report made by an auditor on those accounts shall be open to the inspection of any local government elector for the area of the body, and any such local government elector may make a copy thereof or an extract therefrom, and copies thereof shall be delivered to any such local government elector on payment of a reasonable sum for each copy.

(5) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.

(6) A document directed by this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.

(7) If a person having the custody of any such document—

(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding 20.

(8) This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a local authority.

229.—(1) Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2) Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3) Subsection (1) above shall not apply to any document deposited with a local authority under the Public Records Act 1958.

(4) In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.

(5) A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.

(6) The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.

(7) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

(8) In this section ‘court’ and ‘legal proceedings’ have the same meanings as in the Civil Evidence Act 1968.

230. Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.

231.—(1) Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.

(2) Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.

(3) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.

232.—(1) Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a) by posting the notice in some conspicuous place or places within the area of the local authority; and
(b) in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.

(2) This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.

233.—(1) Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.

(2) Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3) Any such document may—

(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;
(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4) For the purposes of this section and of section 26 of the Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—

(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(5) If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the Interpretation Act 1889 as his proper address.

(6) For the purpose of enabling any document to be given to or served on the owner or lessee of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner or lessee, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner or lessee, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding 20.

(7) If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(8) This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.

(9) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.

(10) Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.

234.—(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.

(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word ‘signature’ includes a facsimile of a signature by whatever process reproduced.

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

Byelaws[edit]

235.—(1) The council of a district and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district or borough, as the case may be, and for the prevention and suppression of nuisances therein.

(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

236.—(1) Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority under this Act or any other enactment, whenever passed and conferring on a local authority a power to make byelaws and for which specific provision is not otherwise made.

(2) This section shall not apply to byelaws made by statutory water undertakers under section 17 or 18 of the Water Act 1945 or by the Civil Aviation Authority under section 31 of the Civil Aviation Act 1971.

(3) The byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish or community council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.

(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.

(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.

(6) The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7) The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.

(8) A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.

(9) The proper officer of a district council shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish or community to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish or community council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish or community.

A copy so deposited shall at all reasonable hours be open to public inspection without payment.

(10) The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.

(11) In this section the expression ‘the confirming authority’ means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.

237. Byelaws to which section 236 above applies may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of 20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of 5 for each day during which the offence continues after conviction thereof.

238. The production of a printed copy of a byelaw purporting to be made by a local authority upon which is endorse a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the byelaw was made by the authority;
(b) that the copy is a true copy of the byelaw;
(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

Miscellaneous provisions[edit]

239.—(1) Subject to the provisions of this Act, where a local authority, other than a parish or community council, are satisfied that it is expedient to promote, or any local authority are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.

(2) A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—

(a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
(b) in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.

(3) For the purposes of subsection (2) above the requisite notice is thirty clear days' notice in the case of promotion of a Bill and ten clear days' notice in the case of opposition to a Bill.

(4) The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.

(5) No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.

240.—(1) Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—

(a) before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
(b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;
(c) the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;
(d) if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.

(2) The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.

(3) Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the Statutory Orders (Special Procedure) Act 1945 , the following provisions shall have effect—

(a) before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
(b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.

(4) Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.

(5) At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.

(6) The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.

(7) Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the Statutory Orders (Special Procedure) Act 1945.

241. Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.

242. No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.

243.—(1) Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.

(2) Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under section 42 above or paragraph 18 or 34 of Schedule 12 to this Act.

(3) Where under subsection (1) above the day of election or the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day of election or of the poll, as the case may be.

(4) In computing any period of time for the purpose of any rules mentioned in subsection (2) above or for the purposes of section 44(1) or 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice of election or of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision.

(5) Subsection (4) above, so far as it relates to any such rules shall have effect subject to the provisions of those rules.

244.—(1) The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith, and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.

(2) If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.

Part XII: Miscellaneous and General[edit]

245.—(1) If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by advice of Her Privy Council thinks fit to do so, She may be the charter confer on that district the status of a borough and thereupon—

(a) the council of the district shall bear the name of the council of the borough
(b) the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.

(2) A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(3) No charter under subsection (1) above shall take effect before 1st April 1974.

(4) Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—

(a) the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and
(b) the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;

those styles may be used as from 1st April 1974.

(5) A district which has the status of a boroguh, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.

(6) The council of a parish or community which is not grouped with any other parish or community may resolve that the parish or community shall have the status of a town and thereupon —

(a) the council of the parish or community shall bear the name of the council of the town;
(b) the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;
(c) the parish meeting or a community meeting shall have the style of town meeting.

(7) A resolution under subsection (6) above shall cease to have effect if the parish or community to which it relates ceases to exist.

(8) If a parish or community council which has passed a resolution under subsection (6) above is dissolved without the parish or community ceasing to exist, the dissolution shall not affect the status of the parish or community or the application to it of paragraph (c ) of that subsection and in England the parish trustees shall have the style of town trustees.

(9) A parish or community council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England or a community meeting in Wales may resolve that the parish or community shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish or community.

(10) The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty's prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.

246.—(1) Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.

(2) A charter granted by Her Majesty under section 245 above with respect to a district may—

(a) provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district, shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;

(b) provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;

(c) contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.

(3) Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.

(4) Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised within a district not having that status, or entitled to the style of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—

(a) there shall be as from that date be a body corporate by the name of "the Charter Trustees of the City" or "the Charter Trustees of the Town", as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;
(b) the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor;
(c) any powers to appoint local officers of dignity excercisable immediately bedore that date by the corporation of the city or borough shall be excercisable on and after that date by the charter trustees.

(5) Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—

(a) becomes a parish; or
(b) becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;

the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.

(6) Subsections (1), (3) and (4) above and any order under subsection (5) above shall have effect subject to any provision made by a grant under Her Majesty's prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.

(7) If a charter is granted under that section to the council of a district, any charter trustees constituted under subsection (4) for an area comprised in that district shall be dissolved and paragraphs (b) and (c) of that subsection shall cease to apply to the area.

(8) If an area or part of an area for which chanter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.

(9) Where charter trustees have been constituted for an area which is altered by an order under Part IV of this Act and neither subsection (7) nor subsection (8) above applies in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.

(10) The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.

(11) Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.

(12) Every cheque or other order for the payment of money by charter trustees shall be signed by two of them.

(13) Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.

(14) Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.

(15) Sections 154 to 168 above and section 228 above, except subsection (5), shall apply in relation to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.

(16) Sections 173 to 178 above shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or commuuity consisting of the area for which they act.

247.—(1) Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 or section 20 above.

(2) An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.

248.—(1) Subject to the following provisions of this section, nothing in this Act shall affect any person's status, or the right of any person to be admitted, as a freeman of a place which is an existing borough; and in this section any such place is referred to as a city or town.

(2) On and after 1st April 1974 the roll of freemen of a city or town shall be kept by the proper officer of the relevant district council, that is to say, the council of the district which comprises the whole or the greater part of the city or town.

(3) If at any time on or after 1st April 1974 any person claims to be admitted as a freeman of a city or town, his claim for admission shall be examined by the chairman of the relevant district council, as defined in subsection (2) above, and, if the person's claim is established, his name shall be entered on the roll of freemen of that city or town.

(4) After 31st March 1974—

(a) a freeman of a city or town,
(b) any person who by marriage, descent, employment or otherwise is or has been related to or associated with a freeman of a city or town, and
(c) any person who is or has been related by marriage to the widow or a child of a freeman of a city or town,

shall have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed on that date by a freeman of that city or town, by a person correspondingly related to or associated with such a freeman or, as the case may be, by a person correspondingly related by marriage to the widow or a child of such a freeman.

(5) A person who is on 1st April 1974, or becomes thereafter, an inhabitant of a city or town shall, as such, have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed immediately before that date by an inhabitant of that city or town.

249.—(1) A principal council may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, confer the title of honorary aldermen on persons who have, in the opinion of the council, rendered eminent services to the council as past members of that council, but who are not then councillors of the council.

(2) No honorary alderman shall, while serving as a councillor of the council, be entitled to be addressed as alderman or to attend or take part in any civic ceremonies of the council as an alderman.

(3) Services rendered to the council of an existing county, county borough, borough or urban or rural district the area of which becomes wholly or partly included in a new county or district shall be treated for the purposes of subsection (1) above as services rendered to the council of the new county or district, as the case may be.

(4) An honorary alderman of a principal council may attend and take part in such civic ceremonies as the council may from time to time decide, but shall not, as such, have the right—

(a) to attend meetings of the council or a committee of the council (including a joint committee upon which they are represented); or
(b) to receive any such allowances or other payments as are payable under sections 173 to 176 above.

(5) The council of a London borough or a district having the status of a city, borough or royal borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, admit to be honorary freemen of the city, borough or royal borough persons of distinction and persons who have, in the opinion of the council, rendered eminent services to the city, borough or royal borough, but the admission of a person to be an honorary freeman shall not confer on him any such rights as are referred to in section 248(4) above.

(6) The council of a London borough or a district which has the status of a city, borough or royal borough may spend such reasonable sum as they think fit for the purpose of presenting an address or a casket containing an address to a person upon whom they have conferred the title of honorary alderman or admitted to be an honorary freeman of the city, borough or royal borough.

Inquiries[edit]

250.—(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make a solemn affirmation:

Provided that—

(a) no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and
(b) nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.

(3) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding 100 or to imprisonment for a term not exceeding six months, or to both.

(4) Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry (including such reasonable sum not exceeding 30 a day as he may determine for the services of any officer engaged in the inquiry) shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.

(5) The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.

(6) This section shall extend to local inquiries held by the Secretary of State under the provisions of the Local Government Act 1929 or the Ferries (Acquisition by Local Authorities) Act 1919 .

General[edit]

251.—(1) Part I of Schedule 29 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2) The enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

252.—(1) Her Majesty may at any time, in any case where it appears to Her appropriate in consequence of the provisions of this Act, by Order in Council coming into force not earlier than 1st April 1974 make modifications of any enactment contained in any other public general Act passed before that date or any instrument made before that date under any such Act, being an instrument of a legislative character and not being an instrument in the nature of a local enactment, as may appear to Her to be necessary to make that enactment or instrument apply in relation to any particular class of new authority as it applies in relation to any particular class of local authority existing immediately before that date.

(2) The modifications which may be made by an Order in Council under this section shall be in addition to those made by any other provision of this Act, but shall have effect subject to any such other modification, except those made by section 179 above.

(3) No Order in Council shall be made under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.

253.—(1) Any functions of any such public body as is specified in subsection (2) below may with their approval be transferred by an order made by the Secretary of State to any local authority whose area comprises the district of that body, or jointly to two or more local authorities whose areas together comprise that district.

(2) This section applies to the following public bodies, that is to say, any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, or for providing or maintaining a cemetery or market in any place.

(3) Any order under this section may contain such incidental, consequential, transitional and supplementary provision as may appear to the Secretary of State to be necessary or proper; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section 'local authority' includes the Common Council.

254.—(1) The Secretary of State or any appropriate Minister may at any time by order make such incidental, consequential, transitional or supplementary provision as may appear to him—

(a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
(b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may in particular include provision—

(a) with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;
(b) with respect to the membership of any body so far as that membership consists of persons elected by, or appointed by or on the nomination of, any authority affected by this Act or any two or more bodies who include such an authority;
(c) for applying with or without modifications, or amending, repealing, or revoking, with or without savings, any provision of an Act passed or an instrument under an Act made before 1st April 1974 and for making savings or additional savings from the effect of any repeal made by this Act;
(d) for any of the matters specified in section 67 above;
(e) without prejudice to paragraph (d) above, for dissolving any body corporate established by any Act passed or by any instrument under an Act made before 1st April 1974;
(f) for requiring the council of a new county, with a view to securing that the introduction of a general rate of uniform amount per pound of rateable value throughout any new district in the county is gradual, to issue as respects a limited period beginning on 1st April 1974 precepts specifying different amounts in the pound which are to be levied as rates for general county purposes on different parts of the new county (whether the whole or part of an existing county included therein or a county borough so included) and which are to be determined by reference to the circumstances of those parts before that date;
(g) for requiring, with that view and taking account of any requirements imposed by virtue of paragraph (f) above, the council of a new district to make and levy during a limited period beginning on 1st April 1974 differential rates determined by reference to the circumstances of existing rating areas wholly or partly included in the district,
(h) for treating anything duly done before 1st April 1974 by any authority in the exercise of functions which on and after that date become functions of some other authority as having, from that date, been duly done by that other authority and for treating any instrument made before that date, if or so far as it was made in the exercise of those functions, as continuing in force on and after that date until varied or revoked in the exercise of those functions by that other authority;
(i) for securing the continued discharge of functions in relation to the Confederation of the Cinque Ports and its courts (including so far as is necessary for that purpose, provision for the constitution of a body to replace any existing corporation), for appropriating property or providing funds for the discharge of functions as aforesaid, and otherwise for securing that anything required or authorised to be done by, to or in relation to the Confederation or any of its courts may continue to be done.

(3) Subject to subsection (5) below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority outside Greater London in connection with the discharge of any of their functions, that is to say—

any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,

any notice or direction given or treated as given by or to such an authority,

any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,

any application, proposal or objection made or treated as made by or to such an authority,

any condition or requirement imposed or treated as imposed by or on such an authority, or

any appeal allowed by or in favour of or against such an authority,

shall, as from 1st April 1974, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority outside Greater London by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.

(4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.

(5) Subsection (3) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.

(6) Section 68 above shall apply for the purposes of Parts I and II, section 214(1)(b) and this Part of this Act as if any reference to an order under Part IV of this Act included a reference to any provision of Part I or II of this Act or to section 214(1)(b) of this Act or to any provision of any instrument made under Part I or II or this Part of this Act.

(7) A local authority to whom any charters or insignia of a borough abolished by Part I or II of this Act have been transferred by virtue of subsection (2)(a) above shall if practicable preserve them in the area of the borough as it existed immediately before 1st April 1974.

(8) An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.

(9) Any statutory instrument containing any other order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

255.—(1) Any of the following instruments under any of the provisions of this Act, that is to say an order under section 9, 10, 11, 27, 28 or 29, regulations or an order under section 67 or an order under section 198, 200, 201 or 254 may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2) In the case of any person who on 31st March 1974 is in the employment of one or more local authorities who are or include a council or municipal corporation which ceases to exist by virtue of section 1 or 20 above, the Secretary of State shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 1 or 20, that person would apart from the order cease on 1st April 1974 to be in such employment, that person is transferred on 1st April 1974 to the employment of such local authority as may be specified in or determined under the order.

(3) Any such order or regulations as is or are referred to in subsection (1) or (2) above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and
(b) the said new terms and conditions are such that—
(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
(ii) the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4) Subsections (2) and (3) above shall apply in relation to—

(a) a police authority,
(b) a burial board, joint burial board or joint committee which ceases to exist by virtue of section 214 above,
(c) any prescribed association of local authorities the constituent members of which include councils falling within subsection (2) above, and
(d) any prescribed association of committees of local authorities the constituent members of which include committees of councils falling within subsection (2) above,

as they apply in relation to a local authority who are a council which ceases to exist by virtue of section 1 or 20 above, but in their application to police authorities shall have effect as if any reference to a person in the employment of an authority were a reference to the civilian employees of a police authority.

(5) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

256.—(1) This section applies to a person if—

(a) at some time before 1st April 1974, or on that date but otherwise than by virtue of provision made by an order under section 255 above, he enters the employment of a new local authority (in this section referred to as 'his new employment'), and
(b) had he continued until 1st April 1974 in the employment (in this section referred to as 'his previous employment') which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of section 1 or 20 above, provision would have been made by an order under section 255(2) above for his transfer on that date to the employment of a specified local authority.

(2) Where this section applies to a person, then for the purposes of section 28 of the Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the Contracts of Employment Act 1972 (minimum periods of notice)—

(a) the period of employment in his previous employment shall count as a period of employment in his new employment, and
(b) the change of employment shall not break the continuity of the period of employment.

257.—(1) The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for England for the purpose of—

(a) considering and keeping under review the arrangements for the recruitment of staff by relevant authorities and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of this Act;
(b) considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of,

or of any instrument made under, this Act as may be referred to the commission by the Secretary of State; and

(c) advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.

(3) Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.

(4) In this section 'relevant authority' means a local authority within the meaning of the 1933 Act or this Act, a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, an association of local authorities or of committees of local authorities prescribed under section 255(4) above, or a Passenger Transport Executive, police authority, burial board or joint burial board.

258.—(1) The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for Wales for the purpose of—

(a) considering and keeping under review the arrangements for the recruitment of staff by relevant authorities, and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of this Act;
(b) considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of, or of any instrument made under, this Act as may be referred to the commission by the Secretary of State; and
(c) advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.

(3) Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.

(4) In this section 'relevant authority' means a local authority within the meaning of the 1933 Act or this Act, a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, an association of local authorities or of committees of local authorities prescribed under section 255(4) above, or a police authority, burial board or joint burial board.

259.—(1) The appropriate Minister shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.

(2) Regulations under this section may—

(a) include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,
(b) make different provision for different classes of persons and for other different circumstances and make or authorise the appropriate Minister to make exceptions and conditions,
(c) be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955.

(4) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the appropriate Minister shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.

(5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

260.—(1) In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 259(1) above, any person who—

(a) is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and
(b) attains or has attained the age of fifty on or before 31st March 1974, and
(c) fulfils such other conditions as may be prescribed,

may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 259 above shall not, apply to him.

(2) Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 259 above shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.

(3) Subject to subsection (4) below, the Secretary of State shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—

(a) at the date of his retirement he had attained the normal retiring age; and
(b) the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.

(4) Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.

(5) Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 259 above.

(6) In this section—

'normal retiring age' means—

(a) in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and
(b) in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either case, such other age as may be prescribed;

'reckonable service', in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme; and

'relevant superannuation scheme', in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

261.—(1) For the purposes of this section the Secretary of State may designate such body appearing to him to be representative of local authorities as he considers appropriate (in this section referred to as 'the advisory body') to consider any increase made or proposed to be made by an existing local authority outside Greater London in the remuneration of any of their employees.

(2) For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from new and existing local authorities outside Greater London; and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such local authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the local authority as may be so specified.

(3) If it appears to the advisory body that an existing local authority outside Greater London has fixed or proposes to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body considers appropriate for that employee or class of employees, they shall notify the local authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.

(4) If it appears to the advisory body that an existing local authority outside Greater London to whom they have made a recommendation under subsection (3) above are not complying with that recommendation, then, after giving notice in writing to the local authority concerned of their intention to do so, they may refer the matter to the Secretary of State, and on such a reference the Secretary of State, after consultation with such persons appearing to him to be representative of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that local authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (3) above and specified in the direction.

(5) It shall be the duty of any local authority to whom a direction is given under subsection (2) or subsection (4) above to comply with the direction.

(6) If at any time in the period of three months beginning on 1st April 1974 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority outside Greater London was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (3) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (4) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employees or class of employees concerned immediately before 1st April 1974, or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.

(7) On receiving a report under subsection (6) above the Secretary of State may, after such consultation as is specified in subsection (4) above, by order provide that, for the purposes of the provisions of this Act relating to transfer of officers and compensation for loss of office, the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 1st April 1974 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order, but no order shall be made under this subsection after the end of September 1974.

(8) Nothing in this section—

(a) shall apply to the remuneration payable to teachers by local education authorities, or
(b) shall empower the Secretary of State to give a direction requiring a local authority to pay any employee, or to make an order deeming any employee to have been receiving remuneration at a rate below that to which he was entitled on 8th March 1972.

262.—(1) Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1974 to, but only to, the area, things or persons to which or to whom it applies before that date;
(b) have effect subject to any necessary modifications and to the modifications made by subsections (3) to (5) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2) Subsection (1) above shall have effect subject to the provisions of—

(a) this Act, other than Part I of Schedule 29;
(b) any Act passed after this Act and before 1st April 1974; and
(c) any order made under section 254 above or the following provisions of this section.

(3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1974 or to their area there were substituted a reference to the authority by whom those functions are exercisable on and after that date or, as the case may be, to so much of the area of the latter authority as comprises the area of the former authority or any part thereof.

(4) In any local statutory provision to which this section applies and which does not fall within subsection (3) above—

(a) for any reference to an existing county or its council there shall be substituted a reference to so much of the new county or counties as comprises the area of the existing county or any part thereof or, as the case may be, the council of that new county or the councils of those new counties;
(b) for any reference to an existing county borough or county district or the council of either there shall be substituted a reference to so much of the new district or districts as comprises the area of the existing borough or district or any part thereof or, as the case may be, the council of that new district or the councils of those new districts.

(5) In any local statutory provision to which this section applies which has effect in an area in Wales and which does not fall within subsection (3) above—

(a) for any reference to a rural parish there shall be substituted a reference to the corresponding community;
(b) for any reference to the council of any such parish which has a council, whether separate or common, there shall be substituted a reference to the council of the corresponding community; and
(c) for any reference to the parish meeting of any such parish which has no council there shall be substituted a reference to the council of the new district which comprises the corresponding community.

(6) Subsections (3) to (5) above shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of any of those subsections where it would otherwise conflict with any provision of the order.

(7) So much of any local statutory provision—

(a) as confers functions on the Secretary of State with respect to the determination of tolls or other charges with respect to any fair, or
(b) as requires the submission to the Secretary of State of, or of proposals relating to, any scale of tolls or other charges with respect to any fair,

shall cease to have effect.

(8) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 254 above, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a) extend the provision throughout the new local government area in which it is continued in force;
(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;
(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;
(e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provision of this Act except section 254 above and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;
(f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(9) All local statutory provisions to which this subsection applies shall cease to have effect in metropolitan counties at the end of 1979 and elsewhere at the end of 1984, but—

(a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;
(b) the Secretary of State may from time to time by order postpone the date on which all the local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(10) An order under subsection (8) above which extends the area for which any local statutory provision is in force shall be provisional only.

(11) An instrument containing any other order under subsection (8) above or an order under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) This section applies to any local statutory provision which is in force wholly outside Greater London (except in the Isles of Scilly) and so much of any local statutory provision which is in force partly in Greater London as is in force outside Greater London, being in either case a provision in force immediately before 1st April 1974 and not expressly repealed or revoked by this Act, and subsection (9) above applies to any such local statutory provision of the following descriptions—

(a) a provision of a local Act, the Bill for which was promoted by a local authority;
(b) a provision of an Act confirming a provisional order made on the application of a local authority;
(c) a provision of an order made on such an application which was subject to special parliamentary procedure;

not being—

(i) a provision by virtue of which functions are exercisable by a joint board continued in existence by virtue of section 263 below,
(ii) a provision relating to a statutory undertaking,
(iii) a provision relating to any person's status, or the right of any person to be admitted, as a freeman of any place or the rights of any person by virtue of any relationship or association with such a freeman,
(iv) a protective provision for the benefit of any person, or
(v) a provision contained in the Green Belt (London and Home Counties) Act 1938 .

(13) In subsection (12) above 'local authority' means—

(a) the council of an administrative county, urban district or rural district;
(b) the municipal corporation of a borough acting by the council of that borough;
(c) any commissioners, trustees or other persons invested by any local Act with powers of town government or rating;
(d) any local board constituted in pursuance of the Public Health Act 1848 , the Local Government Act 1858 , the Local Government (1858) Amendment Act 1861 or the Local Government Amendment Act 1863 ; or
(e) without prejudice to the foregoing any body of persons constituted or designated as an urban or rural sanitary authority under the Public Health Act 1875 ;

and 'statutory undertaking' means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any telephone undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

263.—(1) Subject to the following provisions of this section, where an existing joint board, every constituent member of which is a local authority, was constituted by or under any enactment for exercising functions for any united district or other area (not being a port health district), then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the board shall continue to exist on and after 1st April 1974 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).

(2) Subsection (1) above shall not apply to a joint board constituted for an area which on 1st April 1974 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable; and accordingly in any such case—

(a) the functions of the board shall on 1st April 1974 become functions of that new local authority; and
(b) the joint board shall cease to exist on that date.

(3) Subject to the following provisions of this section, where a port health district was constituted by an order under Part I of the Public Health Act 1936 or an enactment replaced by that Part and an existing local authority or an existing joint board, every constituent member of which is a local authority, is the port health authority for that district, then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the district shall continue to exist as a port health district on and after 1st April 1974 and—

(a) if on that date a single new local authority will become the riparian authority in relation to that district, then on that date that authority shall become the port health authority for that district and any existing joint board constituted for that district shall cease to exist; and
(b) if on that date two or more new local authorities will become riparian authorities in relation to that district then, if the existing port health authority is a joint board, that board shall continue to exist and to be the port health authority for that district, but otherwise the new local authority whose area comprises or, as the case may be, abuts on the greater part of that district shall be the port health authority for that district.

(4) Any question as to which authority's area comprises or abuts on the greater part of a port health district shall be resolved by the Secretary of State.

(5) Any existing joint committee constituted under section 91 of the 1933 Act or by or under any other enactment for the purpose of exercising functions for an area which on 1st April 1974 will lie within the areas of two or more new local authorities by whom those functions would apart from this subsection become exercisable on that date shall, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, continue to exist on and after that date as if appointed under Part VI of this Act by those new authorities and shall exercise those functions for the area for which the committee exercised them before that date, without prejudice, however, to the power of those new authorities to make different arrangements for the discharge of those functions under that Part.

(6) The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 254 above.

(7) Subsections (1) and (2) above shall not apply to any area wholly situated in Greater London or to a joint board for such an area, or to a joint planning board for a National Park, and subsections (3) and (4) above shall not apply to the Port of London.

(8) The following provisions shall have effect for the construction of references to a local statutory provision to which section 262 above applies:—

(a) any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section;
(b) any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 1st April 1974 as comprises the united district or other area for which the board acted; and
(c) any reference to an existing local authority whose functions as port health authority become exercisable on 1st April 1974 by virtue of subsection (3) above by a new local authority, or any reference which is to be construed as such a reference, shall be construed as a reference to that new local authority.

(9) The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

264.—(1) In the case of each new principal area, the following existing local authorities, that is to say—

(a) in the case of a new county, the councils of any counties and county boroughs which will be wholly or partly included in that new county; and
(b) in the case of a new district, the councils of any county boroughs and county districts which will be wholly or partly included in that new district;

shall, as soon as practicable after the passing of this Act, establish a committee for the purpose of considering the matters mentioned in subsection (4) below.

(2) A committee established under this section shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State, and also—

(a) in the case of a committee relating to a new county, of such number of representatives of one or more of the councils of the existing county districts which will wholly or partly be included in the county as may be agreed between those councils and the authorities by whom the committee is established or, in default of agreement, as may be so determined; and
(b) in the case of a committee relating to a new district, of such number of representatives of the council or councils of the existing county or one or more of the existing counties which will wholly or partly be included in the district as may be agreed between that council or those councils and the authorities by whom the committee is established or, in default of agreement, as may be so determined.

(3) The members of a committee established under this section may co-opt other persons to serve as members of the committee in relation to all or to one or some of the matters mentioned in subsection (4) below.

(4) The matters referred to in subsections (1) and (3) above are—

(a) the proposed arrangements for the election of the principal council concerned;
(b) in the case of a district, its name;
(c) the operation of any local statutory provisions passed with respect to an area which, in whole or in part, is included in the principal area concerned;
(d) matters to be dealt with under sections 110, 254 and 257 or 258 above; and
(e) any other matter which it is expedient should be considered before the election of the principal council concerned in order to ensure the effective operation of that council on and after 1st April 1974.

(5) Any expenses incurred by a committee established under subsection (1) above shall be defrayed by the local authorities by whom the committee was established in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

265.—(1) There shall continue to be a council for the Isles of Scilly to be known as the Council of the Isles of Scilly.

(2) The Secretary of State may make an order providing for the constitution of the Council of the Isles of Scilly and otherwise for regulating the application of this Act to the Isles of Scilly and may on the application of the Council make an order providing for the exercise and performance there of any functions which are for the time being conferred or imposed on local authorities.

(3) Any order made under this section may—

(a) apply to the Isles of Scilly any other public general Act relating to local government;
(b) provide for the contribution by the Isles of Scilly to Cornwall County Council in respect of costs incurred by the county council on matters specified in the order as benefiting the Isles of Scilly;
(c) provide for all matters which appear to the Secretary of State necessary or proper for carrying the order into effect.

(4) Any order in force immediately before 1st April 1974 under section 292 of the 1933 Act (application of that Act to the Isles of Scilly) shall have effect as if made under this section and may be varied or revoked accordingly.

266.—(1) Any power to make orders, rules or regulations conferred on any Minister or the Treasury by any provision of this Act other than section 261 above or paragraph 3 of Schedule 3 or paragraph 2 of Schedule 5 to this Act shall be exercisable by statutory instrument.

(2) Any power to make an Order in Council or other order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.

267.—There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by any Minister under this Act; and
(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

268.—(1) The House of Commons Disqualification Act 1957 shall be amended in accordance with the following provisions of this section.

(2) In Part II of Schedule 1, in its application to the House of Commons of the Parliament of the United Kingdom, the following entries shall be inserted at the appropriate places in alphabetical order—

'The Local Government Boundary Commission for England;

The Local Government Boundary Commission for Wales;

The Staff Commission for England established under section 257 of the Local Government Act 1972;

The Staff Commission for Wales established under section 258 of the Local Government Act 1972'.

(3) In Part III of Schedule 1, in its application to the House of Commons of the Parliament of the United Kingdom, the following entries shall be inserted at the appropriate places in alphabetical order—

'Assistant Commissioner appointed under Part IV of the Local Government Act 1972; Registration Officer appointed under Part III of the Local Government Act 1972'.

(4) In Part III of Schedule 1, both in its application to the House of Commons of the Parliament of the United Kingdom and in its application to the Senate and House of Commons of Northern Ireland, in the entry relating to local government officers, the following words shall cease to have effect, that is to say—

(a) in the sub-entry beginning 'Clerk or deputy clerk', the words 'of the council of a county in England and Wales, of the Greater London Council or' and the words 'England and Wales or'; and
(b) in the sub-entry beginning 'Town clerk or deputy town clerk', the words 'of the City of London, of a borough in England and Wales or'.

269. In every provision of this Act other than sections 1 and 20 above, in every Act passed on or after 1st April 1974, and in every instrument made on or after that date under any enactment (whether passed before, on or after that date), 'Wales', subject to any alteration of boundaries made under section 62 above, means the area consisting of the counties established by the said section 20 and 'England' does not include any area included in any of those counties.

270.—(1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

'appropriate Minister', in relation to the making of an order or regulation or the giving of a direction with respect to any matter, means the Minister in charge of any Government department concerned with that matter; but the validity of any order, regulation or direction purporting to be made or given by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

'bank holiday break' means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday;

'Christmas break' means the period beginning with the last week day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday;

'the City' means the City of London;

'Commission', without more, means the English Commission or the Welsh Commission and 'the Commissions' means both those Commissions;

'Common Council' means the Common Council of the City;

'county', without more, means, in relation to England, a metropolitan county or a non-metropolitan county;

'district', without more, means, in relation to England, a metropolitan district or a non-metropolitan district;

'Easter break' means the period beginning with the Thursday before and ending with the Tuesday after Easter Day;

'electoral area' means any area for which councillors are elected to any local authority;

'English Commission' has the meaning assigned to it by section 46 above;

'existing', in relation to a local government or other area or a local authority or other body, except in sections 1 and 20 above, means that area or body as it existed immediately before the passing of this Act;

'financial year' means the period of twelve months ending with 31st March in any year;

'grouped', in relation to a parish or community, means grouped by or by virtue of any provision of this Act or any previous corresponding enactment under a common parish or community council, and 'grouping order' shall be construed accordingly;

'land' includes any interest in land and any easement or right in, to or over land;

'local authority' means a county council, the Greater London Council, a district council, a London borough council or a parish or community council:

'local government area' means—

(a) in relation to England, a county, Greater London, a district, a London borough or a parish;
(b) in relation to Wales, a county, district or community;

'local government elector' means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

'local statutory provision' means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

'new', in relation to any area or authority, means an area or authority established by or under this Act;

'1933 Act' means the Local Government Act 1933 ;

'1963 Act' means the London Government Act 1963 ;

'prescribed' means prescribed by regulations made by the Secretary of State;

'principal area' means a county, Greater London, a district or a London borough;

'principal council' means a council elected for a principal area;

'public body' includes—

(a) a local authority and a joint board on which, and a joint committee on which, a local authority or parish meeting are represented;
(b) any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, for the supply of water to any place, or for providing or maintaining a cemetery or market in any place; and
(c) any other authority having powers of levying or issuing a precept for any rate for public purposes;

and 'district' means, in relation to a public body other than a local authority, the area for which the public body acts;

'special community review' means a review under paragraph 1 of Schedule 10 to this Act;

'specified papers', in relation to a parish or community, means the public books, writings and papers of the parish or community (including any photographic copies thereof) and all documents directed by law to be kept therewith;

'the Temples' means the Inner Temple and the Middle Temple;

'Welsh Commission' has the meaning assigned to it by section 53 above.

(2) In this Act and in any other enactment, whether passed before, at the same time as, or after this Act, the expression 'non-metropolitan county' means any county other than a metropolitan county, and the expression 'non-metropolitan district' means any district other than a metropolitan district.

(3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4) In any provision of this Act which applies to a London borough, except Schedule 2 to this Act,—

(a) any reference to the chairman of the council or of any class of councils comprising the council or to a member of a local authority shall be construed as or, as the case may be, as including a reference to the mayor of the borough;
(b) any reference to the vice-chairman of the council or any such class of councils shall be construed as a reference to the deputy mayor of the borough; and
(c) any reference to the proper officer of the council or any such class of councils shall be construed as a reference to the proper officer of the borough.

(5) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

271.—(1) Nothing in this Act shall affect the boundary of the area—

(a) for the supply of electricity of any Area Board within the meaning of the Electricity Act 1947 ; or
(b) for the supply of water by a company, being statutory water undertakers within the meaning of the Water Act 1945 .

(2) Nothing contained in, or done by virtue of, any provision of this Act other than section 253 or section 254(2)(b) shall affect the functions of the conservators of any common.

(3) The provisions of Part I of this Act shall not affect the continuance of the Confederation of the Cinque Ports.

(4) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of Her Royal Prerogative.

(5) Except as provided by Part X of this Act, nothing in this Act shall prejudice any right, duty or privilege of Her Majesty in right of the Duchy of Lancaster.

272.—(1) The enactments specified in Schedule 30 to this Act (which include enactments that were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) Without prejudice to section 38(1) of the Interpretation Act 1889 , where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 252, 254, 255, 259 or 262 of this Act, references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

273.—(1) The provisions of this Act to which this subsection applies shall, except so far as brought into force earlier by an order under subsection (2) below, come into force on 1st April 1974.

(2) The Secretary of State may by order appoint an earlier date for the coming into force of any provision to which subsection (1) above applies and different days may be appointed under this subsection for different purposes and, in particular, different days may be so appointed for the coming into force of the same provision in different areas.

(3) Subsection (1) above applies to the following provisions of this Act, that is to say—

sections 13, 16(1) and (3) and 17;

section 40;

section 48(8) and (9);

section 50(4) to (7);

sections 53 to 59 and Schedule 8;

section 62;

section 75;

section 89(6);

section 100;

Parts VI to XI, except as provided by subsections (4) and (5) below;

section 251 and Schedule 29;

section 262(3) to (7);

section 272 and Schedule 30;

paragraphs 5 to 9 and 10(2) of Schedule 6;

in Schedule 12, Parts II and III, and Part VI so far as applicable to parish councils.

(4) Subsection (1) above shall not apply to the following provisions of Parts VI to XI of this Act, that is to say—

sections 104 and 106;

section 110;

section 117;

section 138;

section 169;

section 181(3) to (9) and (11);

so much of section 183 as confers a power to make or direct the making or amendment of development plan schemes and so much of section 182 as applies to the interpretation of the provisions relating to such schemes;

section 186(6) and (7);

section 190(4);

section 192(3);

section 196(6) to (9);

section 197(2) and (3);

section 198(3) and (4);

section 200;

section 201(3) and (4);

section 202(4) to (8);

section 205;

section 207(2) to (8);

section 215(4);

section 220(4);

section 232;

section 242;

section 243;

paragraph 27(2) of Schedule 13 and so much of section 172 as relates thereto.

(5) Without prejudice to section 37 of the Interpretation Act 1889 , any provision of Part IX or X of this Act—

(a) which empowers or requires any person to make any arrangements or any instrument with respect to the exercise of functions under any such provision or with respect to the setting up of any body of persons or the appointment of persons to any office or employment with a view to exercising any such functions or with respect to the deployment of officers in connection with the exercise of such functions;
(b) which empowers or requires any person to give directions, take steps or make representations with respect to any such arrangements or instrument; or
(c) which amends or applies any enactment which empowers or requires any person to make any such arrangements or instrument;

shall come into force so as to enable those functions to be exercised in accordance with the arrangements or instrument on 1st April 1974.

(6) Sections 80 to 90, 92, 93, 104 and 106 above shall not apply to the Greater London Council or members of that council before the day on which the councillors of that council elected at the first ordinary elections of such councillors after the passing of this Act come into office.

(7) Sections 80 to 90, 92, 104 and 106 above shall not apply to a London borough council or the members of any such council before 1st April 1974.

(8) The following provisions shall have effect with respect to parish councils in England and the members of such councils:—

(a) sections 44(4) and 91 above shall not apply to them before 1st April 1974;
(b) sections 80 to 90, 92, 104 and 106 above shall not apply to them before the day on which parish councillors elected at those elections come into office; and
(c) sections 94 to 98 above shall not apply to them before 1st April 1974.

(9) Part V of this Act shall not apply to existing parish councils in Wales or to members of such councils.

(10) Sections 104 and 106 above shall not apply to members of the Common Council before the day on which any common councilmen elected at the first ordinary election of common councilmen after the passing of this Act come into office.

274.—(1) This Act may be cited as the Local Government Act 1972 .

(2) Except for section 268 above, paragraph 35 of Schedule 29 to this Act and the repeals made by this Act in the House of Commons Disqualification Act 1957 and any enactment amending that Act, this Act shall not extend to Scotland.

(3) Except for section 268 above and the said repeals, this Act shall not extend to Northern Ireland.

Schedule 1 : Counties and metropolitan districts in England[edit]

Part I : Metropolitan counties and metropolitan districts[edit]

(1)
Name of county
(2)
Area by reference to existing administrative areas
Greater Manchester
Wigan MB

District (a)

The county borough of Wigan.

In the administrative county of Lancaster—

  • the borough of Leigh;
  • the urban districts of Abram, Apsull, Atherton, Hindley, Ince-in-Makerfield, Orrell, Standish-with-Langtree and Tyldesley;
  • the urban district of Ashton-in-Makerfield except the ward in Merseyside;
  • the urban district of Golborne, except the wards in Cheshire;
  • in the urban district of Billinge-and-Winstanley, the Billinge Higher End ward and the Winstanley ward except the detatched parts;
  • in the rural district of Wigan, the parishes of Haigh, Shevington and Worthington.
Bolton MB

District (b)

The county borough of Bolton.

In the administrative county of Lancaster—

  • the borough of Farnworth;
  • the urban districts of Blackrod, Horwich, Kearsley, Little Lever and Westhoughton;
  • in the urban district of Turton, the Bradshaw North, Bradshaw South, Bromley Cross and Eagley wards and so much of the Egerton ward as lies south of the boundary referred to in paragraph 3 of Part III of this Schedule.
Bury MB

District (c)

The county borough of Bury.

In the administrative county of Lancaster—

  • the boroughs of Prestwich and Radcliffe;
  • the urban districts of Tottington and Whitefield;
  • in the urban districts of Ramsbotom, the Central, East, South and West wards.
Rochdale MB

District (d)

The county borough of Rochdale.

In the administrative county of Lancaster—

  • the boroughs of Heywood and Middleton;
  • the urban districts of Littleborough, Milnrow and Wardle.
Salford MB

District (e)

The county borough of Salford.

In the administrative county of Lancaster—

  • the boroughs of Eccles and Swinton and Pendlebury;
  • the urban districts of Irlam and Worsley
Manchester MB

District (f)

The county borough of Manchester.

In the administrative county of Chester, in the rural district of Bucklow, the parish of Ringway.

Oldham MB

District (g)

The county borough of Oldham.

In the administrative county of Lancaster, the urban districts of Chadderton, Crompton, Failsworth, Lees and Royton.

In the administrative county of Yorkshire, West Riding, the urban district of Saddleworth.

Trafford MB

District (h)

In the administrative county of Chester—

  • the boroughs of Altrincham and Sale
  • the urban districts of Bowdon and Hale
  • in the rural district of Bucklow, the parishes of Carrington, Dunham Massey, Partington and Warburton

In the administrative county of Lancaster—

  • the borough of Stretford
  • the urban district of Urmston
Stockport MB

District (j)

The county borough of Stockport.

In the administrative county of Chester, the urban districts of Bredbury and Romiley, Cheadle and Gatley, Hazel Grove and Bramhall and Marple.

Tameside MB

District (k)

In the administrative county of Chester—

  • the boroughs of Dukinfield, Hyde and Stalybridge
  • the urban district of Longdendale

In the administrative county of Lancaster—

  • the boroughs of Ashton-under-Lyne and Mossley
  • the urban districts of Audenshaw, Denton and Droylsden
Merseyside
Sefton MB

District (a)

The county boroughs of Bootle and Southport.

In the administrative counties of Lancaster—

  • the borough of Crosby;
  • the urban districts of Formby and Litherland;
  • in the rural district of West Lancashire, the parishes of Aintree, Ince Blundell, Maghull, Melling, Netherton, Sefton and Thornton, so much of the parish of Altcar as lies west of the line for the time being of the centre of the Downholland Brook, and so much of the parish of the parish of Lydiate as lies south of the line for the time being of the centre of the Lydiate Brook, the north channel being taken where the Brook divides.
Liverpool MB

District (b)

The county borough of Liverpool.

District (c)
St Helens MB

The county borough of St. Helens.

In the administrative county of Lancaster—

  • the urban districts of Haydock, Newton-le-Willows and Rainford;
  • the urban district of Billinge-and-Winstanley except the areas in Greater Manchester;
  • in the urban district of Ashton-in-Makerfield, the South ward;
  • in the rural district of Whiston, the parishes of Eccleston, Rainhill and Windle, and the parish of Bold, except the area in Cheshire.
Knowsley MB

District (d)

In the administrative county of Lancaster—

  • the urban districts of Huyton-with-Roby, Kirkby and Prescott;
  • the rural districts of Whiston except the areas in district (c) and Cheshire;
  • in the rural district of West Lancashire, the parish of Simonswood.
Wirral MB

District (e)

The county boroughs of Birkenhead and Wallasey.

In the administrative county of Chester—

  • the borough of Bebington
  • the urban districts of Hoylake and Wirral
South Yorkshire
Barnsley MB

District (a)

The county borough of Barnsley.

In the administrative county of Yorkshire, West Riding—

  • the urban districts of Cudworth, Darfield, Darton, Dearne, Dodworth, Hoyland Nether, Penistone, Royston, Wombwell and Worsborough;
  • the rural district of Penistone;
  • in the rural district of Hemsworth, the parishes of Billingley, Brierley, Great Houghton, Little Houghton and Shafton;
  • in the rural district of Wortley, the parishes of Tankersley and Wortley.
Doncaster MB

District (b)

The county borough of Doncaster.

In the administrative county of Yorkshire, West Riding—

  • the urban districts of Adwick le Street, Bentley with Arksey, Conisbrough, Mexborough and Tickhill;
  • the rural districts of Doncaster and Thorne

In the administrative county of Nottinghamshire—

  • in the rural district of East Retford, the parish of Finningley;
  • in the rural district of Worksop, in the parish of Harworth, the North ward, so much of the East ward as lies east and north of Ordnance Survey parcels 4800, 4749, 5136, 8630, and the detatched part of the West ward which includes the hamlet of Hesley.
Sheffield MB

District (c)

The county borough of Sheffield.

In the administrative county of Yorkshire, West Riding—

  • the urban district of Stocksbridge
  • in the rural district of Wortley, the parishes of Bradfield and Ecclesfield
Rotherham MB

District (d)

The county borough of Rotherham.

In the administrative county of Yorkshire, West Riding—

  • the urban districts of Maltby, Rawmarsh, Swinton and Wath upon Dearne;
  • the rural districts of Kiveton Park and Rotherham
Tyne and Wear
Newcastle MB

District (a)

The county borough of Newcastle upon Tyne.

In the administrative county of Northumberland—

  • the urban districts of Gosforth and Newburn;
  • in the rural district of Castle Ward, the parishes of Brunswick, Dinnington, Hazelregigg, North Gosforth and Woolsington;
  • The Moot Hall and Precints, Newcastle upon Tyne.
North Tyneside MB

District (b)

The county borough of Tynemouth.

In the administrative county of Northumberland—

  • the borough of Wallsend;
  • so much of the borough of WHitley Bay as lies south of the boundary referred to in paragraph 4 of Part III of this schedule;
  • the urban district of Longbenton;
  • in the urban district of Seaton Valley, the wards of Backworth, Earsdon and Shiremoor.
Gateshead MB

District (c)

The county borough of Gateshead.

In the administrative county of Durham—

  • the urban districts of Blaydon, Felling, Ryton and Whickham;
  • in the rural district of Chester-le-Street, the parish of Lamesley and the parish of Birtley except the part in district (e).
South Tyneside MB

District (d)

The county borough of South Shields.

In the administrative county of Durham—

  • the borough of Jarrow;
  • the urban districts of Boldon and Hebburn.
Sunderland MB

District (e)

The county borough of Sunderland.

In the administrative county of Durham—

  • the urban districts of Hetton, Houghton-le-Spring and Washington;
  • in the rural district of Chester-le-Street, so much of the parishes of Birtley, Harraton and South Biddick as lies within the designated area of Washington New Town and also so much of the said parish of Harraton as lies west of that designated area and north of the bounary referred to in paragraph 5 of Part III of this Schedule;
West Midlands
Wolverhampton MB

District (a)

The county borough of Wolverhampton.

Walsall MB

District (b)

The county borough of Walsall.

In the administrative county of Staffordshire, the urban district of Aldridge-Brownhills.

Dudley MB

District (c)

The county borough of Dudley.

In the administrative county of Worcestershire, the boroughs of Halesowen and Stourbridge.

Sandwell MB

District (d)

The county boroughs of Warley and West Bromwich.

Birmingham MB

District (e)

The county borough of Birmingham.

In the administrative county of Warwickshire, the borough of Sutton Coldfield.

Solihull MB

District (f) The county borough of Solihull.

In the administrative county of Warwickshire—

  • in the rural district of Meriden, the parishes of Balsall, Barston, Berkswell, Bickenhill, Castle Bromwich, Chelmsley Wood, Fordbridge, Hampton in Arden, Kingshurt and Meriden;
  • in the rural district of Stratford-on-Avon, the parish of Hockley Heath.
Coventry MB

District (g)

The county borough of Coventry.

In the administrative county of Warwickshire, in the rural district of Meriden, the parishes of Allesley and Keresley.

West Yorkshire
Bradford MB

District (a)

The county borough of Bradford.

In the administrative county of Yorkshire, West Riding—

  • the borough of Keighley;
  • the urban districts of Baildon, Bingley, Denholme, Ilkley, Shipley and Silsden;
  • the urban district of Queensbury and Shelf, except the wards in district (c);
  • in the rural district of Skipton, the parishes of Addingham, Kildwick and Steeton with Eastburn.
Leeds MB

District (b)

The county borough of Leeds.

In the administrative county of Yorkshire, West Riding—

  • the boroughs of Morley and Pudsey;
  • the urban districts of Aireborough, Garforth, Horsforth, Otley and Rothwell;
  • in the rural district of Tadcaster, the parishes of Aberford, Austhorpe, Barwick in Elmet and Scholes, Great and Little Preston, Ledsham, Ledston, Lotherton cum Aberford, Mickefield, Parlington, Sturton Grange and Swillington;
  • in the rural district of Wetherby, the parishes of Bardsey cum Rigton, Boston Spa, Bramham cum Oglethorpe, Clifford, Collingham, East Keswick, Harewood, Scarcroft, Thorner, Thorp Arch, Walton, Wetherby and Wothersome;
  • in the rural district of Wharfedale, the parishes of Arthington, Bramhope, Carlton and Pool.
Calderdale MB

District (c)

The county borough of Halifax.

In the administrative county of Yorkshire, West Riding—

  • the boroughs of Brighouse and Todmodern;
  • the urban districts of Elland, Hebden Royd, Ripponden and Sowerby Bridge;
  • in the urban district of Queensbury and Shelf, the wards of Shelf East and Shelf West;
  • the rural district of Hepton.
Kirklees MB

District (d)

The county boroughs of Dewsbury and Huddersfield.

In the administrative county of Yorkshire, West Riding—

  • the boroughs of Batley and Spenborough;
  • the urban districts of Colne Valley, Denby Dale, Heckmondwike, Holmfirth, Kirkburton, Meltham and Mirfield.
Wakefield MB

District (e)

The county borough of Wakefield.

In the administrative county of Yorkshire, West Riding—

  • the boroughs of Castleford, Ossett and Pontefract;
  • the urban districts of Featherstone, Hemsworth, Horbury, Knottingley, Normanton and Stanley;
  • the rural district of Wakefield;
  • the rural district of Hemsworth; except the parishes in North Yorkshire and South Yorkshire;
  • in the rural district of Osgoldcross, the parishes of Darrington and East Hardwick.

Part II : Non-metropolitan counties[edit]

(1)


Name of county

(2)


Area by reference to existing administrative areas

Avon The county boroughs of Bath and Bristol.

In the administrative county of Gloucestershire—

  • the urban districts of Kingswood and Mangotsfield
  • the rural district of Warmley;
  • the rural district of Sodbury, except the parish of Alderley;
  • the rural district of Thurnbury, except the parishes of Alkington, Berkeley, Ham and Stone, Hamfallow and Hinton.

In the administrative county of Somerset—

  • the borough of Weston-super-Mare;
  • the urban districts of Clevedon, Keynsham, Norton-Radstock and Portishead;
  • the rural districts of Bathavon and Long Ashton;
  • in the rural Axbridge, the parishes of Banwell, Bleadon, Butcome, Churchill, Congresbury, Hutton, Kewstoke, Locking, Puxton, Wick St. Lawrence, Winscombe and Wrington, so much of the parish of Loxton as lies north of the line for the time being of the centre of the river Axe and so much of the parishes of Blagdon and Burrington as lies north of the boundary referred to in paragraph 6 of Part III of this Schedule;
  • in the rural district of Clutton, the parishes of Cameley, Chelwood, Chew Magna, Chew Stoke, Clutton, Farmborough, Farrington Gurney, High Littleton, Hinton Blewett, Nempnett Thrubwell, Norton Malreward, Paulton, Publow, Stanton Drew, Stowey-Sutton and Timsbury and so much of the parishes of East Harptree, West Harptree, Compton Martin and Ubley as lies north of the boundary referred to in paragraph 6 of Part III of this Schedule;
  • the unannexed area adjacent to the urban district of Keynsham;
  • Steep Holme Island.
Bedfordshire The county borough of Luton.

The administrative county of Bedford.

Berkshire The county borough of Reading.

The administrative county of Berkshire, except the areas in Oxfordshire.

In the administrative county of Buckingham—

  • the borough of Slough;
  • the urban district of Eton;
  • in the rural district of Eton, the parishes of Datchet, Horton and Wraysbury, the Britwell ward of the parish of Burnham and so much of the parish of Wexham as lies south of the boundary referred to in paragraph 7 of Part III of this Schedule.
Buckinghamshire The administrative county of Buckingham, except the areas in Berkshire.
Cambridgeshire The administrative counties of Cambridgeshire and Isle of Ely and Huntingdon and Peterborough.
Cheshire The county boroughs of Chester and Warrington.

The administrative county of Chester, except the areas in Derbyshire, Greater Manchester and Merseyside.

In the administrative county of Lancashire—

  • the borough of Widnes;
  • in the urban district of Golborne, the wards of Culceth and Newchurch;
  • the rural district of Warrington;
  • in the rural district of Whiston, the parish of Hale and so much of the parish of Bold as lies within the designated area of Warrington New Town
Cleveland The county boroughs of Hartlepool and Teesside.

In the administrative county of Durham, the rural district of Stockton.

In the administrative county of Yorkshire, North Riding—

  • the urban districts of Guisborough, Loftus, Saltburn and Marske-by-the-Sea and Skelton and Brotton;
  • in the rural district of Stokesley, the parishes of Castlelevington, Hilton, Ingleby Barwick, Kirklevington, Maltby, Nunthorpe and Yarm.
Cornwall The administrative county of Cornwall.
Cumbria The county boroughs of Barrow-in-Furness and Carlisle.

The administrative counties of Cumberland and Westmorland.

In the administrative county of Lancaster—

  • the urban districts of Dalton-in-Furness, Grange and Ulverston;
  • the rural district of North Lonsdale.

In the administrative county of Yorkshire, West Riding, the rural district of Sedbergh.

Derbyshire The county borough of Derby.

The administrative county of Derbyshire.

In the administrative county of Chester, the rural district of Tintwistle.

Devon The county boroughs of Exeter, Plymouth and Torbay.

The administrative county of Devon.

Dorset The county borough of Bournemouth.

The administrative county of Dorset.

In the administrative county of Hampshire—

  • the borough of Christchurch;
  • in the rural district of Ringwood and Fordingbridge, the parishes of Hurn and St. Leonards and St. Ives, so much of the parish of Christchurch East as lies west of the boundary referred to in paragraph 8 of Part III of this Schedule and so much of the parish of Sopley as lies west of the boundary referred to in paragraph 9 of Part III of this Schedule.
Durham The county borough of Darlington.

The administrative county of Durham, except the areas in Cleveland and Tyne and Wear.

In the administrative county of Yorkshire, North Riding, the rural district of Startforth.

East Sussex The county boroughs of Brighton, Eastbourne and Hastings.

The administrative county of East Sussex, except the areas in West Sussex.

Essex The county borough of Southend-on-Sea.

The administrative county of Essex.

Gloucestershire The county borough of Gloucester.

The administrative county of Gloucestershire, except the areas in Avon.

Hampshire The county boroughs of Portsmouth and Southampton.

The administrative county of Hampshire, except the areas in Dorset.

Hereford and Worcester The county borough of Worcester.

The administrative county of Herefordshire.

The administrative county of Worcestershire, except the boroughs in West Midlands.

Hertfordshire The administrative county of Hertfordshire.
Humberside The county boroughs of Grimsby and Kingston upon Hull.

The administrative county of Yorkshire, East Riding, except for the areas in North Yorkshire.

In the administrative county of Lincoln, Parts of Lindsey—

  • the boroughs of Cleethorpes and Scunthorpe;
  • the urban districts of Barton-upno-Humber and Brigg;
  • the rural districts of Glanford Brigg, Grimsby and Isle of Axholme.

In the administrative county of Yorkshire, West Riding—

  • the borough of Goole;
  • the rural district of Goole.
Isle of Wight The administrative county of Isle of Wight.
Kent The county borough of Canterbury.

The administrative county of Kent.

Lancashire The county boroughs of Blackburn, Blackpool, Burnley and Preston.

The administrative county of Lancaster, except the areas in Cheshire, Cumbria, Greater Manchester and Merseyside.

In the administrative county of Yorkshire, West Riding—

  • the urban districts of Barnoldswick and Earby;
  • the rural district of Bowland;
  • in the rural district of Skipton, the parishes of Bracewell, Brogden and Salterforth.
Leicestershire The county borough of Leicester.

The administrative counties of Leicestershire and Rutland.

Lincolnshire The county borough of Lincoln.

The administrative counties of Lincoln, Parts of Holland and Lincoln, Parts of Kesteven.

The administrative county of Lincoln, Parts of Lindsey, except the areas in Humberside.

Norfolk The county boroughs of Great Yarmouth and Norfolk.

The administrative county of Norfolk.

In the administrative county of East Suffolk, in the rural district of Lothingland, the parishes of Belton, Bradwell, Burgh Castle, Fritton and Hopton-on-Sea, so much of the parish of Herringfleet as lies north of the boundary referred to in paragraph 10 of Part III of this Schedule and so much of the parish of Corton as lies north of the boundary referred to in paragraph 11 of that Part.

North Yorkshire The county borough of York.

The administrative county of Yorkshire, North Riding, except the areas in Cleveland and Durham.

In the administrative county of Yorkshire, East Riding—

  • the urban districts of Filey and Norton;
  • the rural districts of Derwent and Norton;
  • in the rural district of Bridlington, the parishes of Folkton, Hunmanby, Muston and Reighton.

In the administrative county of Yorkshire, West Riding—

  • the boroughs of Harrogate and Ripon;
  • the urban districts of Knaresborough, Selby and Skipton;
  • the rural districst of Nidderdale, Ripon and Pately Bridge, Selby and Settle;
  • the rural districts of Osgoldcross, Tadcaster, Wetherby and Wharfedale, except the parishes in West Yorkshire;
  • the rural district of Skipton, except the parishes in Lancashire and West Yorkshire;
  • in the rural district of Hemsworth, the parishes of Kirk Smeaton, Little Smeaton and Walden Stubbs.
Northamptonshire The county borough of Northampton.

The administrative county of Northamptonshire.

Northumberland The administrative county of Northumberland, except the areas in Tyne and Wear.
Nottinghamshire The county borough of Nottingham.

The administrative county of Nottinghamshire, except the areas in South Yorkshire.

Oxfordshire The county borough of Oxford.

The administrative county of Oxford.

In the administrative county of Berkshire—

  • the boroughs of Abingdon and Wallingford;
  • the urban district of Wantage;
  • the rural districts of Abingdon, Faringdon and Wallingford;
  • in the rural district of Wantage, the parishes of Ardington, Blewbury, Childrey, Chilton, Denchworth, East Challow, East Hanney, East Hendred, Goosey, Grove, Harwell, Letcome Bassett, Letcombe Regis, Lockinge, Sparsholt, Upton, West Challow, West Hanney and West Hendred.
Salop The administrative county of Salop.
Somerset The administrative county of Somerset, except the areas in Avon.
Staffordshire The county boroughs of Burton upon Trent and Stoke-on-Trent.

The administrative county of Staffordshire, except the urban district in West Midlands.

Suffolk The county borough of Ipswich.

The administrative county of East Suffolk, except the areas in Norfolk.

The administrative county of West Suffolk.

Surrey The administrative county of Surrey, except the areas in West Sussex.
Warwickshire The administrative county of Surrey, except the areas in West Midlands.
West Sussex The administrative county of West Sussex.

In the administrative county of East Sussex—

  • the urban districts of Burgess Hill, Cuckfield and East Grinstead;
  • the rural district of Cuckfield.

In the administrative county of Surrey, in the rural district of Dorking and Horley, the parish of Charlwood, except the detached part, and so much of the parish of Horley as lies south of the boundary referred to in paragraph 12 of Part III of this Schedule.

Wiltshire The administrative county of Wiltshire.

Part III: Rules as to boundaries[edit]

1. The boundaries of the new local government areas shall be mered by Ordnance Survey.

2. Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the Local Government Act 1958 or section 6 of the 1963 Act by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.

3. The boundary dividing the Egerton ward of the urban district of Turton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Delph Brook to the end of the Reservoir Dam, thence to Blackburn Road north of Moss Cottages and thence north-eastwards to the ward boundary.

4. The boundary dividing the borough of Whitley Bay referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the access road to Hartley West Farm, Hartley Lane, West End, the northern boundaries of Ordnance Survey parcels 0057, 2657 and 4156 and thence north-eastwards to the boundary of the borough.

5. The boundary in the parish of Harraton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the link road C8 between Western Highway and Vigo Lane.

6. The boundary dividing the parishes of East Harptree, West Harptree, Compton Martin, Ubley, Blagdon and Burrington referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine generally between the 500 ft. and 800 ft. contours on the northern slopes of the Mendip Hills to the vicinity of Burrington Camp and thence westwards to the boundary of the parish of Burrington.

7. The boundary dividing the parish of Wexham referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the northern and eastern boundaries of Wexham Hospital, Wexham Park Lane, the eastern and southern boundaries of Ordnance Survey parcels 49, 48a, 31, 32, 33, 15, 14 and 13, Church Lane and Uxbridge Road southwestwards from Church Lane.

8. The boundary dividing the parish of Christchurch East referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line from the neighbourhood of Barrett's Copse to the River Mude in the neighbourhood of Waterhouse Farm and thence along that river downstream to the parish boundary.

9. The boundary dividing the parish of Sopley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Avon.

10. The boundary dividing the parish of Herringfleet referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Blocka Lane, Blocka Road, Herringfleet Road, the southern boundaries of Ordnance Survey parcels 105B, 80, 77 and 78, and thence to the parish boundary.

11. The boundary dividing the parish of Corton referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of an extension eastwards of the southern boundary of the parish of Hopton-on-Sea.

12. The boundary dividing the parish of Horley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Mole, Burstow Stream, the railway from Horley to Earlswood and Crossoak Lane.

Part IV: Divided parishes[edit]

1. The following areas shall be parishes, that is to say—

(a) the part of the existing parish of Altcar in Lancashire;
(b) the part of the existing parish of Altcar in Merseyside;
(c) the part of the existing parish of Birtley in district (c) in Tyne and Wear;
(d) the part of the existing parish of Blagdon in Avon;
(e) the part of the existing parish of Bold in Merseyside;
(f) the part of the existing parish of Burnham in Berkshire;
(g) the part of the existing parish of Burnham in Buckinghamshire;
(h) the part of the existing parish of Burrington in Avon;
(i) the parts of the existing parishes of Charlwood and Horley in Surrey;
(j) the part of the existing parish of Charlwood in West Sussex;
(k) the part of the existing parish of Christchurch East in Dorset;
(l) the part of the existing parish of Christchurch East in Hampshire;
(m) the part of the existing parish of Compton Martin in Avon;
(n) the part of the existing parish of Corton in Suffolk;
(o) the part of the existing parish of East Harptree in Avon;
(p) the part of the existing parish of Harraton in Durham;
(q) the part of the existing parish of Harworth in Nottinghamshire;
(r) the part of the existing parish of Herringfleet in Suffolk;
(s) the part of the existing parish of Horley in West Sussex;
(t) the part of the existing parish of Loxton in Avon;
(u) the part of the existing parish of Lydiate in Merseyside;
(v) the part of the existing parish of Sopley in Hampshire;
(w) the part of the existing parish of South Biddick in Durham;
(x) the part of the existing parish of Ubley in Avon;
(y) the part of the existing parish of West Harptree in Avon;
(z) the part of the existing parish of Wexham in Berkshire; and
(za) the part of the existing parish of Wexham in Buckinghamshire.

2.—(1) The part of the existing parish of Bold in Cheshire shall be added to the parish of Great Sankey.

(2) The parts of the existing parishes of Blagdon, Burrington, Compton Martin, East Harptree, Ubley and West Harptree in Somerset shall be added to the parish of Priddy.
(3) The part of the existing parish of Corton in Norfolk shall be added to the parish of Hopton-on-Sea.
(4) The part of the existing parish of Harworth in South Yorkshire shall be added to the parish of Bawtry.
(5) The part of the existing parish of Herringfleet in Norfolk shall be added to the parish of Fritton.
(6) The part of the existing parish of Loxton in Somerset shall be added to the parish of East Brent.
(7) The part of the existing parish of Lydiate in Lancashire shall be added to the parish of Downholland.
(8) The part of the existing parish of Sopley in Dorset shall be added to the parish of Hurn.

3. The parts of the existing parishes of Birtley, Harraton and South Biddick in district (e ) in Tyne and Wear shall cease to be in any parish.

4. Paragraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.

Part V: Constitution of Parishes by Reference to existing Urban District and Borough Boundaries[edit]

1.—(1) The English Commission shall consult the councils of existing counties, boroughs and urban districts and the committees established under section 264(1)(b ) above with a view to making proposals to the Secretary of State for the constitution of parishes each of which has a boundary coterminous with that of—

(a) an existing urban district or borough, the area of which is not divided by or under section 1 above between two or more districts, or
(b) so much of an existing urban district or borough, the area of which is so divided, as is wholly comprised in a single district, and for naming those parishes.
(2) The Secretary of State may give the Commission directions for their guidance in making any such proposals.

2.—(1) The Secretary of State shall by order give effect to any proposals under paragraph 1 above, either as made to him or with modifications, but except in so far as any such order specifies part of the boundary of a district as part of the boundary of a parish no such order may specify for a parish a boundary different from that of an existing urban district or borough.

(2) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3. The constitution of an area as a parish under this Part of this Schedule shall not affect—

(a) the continued existence, subject to section 1(10) above, of the borough or urban district the area of which or of part of which is co-extensive with that of the parish, or
(b) the power to make changes in local government areas under Part IV above.

4. In this Part of this Schedule 'borough' does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.

Schedule 2 : Constitution and membership of Greater London Council and London borough councils[edit]

Schedule 3: Establishment of new authorities in England[edit]

Division of non-metropolitan counties into districts

1.—(1) The English Commission shall as soon as practicable after the passing of this Act make proposals to the Secretary of State for the division of non-metropolitan counties into districts, for defining the areas of those districts and for naming them, and the Secretary of State may give the commission directions for their guidance ni making any such proposals.

(2) The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifcations, but an order shall not be made under this paragraph unless a draft of the order has been approved by resolution of each House of Parliament.

(3) An order under this paragraph shall, notwithstanding that it applies only to one or some of the non-metropolitan counties, proceed in Parliament as if its provisions would, apart from this paragraph, require to be enacted by a public Bill.

County and district councillors

2. Elections of councillors of the new principal councils shall be held on dates in 1973 fixe by the Secretary of State by order and the persons elected at these elections shall come into office on the fourth day after the day of election.

3.

4.—(1) Of the district councillors elected under paragraph 2 above for any ward of a non-metropolitan district—

(a) one-third shall retire in 1975, being, subject to sub-paragraphs (2) and (3) below, those elected by the smallest number of votes;
(b) one-third shall retire in 1976, being, subject to sub-paragraphs (2) and (3) below, those elected by the next smallest number of votes; and
(c) the remainder shall retire in 1978;

in each case on the fourth day after the ordinary day of election of such councillors in the year of retirement.

(2) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person or persons to retire in that year shall be determined by lot.

(3) If an election of district councillors under paragraph 2 above for any ward of a metropolitan district is not contested the person or persons to retire in each such year shall be determined by lot.

(4)

Schedule 4: Local government areas in Wales[edit]

Part I: Counties[edit]

(1)
Name of county
(2)
Area by reference to existing administrative areas
Clwyd The administrative county of Flintshire.

The administrative county of Denbigh, except the parts to be comprised in the county of Gwynedd.

In the administrative county of Merioneth, the rural district of Edeyrnion.

Dyfed The administrative counties of Cardiganshire, Carmarthenshire and Pembroke.
Gwent The county borough of Newport.

The administrative county of Monmouthshire except the parst to be comprised in the counties of Mid Glamorgan and South Glamorgan.

In the administrative county of Brecon:—

  • the urban district of Brynmawr;
  • in the rural district of Crickhowell, the parish of Llanelly.
Gwynedd The administrative counties of Anglesey and Caernarvon.

The administrative county of Merioneth except the rural district of Edeyrnion.

In the administrative county of Denbigh:—

  • the urban district of Llanrwst
  • in the rural district of Aled, the parish of Llansantffraid Glan Conway;
  • in the rural district of Haraethog, the parishes of Eglwysbach, Llanddoget, Llanrwst Rural and Tir Ifan.
Mid Glamorgan The county borough of Merthyr Tydfil.

In the administrative county of Glamorgan:—

  • the borough of Rhondda;
  • the urban districts of Aberdare, Bridgend, Caerphilly, Gelligaer, Maesteg, Mountain Ash, Ogmore and Garw, Pontypridd and Porthcawl;
  • the rural districts of Llantrisant and Llantwit Fardre and Penybont;
  • in the rural district of Cardiff, the parishes of Llanfedw, Llanilterne, Pentyrch, Rhydygwern, Rudry and Van;
  • in the rural district of Cowbridge, the parishes of Llanharan, Llanharry, Llanilid and Peterstone-super-Montem;
  • in the rural district of Neath, the parish of Rhigos.

In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parishes of Penderyn and Vaynor.

In the administrative county of Monmouthshire:—

  • the urban districts of Bedwas and Machen and Rhymney;
  • in the urban district of Bedwellty, the Aberbargoed, Cymsyfiog, New Tredegar and Phillipstown wards.
Powys The administrative counties of Montgomeryshire and Radnorshire.

The administrative county of Brecon except the parts to be comprised in the counties of Gwent and Mid Glamorgan.

South Glamorgan The county borough of Cardiff.

In the administrative county of Glamorgan:—

  • the boroughs of Barry and Cowbridge;
  • the urban district of Panarth;
  • the rural district of Cardiff except the parishes of Llanfedw, Llanilterne, Pentyrch, Rhydygwern, Rudry and Van;
  • the rural district of Cowbridge except the parishes of Llanharan, Llanharry, Llanilid and Peterston-super-Montem.

In the administrative county of Monmouthshire, in the rural district of Magor and St. Mellons, the parish of St. Mellons.

West Glamorgan The county borough of Swansea.

In the administrative county of Glamorgan:—

  • the boroughs of Neath and Port Talbot
  • the urban districts of Glyncorrwg and Llwchwr;
  • the rural districts of Gower and Pontardawe;
  • the rural district of Neath except the parish of Rhigos.

Part II: Districts[edit]

(1)
Name of county
(2)
Reference
number
of
district
(3)>
Area of district by reference to existing administrative areas.
Clwyd C1 In the administrative county of Denbigh:—
  • the borough of Colwyn Bay;
  • the urban district of Abergele;
  • the rural districts of Aled and Hiraethog except the parts to be comprised in district GD.4
C2 In the administrative county of Flintshire:—
  • the rurban districts of Prestatyn and Rhyl;
  • the rural district of St. Asaph.
C3 In the administrative county of Flintshire:—
  • the borough of Flint;
  • the urban districts of Holywell and Mold;
  • the rural district of Holywell.
C4 In the administrative county of Flintshire:—
  • the urban districts of Buckley and Connah's Quay;
  • the rural district of Hawarden except the part to be comprised in districts C6.
C5 In the administrative county of Denbigh:—
  • the boroughs of Denbigh and Ruthin;
  • the urban district of Llangolen;
  • the rural districts of Ceiriog and Ruthin;
  • in the rural district of Wrexham, the parishes of Llangollen Rural and Llantysilo.

In the administrative county of Merioneth, the rural district of Edeyrnion.

C6 In the administrative county of Denbigh:—
  • the borough of Wrexham;
  • the rural district of Wrexham except the parts to be comprised in district C.5

In the administrative county of Flintshire:—

  • the rural district of Maelor;
  • in the rural district of Hawarden, the parish of Marford and Hoseley.
Dyfed D1 In the administrative county of Cardiganshire:—
  • the boroughs of Aberystwyth, Cardigan and Lampeter;
  • the urban districts of Aberaeron and New Quay;
  • the rural districts of Aberaeron, Aberystwyth, Teifiside and Tregaron.
D2 In the administrative county of Pembroke:—
  • the borough of Haverfordwest;
  • the urban districts of Fishguard and Goodwick, Milford Haven and Neyland;
  • the rural districts of Camaes and Haverfordwest.
D3 In the administrative county of Pembroke:—
  • the boroughs of Pembroke and Tenby;
  • the urban district of Narberth;
  • the rural districts of Narberth and Pembroke.
D4 In the administrative county of Carmarthenshire:—
  • the borough of Carmarthen;
  • the urban district of Newcastle Emlyn;
  • the rural districts of Carmarthen and Newcastle Emlyn.
D5 In the administrative county of Carmarthenshire:—
  • the boroughs of Kidwelly and Llanelli;
  • the urban district of Burry Port;
  • the rural district of Llanelli.
D6 In the administrative county of Carmarthenshire:—
  • the borough of Llandovery;
  • the urban districts of Ammanford, Cwmamman and Llandeilo;
  • the rural district of Llandeilo.
Gwent GT1 The county borough of Newport.

In the administrative county of Monmouthshire:—

  • the urban district of Caerleon;
  • the rural district of Magor and St. Mellons except the parts to be comprised in districts GT.4 and SG.1.
GT2 In the administrative county of Monmouthshire:—
  • the urban districts of Abercarn, Mynysddislwyn and Risca;
  • the urban district of Bedwellty except the parts to be comprised in district MG.5.
GT3 In the administrative county of Monmouthshire, the urban districts of Abertillery, Ebbw Vale, Nantyglo and Blaina and Tredegar.

In the administrative county of Brecon:—

  • the urban district of Brynmawr;
  • in the rural district of Crickhowell, the parish of Llanelly.
GT4 In the administrative county of Monmouthshire:—
  • the urban districts of Blaenavon, Cwmbran and Pontypool;
  • in the rural district of Magor and St. Mellons, the parish of Henllys;
  • in the rural district of Pontypool, the parish of Llanfrechfa Lower.
GT5 In the administrative county of Monmouthshire:—
  • the boroughs of Abergavenny and Monmouth;
  • the urban districts of Chepstow and Usk;
  • the rural districts of Abergavenny, Chepstow and Monmouth;
  • the rural district of Pontypool except the part to be comprised in district GT.4.
Gwynedd GD1 In the administrative county of Anglesey:—
  • the borough of Beaumaris;
  • the urban districts of Amlwch, Holyhead, Llangefni and Menai Bridge;
  • the rural districts of Aethwy, Twrcelyn and Valley.
GD2 In the administrative county of Caernarvon:—
  • the borough of Pwllheli;
  • the urban districts of Criccieth and Pothmadog;
  • the rural district of Lleyn;
  • in the rural district of Gwyrfai, the parishes of Beddgelert and Clynnog;
GD3 In the administrative county of Caernarvon:—
  • the boroughs of Bangor and Caernarvon;
  • the urban district of Bethesda;
  • the rural district of Ogwen;
  • the rural district of Gwyrfai except the parts to be comprised in district GD.2.
GD4 In the administrative county of Caernarvon:—
  • the borough of Conwy;
  • the urban districts of Betws-y-Coed, Llandudno, Llanfairfechan and Penmaenmawr;
  • the rural district of Nant Conway.

In the administrative county of Denbigh:—

  • the urban district of Llanrwst;
  • in the rural distrct of Aled, the parish of Llansantffraid Glan Conway;
  • in the rural district of Hiraethog, the parishes of Eglwysbach, Llanddoget, Llanwrst Rural and Tir Ifan.
GD5 In the administrative county of Merioneth:—
  • the urban districts of Bala, Barmouth, Dolgellau, Ffestiniog and Tywyn;
  • the rural districts of Deudrath, Dolgellau and Penllyn
Mid Glamorgan MG1 In the administrative county of Glamorgan:—
  • the urban district of Bridgend, Maesteg, Ogmore and Garw and Porthcawl;
  • the rural district of Pentybont.
MG2 In the administrative county of Glamorgan, the borough of Rhondda.
MG3 In the administrative county of Glamorgan:—
  • the urban districts of Aberdare and Mountain Ash;
  • in the rural district of Neath, the parish of Rhigos;

In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Penderyn.

MG4 The county borough of Merthyr Tydfil.

In the administrative county of Glamorgan, in the urban district of Galligaer, the Bedlinog ward.

In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Vaynor.

MG5 In the administrative county of Glamorgan:—
  • the urban district of Caerphilly except the Taff's Well ward;
  • the urban district of Gelligaer except the Bedlinog ward;
  • in the rural district of Cardiff, the parishes of Llanfedw, Rhydygwen, Rhudry and Van.

In the administrative county of Monmouthshire:—

  • the urban districts of Bedwas and Machen and Rhymney;
  • in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards.
MG6 In the administrative county of Glamorgan:—
  • the urban district of Pontypridd;
  • the rural district of Llantrisant and Llantwit Fardre;
  • in the urban district of Caerphilly, the Taff's Well ward;
  • in the rural district of Cardiff, the parishes of Llantilterne and Pentyrch;
  • in the rural district of Cowbridge, the parishes of Llanharan, Llanharry, Llanilid and Peterstone-super-Montem.
Powys P1 In the administrative county of Montgomeryshire:—
  • the boroughs of Llanfyllin, Llanidloes, Montgomery and Welshpool;
  • the urban districts of Machynlleth and Newtown and Llanllwchaiarn;
  • the rural districts of Forden, Llanflyllin, Machynlleth and Newton and Llanidloes.
P2 In the administrative county of Radnorshire:—
  • the urban districts of Knighton, Llandindod Wells and Presteigne;
  • the rural districts of Colwyn, Knighton, New Radnor, Painscastle and Rhyader.
P3 In the administrative county of Brecon:—
  • the borough of Brecon;
  • the urban districts of Builth Wells, Hay and Llanwrtyd Wells;
  • the rural districts of Brecknock, Builth, Hay and Ystradgynlais;
  • the rural district of Crickhowell except the part to be comprised in district GT.3
  • in the rural district of Vaynor and Penderyn, the parish of Ystradfellte.
South Glamorgan SG1 The county borough of Cardiff.

In the administrative county of Glamorgan, in the rural district of Cardiff, the parishes of Lisvane, Llanedeyrn, Radyr, St. Fagans and Tongwynlais.

In the administrative county of Monmouthshire, in the rural district of Magor and St. Mellons, the parish of St. Mellons.

SG2 In the administrative county of Glamorgan:—
  • the boroughs of Barry and Cowbridge;
  • the urban district of Penarth;
  • the rural district of Cardiff except the parts to be comprised in districts MG.5, MG.6 and SG.1;
  • the rural district of Cowbridge except the part parts to be comprised in district MG.6.
West Glamorgan WG1 The county borough of Swansea.

In the administrative county of Glamorgan, the rural district of Gower.

WG2 In the administrative county of Glamorgan:—
  • the urban district of Llwchwr;
  • the rural district of Pontardawe.
WG3 In the administrative county of Glamorgan:—
  • the borough of Neath;
  • the rural district of Neath except the part to be comprised in district MG.3.
WG4 In the administrative county of Glamorgan:—
  • the borough of Port Talbot;
  • the urban district of Glyncorrwg.

Part III: Communities differing from existing local government areas[edit]

Part IV: Rules as to boundaries[edit]

Schedule 5: Establishment of new authorities in Wales[edit]

Schedule 6: Amendment and modification of election law[edit]

Schedule 7: Constitution and proceedings of the Local Government Boundary Commission for England[edit]

Schedule 8: Constitution and proceedings of the Local Government Boundary Commission for Wales[edit]

Schedule 9: Initial review of electoral arrangements in England[edit]

Schedule 10: Initial reviews in Wales[edit]

Schedule 11: Rules to be observed in considering electoral arrangements[edit]

Schedule 12: Meetings and proceedings lof local authorities[edit]

Part I: Principal councils[edit]

Part II: Parish councils[edit]

Part III: Parish meetings[edit]

Part IV: Community councils[edit]

Part V: Community meetings[edit]

Part VI: Provisions relating to local authorities generally[edit]

Schedule 13: Loans and other financial provisions[edit]

Part I: Borrowing, lending and funds[edit]

Part II: Amendments with respect to finance and rating=[edit]

Schedule 14: Amendment and modification of Public Health Acts, etc.[edit]

Part I: The Public Health Act 1936[edit]

Part II: Other enactments[edit]

Schedule 15: Amendment and modification of enactments relating to water and sewage[edit]

Schedule 16[edit]

Schedule 17[edit]

Schedule 18[edit]

Schedule 19[edit]

Schedule 20[edit]

Schedule 21[edit]

Schedule 22[edit]

Schedule 23[edit]

Schedule 24[edit]

Schedule 25[edit]

Schedule 26 : Cemeteries and crematoria[edit]

Schedule 27[edit]

Schedule 28: Borough civil courts to be abolished[edit]

  • Abingdon Court of Record
  • Andover Court of Record
  • Arundel Court of Record
  • Banbury Court of Record
  • Barnstaple Court of Record
  • Basingstoke Court of Record
  • Bath Court of Record
  • Beaumaris Court of Record
  • Beccles Fen Court
  • Bedford Court of Pleas
  • Beverley Court of Record
  • Bewdley Court of Record
  • Bideford Court of Record
  • Birmingham Borough Court
  • Blanford Forum Court of Record
  • Bodmin Court of Record
  • Boston Court of Record
  • Brecon Court of Record
  • Bridgwater Court of Record
  • Birdport Court of Record
  • Bristol Mayor's Court
  • Buckingham Three Weeks Court
  • Bury St. Edmunds Court of Record
  • Cambridge Court of Pleas
  • Canterbury Mayor's Court
  • Cardiff Court of Record
  • Carlisle Mayor and Bailiff's Court
  • Chester Courts of Portmote and of Pentice and Passage
  • Chichester Court of Record
  • Chipping Norton Court of Record
  • Clitheroe Borough Court
  • Colchester Law Hundred and Foreign Courts
  • Congleton Court of Record
  • Conway Court Baron
  • Coventry Court of Record
  • Dartmouth Court of Record
  • Daventry Court of Record
  • Deal Court of Record
  • Denbigh Court of Pleas
  • Derby Court of Record
  • Devizes Court of Record
  • Doncaster Court of Pleas
  • Dorchester Court of Record
  • Dover Court of Record
  • Droitwich Court of Record
  • Evesham CoR
  • Exeter CoR
  • Falmouth Court of Pleas and Record
  • Faversham Portmote Court
  • Folkestone CoR
  • Gloucester CoR
  • Godmanchester Court of Pleas
  • Grantham CoR
  • Gravesend CoR
  • Great Grimsby Mayor's Court
  • Great Torrington CoR
  • Great Yarmouth Borough Court
  • Guildford CoR
  • Hartlepool Court of Pie Poudre, etc.
  • Harwick Court of Pleas
  • Hastings CoR
  • Haverfordwest Intrinsical Court
  • Hedon Court of Pleas
  • Helston CoR
  • Hereford Mayor's Court
  • Hertford CoR
  • High Wcome CoR
  • Huntingdon Court of Pleas
  • Hythe CoR
  • Ipswich Court of Small Please
  • King's Lynn Guildhall Court
  • Kingston upon Thames CoR
  • Kirkby-in-Kendal CoR
  • Lancaster Borough Court of Pleas
  • Launceston CoR
  • Leicester CoR
  • Leominster CoR
  • Lichfield CoR
  • Lincoln Borough Mote Court and Court for Foreigners
  • Liskead Court of Record
  • Llandovery Bailiff's Court
  • Lyme Regis Court of Hustings
  • Macclesfield Hundred Court
  • Maidenhead Court of Record
  • Maidstone Court of Please
  • Marlborough Mayor's or King's Court
  • Monmouth Borough Court
  • Neath Court of Pleas
  • Newark CoR
  • Newbury Court of Record
  • Newcastle-under-Lyme Court of Record
  • Newcastle upon Tyne Burgess and Non-Burgess Courts
  • Newport (Isle of Wight) Court of Record
  • Newport (Monmouthshire) Court of Record
  • Northampton Court of Record
  • Norwich Court of Pleas
  • Nottingham Court of Record
  • Oxford Court of Husting
  • Oxford Mayor's Court
  • Pembroke Mayor's Fortnight Court
  • Penryn Court of Record
  • Penzance Court of Record
  • Plymouth Mayor's Court
  • Pontefract Courts
  • Poole Court of Record
  • Portsmouth Court of Record
  • Preston Court of Pleas
  • Reading Borough Court of Pleas
  • Retford (East) Court of Record
  • Ripon Borough Court
  • Rochester Court of Portmote
  • Romsey Court of Record
  • Ruthin Court of the Lordship
  • St. Albans Court of Record
  • St. Ives (Cornwall) Court of Record
  • Salisbury Bishop's Court
  • Scarborough Court of Pleas
  • Shaftesbury Court of Record
  • Shrewsbury Court of Record
  • Southampton Court of Record
  • Southwark Court of Record
  • Southwold Court of Record
  • Stafford Court of Record
  • Stockport Court of Portmanimote
  • Stratford-upon-Avon Court of Record
  • Swansea Court of Record
  • Tamworth Court of Record
  • Tenby Court of Record
  • Totnes Court of Record
  • Truro Court of Record
  • Wallingford Court of Record
  • Walsall Court of Record
  • Wells Court of Record
  • Welshpool Court of Record
  • Weymouth and Melcome Regis Court of Record
  • Wigan Court of Pleas
  • Winchester City Town Court
  • Windsor Record Court
  • Worcester Court of Record
  • York Court of Record

Schedule 28[edit]

Schedule 30: Repeals[edit]

This legislation is licensed under the United Kingdom Open Government Licence v1.0.
You are free to:
  • copy, publish, distribute and transmit the Information;
  • adapt the Information;
  • exploit the Information commercially for example, by combining it with other Information, or by including it in your own product or application.
You must, where you do any of the above:
  • acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence;
  • ensure that you do not use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information;
  • ensure that you do not mislead others or misrepresent the Information or its source;
  • ensure that your use of the Information does not breach the Data Protection Act 1998 or the Privacy and Electronic Communications (EC Directive) Regulations 2003.