SCHEDULES
SCHEDULE 1
Section 1
COUNTIES AND METROPOLITAN DISTRICTS IN ENGLAND
PART I
METROPOLITAN COUNTIES AND METROPOLITAN DISTRICTS
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Greater Manchester | District (a)
The county borough of Wigan.
In the administrative county of Lancaster -
the borough of Leigh;
the urban districts of Abram, Aspull, Atherton, Hindley, Ince-in-Makerfield, Orrell, Standish-with-Langtree and Tyldesley;
the urban district of Ashton-in-Makerfleld, 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 detached parts;
in the rural district of Wigan, the parishes of Haigh, Shevington and Worthington.
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, Bradsbaw 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.
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 district of Ramshottom, the Central, East, South and West wards.
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.
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[page 229]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Greater Manchester - cont. | 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.
District (f)
The county borough of Manchester.
In the administrative county of Chester, in the rural district of Bucklow, the parish of Ringway.
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.
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.
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.
District (k)
In the administrative county of Chester -
the boroughs of Dukinfield, Hyde and StaIybridge;
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.
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[page 230]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Merseyside | District (a)
The county boroughs of Bootle and Southport.
In the administrative county 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 eentre of the Downholland Brook, and so much 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.
District (b)
The county borough of Liverpool.
District (c)
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.
District (d)
In the administrative county of Lancaster -
the urban districts of Huyton-with-Roby, Kirkby and Prescot;
the rural district of Whiston except the areas in district (c) and Cheshire;
in the rural district of West Lancashire, the parish of Simonswood.
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.
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| South Yorkshire | 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 Worsbrough;
the rural district of Penistone;
in the rural district of Hemsworth, the parishes of Billingley, Brierley, Great Houghton, Little Houghton and Shafton;
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[page 231]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| South Yorkshire - cont. |
in the rural district of Wortley, the parishes of Tankersley and Wortley.
District (b)
The county borough of Doncaster.
In the administrative county of Yorkshire, West Riding -
the urban districts of Adwick Ie Street, Bentley with Arksey, Conisbrough, Mexborough and Tickhill;
the rural districts of Doncaster and Thome.
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 and 8630, and the detached part of the West ward which includes the hamlet of Hesley.
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.
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.
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| Tyne and Wear | District (a)
The county borough of Newcastle upon Tyne.
In the administrative county of Northumberland -
the urban districts of Gosforth and Newhurn;
in the rural district of Castle Ward, the parishes of Brunswick, Dinnington, Hazlerigg, North Gosforth and Woolsington;
the Moot Hall and Precincts, Newcastle upon Tyne.
District (b)
The county borough of Tynemouth.
In the administrative county of Northumberland -
the borough of WaUsend;
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 Hackworth, Earsdon and Shiremoor.
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[page 232]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Tyne and Wear - cont. | 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).
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.
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 lie 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 boundary referred to in paragraph 5 of Part III of this Schedule;
in the rural district of Easington, the parishes of Burdon and Warden Law.
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| West Midlands | District (a)
The county borough of Wolverhampton.
District (b)
The county borough of Walsall.
In the administrative county of Staffordshire, the urban district of Aldridge-Brownhills.
District (c)
The county borough of Dudley.
In the administrative county of Worcestershire, the boroughs of Halesowen and Stourbridge.
District (d)
The county boroughs of Warley and West Bromwich.
District (e)
The county borough of Birmingham.
In the administrative county of Warwickshire, the borough of Sutton Coldfield.
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, Kingsburst and Meriden;
in the rural district of Stratford-on-Avon, the parish of Hockley Heath.
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[page 233]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| West Midlands - cont. | District (g)
The county borough of Coventry.
In the administrative county of Warwickshire, in the rural district of Meriden, the parishes of AlIesley and Keresley. |
| West Yorkshire | District (a)
The county borough of Bradford.
In the administrative county of Yorksbire, 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.
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, Micklefield, 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, Scareroft, Thorner, Thorp Arch, Walton, Wetherby and Wothersome;
in the rural district of Wharfedale, the parishes of Arthington, Bramhope, Carlton and Pool.
District (c)
The county borough of Halifax.
In the administrative county of Yorkshire, West Riding -
the boroughs of Brighouse and Todmorden;
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.
District (d)
The county boroughs of Dewsbury and Huddersfield.
In the administrative county of Yorkshire, West Riding -
the boroughs of Batley and Spenborough;
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[page 234]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| West Yorkshire - cont. |
the urban districts of Colne Valley, Denby Dale, Heckmondwike, Holmfirth, Kirkburton, Meltham and Mirfield.
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.
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PART II
NON-METROPOLITAN COUNTIES
(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 Thornbury, 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 district of Axbridge, the parishes of Banwell, Bleadon, Butcombe, 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 Blagden 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
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[page 235]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Avon - cont. |
Gurney, High Littleton, Hinton Blewett, Nempnett Thruhwell, Norton Malreward, Paulton, Publow, Stanton Drew, Stowey-Sutton and Timsbury and so much of the parishes of East Harptree, West Harptree, Compton Martin and UhIey 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 Keynsbam;
Steep Holme Island.
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| 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.
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| 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 Lancaster -
the borough of Widnes;
in the urban district of Golborne, the wards of Culcbeth 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.
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| 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;
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[page 236]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Cleveland - cont. |
in the rural district of Stokesley, the parishes of Castlelevington, Hilton, Ingleby Barwick, Kirklevington, Malthy, 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.
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| 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. |
[page 237]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| 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 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-upon-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.
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| 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.
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| 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. |
[page 238]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Norfolk | The county boroughs of Great Yarmouth and Norwich.
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, Hunmanhy, 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 districts of Nidderdale, Ripon and Pateley 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.
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| 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; |
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(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Oxfordshire - cont. | in the rural district of Wantage, the parishes of Ardington, Blewbury, Childrey, Chilton. Denchworth, East Challow,· East Hanney, East Hendred, Goosey.. Grove, Harwell, Letcombe 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 Warwickshire, 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. |
[page 240]
PART III
RULES AS TO BOUNDARIES
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 (c. 55) 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 500ft, and 800ft, 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.
[page 241]
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 PARlSHES
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;
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(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 Blagden, 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 Down holland.
(8) The part of the existing parish of Sopley in Dorset shall be added to the parish of Hum.
3. The parts of the existing parishes of Birtley, Harraton and South Biddiek 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
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.
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(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
Section 8
CONSTITUTION AND MEMBERSHIP OF GREATER LONDON COUNCIL AND LONDON BOROUGH COUNCILS
PART I
Constitution
1 (1) For Greater London there shall be a council consisting of a chairman and councillors and the council shall be a body corporate by the name of the Greater London Council and shall have all such functions as are vested in them by this Act or otherwise.
(2) For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.
Chairman and mayor
2 (1) The chairman of the Greater London Council and the mayor of a London borough shall be elected annually by the council from among the councillors.
(2) The chairman or mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman or mayor.
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(3) During his term of office the chairman or mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
(4) The Greater London Council may pay the chairman, and a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the chairman or mayor to meet the expenses of his office.
(5) The mayor of a London borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty's royal prerogative.
Election of chairman and mayor
3 (1) The election of the chairman or mayor shall be the first business transacted at the annual meeting of the Greater London Council or a London borough council.
(2) If, apart from paragraph 2(3) above or paragraph 4(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 sub-paragraph (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.
Vice-chairman and deputy chairman of Greater London Council
4 (1) The Greater London Council may appoint a member of the council to be vice-chairman of the Council and another member to be deputy chairman thereof.
(2) The vice-chairman or deputy chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of the 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 Schedule relating to the retirement of councillors.
(3) Subject to any standing orders made by the Greater London Council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman or deputy chairman.
(4) The Greater London Council may pay the vice-chairman and deputy chairman such allowance as the Council think reasonable for the purpose of enabling each of them to meet the expenses of his office.
Power of mayor of London borough to appoint deputy
5 (1) The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a
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newly elected mayor becomes entitled to act as mayor (whether or not be continues until that time to be a councillor).
(2) The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.
(3) The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.
(4) A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.
Term of office and retirement of councillors
6 (1) Councillors of the Greater London Council and London borough councillors shall be elected by the local government electors for Greater London or the borough, as the case may be, in accordance with this Act and Part I of the Representation of the People Act 1949 (c. 68).
(2) The ordinary election of councillors of the Greater London Council shall take place in 1973 and every third year thereafter, their term of office shall be three years, they shall retire together in every such third year 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.
(3) The ordinary election of London borough councillors shall take place in 1974 and every third year thereafter, their term of office shall be three years and they shall retire together in every such third year 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) In 1974 the ordinary day of election of London borough councillors shall be the first Thursday in May.
Electoral divisions and wards
7 (1) Subject to the following provisions of this paragraph, for the purposes of the election of councillors -
(a) Greater London shall be divided into electoral divisions, each returning one councillor;
(b) every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under Part IV of this Act;
and there shall be a separate election for each electoral division or ward.
(2) Until provision is made as mentioned in sub-paragraph (1)(b) above by an order under Part IV of this Act, the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.
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(3) So much of section 1(4) of the 1963 Act as limits the number of councillors of a London borough to 60 shall cease to have effect.
8. This Part of this Schedule shall have effect subject to the provisions of Part II below.
PART II
Aldermen
9 (1) The offices of alderman of the Greater London Council and alderman of a London borough shall cease to exist on the relevant date, as defined in sub-paragraph (2) below, but until that date the following provisions of this Part of this Schedule shall have effect.
(2) In this Part of this Schedule 'the relevant date', -
(a) in relation to the Greater London Council, means the fourth day after the ordinary day of election of councillors of the Greater London Council in 1976 or such other year as may be specified for the purposes of this sub-paragraph in an order under section 8(2) above, and
(b) in relation to a London borough, means the fourth day after the ordinary day of election of London borough councillors in 1977 or such other year as may be so specified.
10 (1) The aldermen of the Greater London Council and of a London borough shall be elected by the Council or, as the case may be, by the council of the borough, from among the councillors or persons qualified to be councillors.
(2) The number of aldermen shall be one-sixth of the whole number of councillors, or if that number is not divisible by six, of the highest number below that number which is so divisible.
(3) If a person holding either the office of councillor or the office of alderman is elected to and accepts the other of those offices, the first office shall thereupon become vacant.
11 (1) An ordinary election of aldermen shall be held in 1973 in the case of the Greater London Council, and in 1974 in the case of a London borough.
(2) Except in so far as aldermen are required to retire in accordance with sub-paragraph (3) below, the term of office of aldermen of the Greater London Council or of a London borough who either hold that office at the passing of this Act or are elected thereto after the passing of this Act shall expire at the relevant date.
(3) In the year in which an ordinary election of aldermen of the Greater London Council or a London borough is held in accordance with sub-paragraph (1) above, one-half as near as may be of the whole number of aldermen of that Council or borough, namely those who have been aldermen for the longest time without re-election, shall retire immediately after the election of the new aldermen, who shall come into office on that day.
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12 (1) The election of aldermen in accordance with paragraph 11(1) above shall be held at the annual meeting of the Greater London Council or, as the case may be, the London borough council, and shall take place immediately after the election of the chairman or mayor.
(2) An alderman shall not, as such, vote at the election of an alderman.
(3) Every person entitled to vote may vote for any number of persons, not exceeding the number of vacancies to be filled, by signing and delivering at the meeting to the person presiding at the meeting a voting paper containing the full names and places of residence and descriptions of the persons for whom he votes.
(4) The person presiding at the meeting shall, as soon as all the voting papers have been delivered to him, proceed to ascertain the result of the voting and state the number of votes given to each person and shall then deliver the voting papers to the proper officer of the council, to be kept for six months.
(5) In the case of an equality of votes, the person presiding at the meeting shall give a casting vote, whether or not be voted or was entitled to vote in the first instance.
(6) The person presiding at the meeting shall declare to be elected as many persons as there are vacancies to be filled, being the persons who receive the greatest numbers of votes, or if fewer persons than those vacancies receive votes, all !the persons who receive votes.
(7) If fewer persons than those vacancies receive votes, an election to fill the remaining vacancies shall be held at the next ordinary meeting of the council.
(8) The minutes of the proceedings of the meeting shall include the full names and places of residence and descriptions of the persons for whom votes were given and the names of the persons by whom they were given respectively.
13 (1) Until the relevant date, Part I above shall have effect subject to the following provisions of this paragraph.
(2) Paragraph 1 above shall have effect as if -
(a) after the word 'chairman', in sub-paragraph (1), and
(b) after the word 'mayor', in sub-paragraph (2),
there were inserted the word 'aldermen'.
(3) Paragraphs 2(1) and 5(1) above shall have effect as if any reference therein to a councillor included a reference to an alderman.
(4) An outgoing alderman shall not, as such, vote at the election of the chairman of the Greater London Council or of the mayor of a London borough.
14. The Secretary of State may by order make such amendments of provisions of this Act, other than this Schedule, which refer to aldermen as seem to him appropriate to remove those references with effect from the relevant date.
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SCHEDULE 3
Section 18
ESTABLISHMENT OF NEW AUTHORITIES IN ENGLAND
Division of non-metropolitan counties into districts
1 (1) The English Commission shall as soon as practicable alter 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 in 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 modifications, but an order shall not be made under this paragraph defining the areas of non-metropolitan districts 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 fixed 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 (1) For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.
(2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 6(2}(a) above shall not apply to any such election.
(3) An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.
4 (1) Of the district councillors elected under paragraph 2 above for any ward of a metropolitan district -
(a) one-third shall retire in 1975, being, subject to subparagraphs (2) and (3) below, those elected by the smallest numbers of votes;
(b) one-third shall retire in 1976, being, subject as aforesaid, those elected by the next smallest numbers 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.
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(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) Where under this paragraph any question is to be determined by lot, the lot shall be drawn at the next practicable 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.
First elections and meetings of new councils
5 (1) At the first elections of councillors for a new principal area the returning officer shall be an officer of the council appointed by such existing county, borough or urban or rural district council as the Secretary of State may by order designate and not a person appointed under section 41 above.
(2) Section 42(5) above shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of any such election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned 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.
(3) In relation to any such election "the appropriate officer" in Parts II and III of the Representation of the People Act 1949 (c. 68) means the returning officer appointed under this paragraph instead of having the meaning assigned to that expression by section 55(6)(b) of that Act.
6 (1) For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any new principal area under section 83 above before the first meeting of that council, the clerk of an existing authority designated by the committee established for the area under section 264 above shall be deemed to be and shall act as the proper officer of the council.
(2) Any such declaration delivered by virtue of this paragraph to the said clerk shall be transferred by him to the custody of the proper officer of the new council on the appointment of the latter.
7 (1) The first meeting of each new principal council shall be held within 21 days immediately following the day of election and shall be treated as the annual meeting of the council for 1973.
(2) The meeting shall be convened by the clerk, of an authority designated by the committee established for the area of the new council under section 264 above and shall be held at such place as he may appoint instead of such place as the council may direct as required by paragraph 4(1) of Schedule 12 to this Act.
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(3) The notice of the meeting required by paragraph 4(2) of that Schedule shall be published at the place where the meeting is to be held instead of at the council's offices and the summons to attend the meeting required by that paragraph shall be signed by the said clerk instead of by the proper officer of the council.
8 (1) Until the completion of the election of a chairman at the first meeting of a new principal council, persons designated by the committee established for the area of the council under section 264 above shall exercise any functions falling to be exercised by the chairman and vice-chairman of the council, but any person so designated shall not vote in the first instance at the election of the chairman unless he is a councillor for the new area.
(2) At the first meeting of a new principal council the clerk or deputy clerk of an existing authority so designated shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.
(3) The standing orders for the regulation of the proceedings and business of an existing authority so designated shall apply at the first meeting of a new principal council.
9. The Secretary of State may himself exercise a committee's power of designation for the purposes of any provision of paragraph 6, 7 or 8 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate.
Parish councillors
10 (1) Until provision is made to the contrary under Part I or Part IV of this Act -
(a) the number of councillors for a parish which immediately before the passing of this Act was a borough included in a rural district, not being a borough divided into wards, shall be the same as the number of councillors for that borough;
(b) where any such borough was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the borough, the parish shall be divided in to those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the borough;
(c) the number of councillors for a parish which immediately before the passing of this Act was co-extensive with a rural district which is not divided into wards shall be the same as the number of councillors for that rural district; and
(d) where a rural district which is co-extensive with a parish was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the rural district, the parish shall be divided into those
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wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the rural district.
(2) Until provision is made to the contrary under Part I or Part IV of this Act, the provisions of this sub-paragraph shall have effect with respect to the number of councillors for a parish constituted under Part V of Schedule 1 above and having an area co-extensive with that of an existing borough or urban district, that is to say -
(a) if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;
(b) if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;
(c) if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;
(d) if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be, the same as the number of councillors for the corresponding ward of the urban district;
and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.
(3) In the case of a parish constituted under Part V of Schedule 1 above and having an area co-extensive with part only of an existing borough or urban district, the Secretary of State shall by order make such provision with respect to -
(a) the number of councillors for the parish as a whole,
(b) the division of the parish into wards, and
(c) if the parish is so divided, the number of councillors for each ward,
as appears to him to correspond, in relation to the part of the existing borough or urban district concerned, to the provision made by paragraphs (a) to (d) of sub-paragraph (2) above in the case of a parish the area of which is co-extensive with that of the whole of an existing borough or urban district; and the provision made by any such order shall have effect until provision is made to the contrary under Part I or Part IV of this Act.
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Qualification for membership of local authority
11. For the purposes of section 79 above, in its application to a candidate for membership of a new local authority, the new local government areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.
Suspension of elections
12 (1) No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.
(2) Subject to sub-paragraph (3) below any ordinary election of parish councillors due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the district in which the parish is situated; and any such councillor who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of parish councillors takes place in pursuance of this sub-paragraph.
(3) No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph I of Part IV of Schedule I to this Act.
(4) Subject to sub-paragraph (6) below, any parish councillor elected at the ordinary election of parish councillors in 1973 shall come into office on the fourth day after the day of election and shall (unless he resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of parish councillors in 1976.
(5) Any parish councillor -
(a) for an existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act; or
(b) for a parish to which part of any parish is added by paragraph 2 of the said Part IV;
who holds office immediately before the end of 1972 or is appointed after the end of that year to fill a casual vacancy occurring before the end of that year shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1974.
(6) Any parish councillor elected in 1973 for a parish mentioned in sub-paragraph (5)(b) above shall not act in his office before
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1st April 1974 except for the purpose of taking any action with a view to enabling the new parish council to exercise their functions on and after that date.
(7) No election of parish councillors shall be held in 1974 or 1975, and any parish councillor who (apart from this Act) would ordinarily have retired in 1974 or 1975 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the ordinary day of election of parish councillors in 1976.
(8) Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.
(9) The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and -
(a) the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;
(b) the person who in 1973 is elected as mayor of the borough shall also hold office as chairman of the parish council until his successor becomes entitled to act as chairman; and
(c) the person who in 1973 is appointed deputy mayor of the borough shall also hold office as vice-chairman of the parish council until the abolition of the borough.
(10) Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and -
(a) the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;
(b) the person who in 1973 is elected as chairman of the rural district council shall also hold office as chairman of the
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parish council until his successor becomes entitled to act as chairman; and
(c) the person who in 1973 is appointed vice-chairman of the rural district council shall also hold office as vice-chairman of the parish council until the abolition of the rural district council.
(11) Any person elected councillor as mentioned in sub-paragraph (9) or sub-paragraph (10) above shall come into office on the fourth day after the day of election and shall (unless he resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of parish councillors in 1976.
(12) As respects an existing county or borough (other than, a London borough) -
(a) no ordinary election of aldermen shall be held after the passing of this Act;
(b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and
(c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.
(13) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of -
(a) chairman or vice-chairman of the council of an existing county or urban or rural district other than chairman of a rural district which is co-extensive with a parish; or
(b) mayor of an existing borough (other than a London borough or a borough included in a rural district).
(14) The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.
13 (1) The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(2) above and also in relation to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish, -
(a) references in this paragraph to the order are references to the order under the said Part V constituting the parish, and
(b) references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.
(2) As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district, and, if the parish is divided into wards in accordance with paragraph 10(2) above -
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(a) the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and
(b) in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the Parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.
(3) Each person who becomes a parish councillor by virtue of sub-paragraph (2) above shall (unless he resigns his office or it otherwise becomes vacant) continue to hold that office until the fourth day after the ordinary day of election of parish councillors in 1976.
Until 1st April 1974 the persons for the time being holding office as mayor and deputy mayor of the borough or, as the case may be, as chairman and vice-chairman of the council of the urban district shall, by virtue of those offices, hold office as chairman and vice-chairman of the parish council, respectively; and the persons who, by virtue of this sub-paragraph, hold office as chairman and vice-chairman of the parish council immediately before 1st April 1974 shall, subject to Section 15 above, continue to hold those offices on and after that date as if, they had been elected to them at the annual meeting of the parish council held in 1973.
(5) Where this paragraph applies to a parish, then, as from the date specified in the order, paragraph 12(1) above shall not apply in relation to elections to fill casual vacancies in the office of councillor of the borough or urban district, as the case may be, and any casual vacancy which has not been filled on that date shall be deemed for the purposes of the 1933 Act to have arisen on that date; and without prejudice to sub-paragraph (3) above a councillor elected after that date to fill a casual vacancy shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office as a councillor of the borough or urban district until 1st April 1974.
(6) Where this paragraph applies to a parish, sub-paragraph (12)(c) and (13) of paragraph 12, above shall not apply in relation to the borough or urban district, as the Case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as, having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.
14. In the case of a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(3) above, the Secretary of state shall by order make such provision in relation to the councillors of the parish, the chairman and vice~Chairman of the parish council and the aldermen and councillors of the borough, or as the case
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may be the councillors of the urban district, concerned as appears to him to be appropriate to secure for the parish and that borough or urban district a result corresponding, so far as practicable, with that produced in the case of a parish falling within paragraph 10(2) above, by sub-paragraphs (2) to (6) of paragraph 13 above.
Annual meetings
15. In the year 1973 the annual meeting of a borough council other than the council of a London borough or a borough included in a rural district shall be held on such day in the month of March, April or May as the council may fix.
16. In that year the annual meeting of the council of a parish or a borough included in a rural district which (apart from this Act) is due to be held on or within fourteen days after 20th May and, in the case of a rural district which is co-extensive with a parish, the annual meeting of the rural district council which (apart from this Act) is due to be held on or as soon as conveniently may be after that date shall instead be held on, or within 14 days after, the day on which the councillors elected at the ordinary elections of parish councillors or councillors of boroughs included in rural districts or rural district councillors in that year come into office.
17. In the year 1974 -
(a) it shall not be necessary for the parish meeting of an existing parish mentioned in paragraph 1 of Part IV of Schedule I to this Act to assemble as required by paragraph 1(1) of Part VI of Schedule 3 to the 1933 Act; and
(b) the parish meeting of a parish to which part of any parish is added by paragraph 2 of the said Part IV shall be held for the enlarged parish.
Supplementary
18. In this Schedule "relevant year of election" means -
(a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 9 to this Act;
(b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule.
[page 257]
SCHEDULE 4
LOCAL GOVERNMENT AREAS IN WALES
PART I
COUNTIES
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Clwyd | The administrative county of Flintshire.
The administrative county of Denhigh 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 parts 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 Hiraethog, the parishes of Eglwyshach, 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, LJanbarry, Llanilid and Peterstonsuper-Montem;
in the rural district of Neath, the parish of Rhigos.
|
[page 258]
(1)
Name of county | (2)
Area by reference to existing administrative areas |
| Mid Glamorgan - cont. | 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 Rbymney;
in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and PhilIipstown 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 Penarth;
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
DISTRlCTS
(1)
Name of
county | (2)
Reference
number
of
district | (3)
Area by reference to existing administrative areas |
| Clwyd | C.1 | In the administrative county of Denhigh:-
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.
|
[page 259]
(1)
Name of county | (2)
Ref
no.
of
district | (3)
Area by reference to existing administrative areas |
| Clwyd - cont. | C.2 | In the administrative county of Flintshire:-
the urban districts of Prestatyn and Rhyl;
the rural district of St. Asaph.
|
| C.3 | In the administrative county of Flintshire:-
the borough of Flint;
the urban districts of Holywell and Mold;
the rural district of Holywell.
|
| C.4 | 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 district C.6.
|
| C.5 | In the administrative county of Denbigh:-
the boroughs of Denbigh and Ruthin; the urban district of Llangollen;
the rural districts of Ceiriog and Ruthin;
in the rural district of Wrexham, the parishes of Llangollen Rural and Llantysilio.
In the administrative county of Merioneth, the rural district of Edeyrnion. |
| C.6 | 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 | D.1 | 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.
|
[page 260]
(1)
Name of county | (2)
Ref
no.
of
district | (3)
Area by reference to existing administrative areas |
| Dyfed | D.2 | 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 Cemaes and Haverfordwest.
|
| D.3 | In the administrative county of Pembroke:-
the boroughs of Pembroke and Tenby;
the urban district of Narberth;
the rural districts of Narberth and Pembroke.
|
| D.4 | In the administrative county of Carmarthenshire:-
the borough of Carmarthen;
the urban district of Newcastle Emlyn;
the rural districts of Carmarthen and Newcastle Emlyn.
|
| D.5 | In the administrative county of Carmarthenshire:-
the boroughs of Kidwelly and Llanelli;
the urban district of Burry Port;
the rural district of Llanelli.
|
| D.6 | In the administrative county of Carmarthenshire:-
the borough of Llandovery;
the urban districts of Ammanford, Cwmamman and Llandello;
the rural district of Llandello.
|
| Gwent | GT.1 | 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.
|
| GT.2 | In the administrative county of Monmouthshire:-
the urban districts of Abercarn, Mynyddislwyn and Risca;
the urban district of Bedwellty except the parts to be comprised in district MG.5.
|
| GT.3 | In the administrative county of Monmouthshire, the urban districts of Abertillery, Ebbw Vale, Nantyglo and Blaina and Tredegar. |
[page 261]
(1)
Name of county | (2)
Ref
no.
of
district | (3)
Area by reference to existing administrative areas |
| Gwent - cont. | | In the administrative county of Brecon:-
the urban district of Brynmawr;
in the rural district of Crickhowell, the parish of LIanelly.
|
| GT.4 | In the administrative county of Monmouthshire:-
the urban districts of Blaenavon, Cwmhran 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.
|
| GT.5 | 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 | GD.1 | 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.
|
| GD.2 | In the admlnistrative county of Caernarvon:-
the borough of Pwllheli;
the urban districts of Criccieth and Porthmadog;
the rural district of Lleyn;
in the rural district of Gwyrfai, the parishes of Beddgelert and Clynnog.
|
| GD.3 | 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.
|
| GD.4 | 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.
|
[page 262]
(1)
Name of county | (2)
Ref
no.
of
district | (3)
Area by reference to existing administrative areas |
| Gwynedd - cont. | | 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 Hiraethog, the parishes of Eglwysbach, Llanddoget, Llanrwst Rural and Tir Ifan.
|
| GD.5 | In the administrative county of Merioneth:-
the urban districts of Bala, Barmouth, Doigellau, Ffestiniog and Tywyn;
the rural districts of Deudraeth, Dolgellau and Penllyn.
|
| Mid Glamorgan | MG.1 | In the administrative county of Glamorgan:-
the urban districts of Bridgend, Maesteg, Ogmore and Garw and Porthcawl;
the rural district of Penybont.
|
| MG.2 | In the administrative county of Glamorgan, the borough of Rhondda. |
| MG.3 | 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.
|
| MG.4 | The county borough of Merthyr Tydfil.
In the administrative county of Glamorgan, in the urban district of Gelligaer, the Bedlinog ward.
In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Vaynor. |
| MG.5 | 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, Rhydygwern, Rudry 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.
|
[page 263]
(1)
Name of county | (2)
Ref
no.
of
district | (3)
Area by reference to existing administrative areas |
| Mid Glamorgan - cont. | MG.6 | 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 Llanilterne and Pentyrch;
in the rural district of Cowbridge, the parishes of Llanbaran, Llanharry, Llanilid and Peterston-super-Montem.
|
| Powys | P.1 | 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, Llanfyllin, Machynlleth and Newtown and Llanidloes.
|
| P.2 | In the administrative county of Radnorshire:-
the urban districts of Knighton, Llandrindod Wells and Presteigne;
the rural districts of Colwyn, Knighton, New Radnor, Painscastle and Rhayader.
|
| P.3 | 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 | SG.1 | 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. |
[page 264]
(1)
Name of county | (2)
Ref
no.
of
district | (3)
Area by reference to existing administrative areas |
| South Glamorgan - cont. | SG.2 | 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 pam to be comprised in district MG.6.
|
| West Glamorgan | WG.1 | The county borough of Swansea.
In the administrative county of Glamorgan, the rural district of Gower. |
| WG.2 | In the administrative county of Glamorgan:-
the urban district of Llwchwr;
the rural district of Pontardawe.
|
| WG.3 | 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.
|
| WG.4 | In the administrative county of Glamorgan:-
the borough of Port Talbot;
the urban district of Glyncorrwg.
|
[page 265]
PART III
COMMUNITIES DIFFERING FROM EXISTING LOCAL GOVERNMENT AREAS
(1)
Reference
number
of
district
| (2)
Name of
community | (3)
Area by reference to existing administrative areas |
| GT.2 | Bedwellty | In the administrative county of Monmouthshire, the urban district of Bedwellty except the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards. |
| MG.4 | Bedlinog | In the administrative county of Glamorgan, in the urban district of Gelligaer, the Bedlinog ward. |
| MG.5 | New Tredegar | In the administrative county of Monmouthshire, in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards. |
| MG.5 | Caerphilly | In the administrative county of Glamorgan, the urban district of Caerphilly except the Taff's Well ward. |
| MG.5 | Gelligaer | In the administrative county of Glamorgan, the urban district of Gelligaer except the Bedlinog ward. |
| MG.6 | Taff's Well | In the administrative county of Glamorgan, in the urban district of Caerphilly, the Taff's Well ward. |
PART IV
RULES AS TO BOUNDARIES
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 (c. 55) 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.
[page 266]
SCHEDULE 5
Section 37
ESTABLISHMENT OF NEW AUTHORITIES IN WALES
County and district councillors
1. Elections of councillors of the new principal councils shall be held on dates in 1973 fixed by the Secretary of State by order and the persons elected at those elections shall come into office on the fourth day after the day of election.
2 (1) For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.
(2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 25(2)(a) above shall not apply to any such election.
(3) An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.
Community councillors
3. Elections of councillors of the new community councils shall be held on a day, not later than 10th March 1974, appointed by the Secretary of State, and -
(a) the persons elected to a community council required to be established by a direction under section 27(3) or (4) above shall come into office on the fourth day after that day; and
(b) the persons elected, to a community council established by virtue of section 27(2)(a) or (b) above shall come into office on 1st April 1974.
4 (1) The following provisions of this paragraph shall have effect with respect to elections of community councillors before the relevant year of election.
(2) The number of councillors for a community, the area of which is co-extensive with the area of an existing borough- or urban district or an existing rural parish having a separate parish council, shall be the same as the number of councillors for that borough, district or parish, as the case may be.
(3) The number of councillors for a group of communities the areas of which are co-extensive with the areas of existing rural parishes grouped under a common council shall be the same as the number of councillors of that council, and the number of councillors representing a community on the common community council shall be the same as the number representing the area of that community on the existing common parish council.
[page 267]
(4) Where any existing borough, district or parish falling within sub-paragraph (2) or (3) above is divided into wards for the purpose of elections to the council of the borough, district or parish, the community shall be divided into those wards for the purpose of elections of community councillors and the number of councillors to be elected for each community ward shall be the same as the number to be elected for each ward of the existing borough, district or parish, as the case may be.
(5) In the case of a community named in Part III of Schedule 4 to this Act, the Secretary of State may, after causing such notices to be given concerning the matter as he thinks expedient, by order specify the number of community councillors to be elected for the community, divide the community into wards and specify the number of councillors to be returned for each ward.
First elections and meetings of new councils
5 (1) At the first elections of councillors for a new area, the returning officer shall be an officer of the council appointed by such existing county, borough or urban or rural district council as the Secretary of State may by order designate and not a person appointed under section 41 above.
(2) Section 42(5) and (6) above shall not apply to any such election, but sub-paragraphs (3) and (4) below shall apply instead.
(3) All expenditure properly incurred by a returning officer or other officer in relation to the holding of the first elections of councillors for a new principal area shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned 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.
(4) AIl expenditure properly incurred by a returning officer or other officer in relation to the holding of the first elections of councillors for a community shall be paid in the first instance by the council of the new district in which the community is situated, but any expenditure so incurred shall be chargeable only on that community.
(5) Section 42(7) above shall not apply to the first election of councillors for a community, but before a poll is taken at such an election the council of the new district in which the community is situated 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.
(6) In relation to the first election of councillors for a new area "the appropriate officer" in Parts II and III of the Representation of the People Act 1949 (c. 68) means the returning officer appointed under this paragraph instead of having the meaning assigned to that expression by section 55(6)(b) of that Act.
6 (1) For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any new principal area under section 83 above before the first meeting of
[page 268]
that council, the clerk of an existing authority designated by the committee established for the area under section 264 above shall be deemed to be and shall act as the proper officer of the council.
(2) Any such declaration delivered by virtue of this paragraph to the said clerk shall be transferred by him to the custody of the proper officer of the new council on the appointment of the latter.
7 (1) The first meeting of each new principal council shall be held within 21 days immediately following the day of election and shall be treated as the annual meeting of the council for 1973.
(2) The meeting shall be convened by the clerk of an authority designated by the committee established for the area of the new council under section 264 above and shall be held at such place as he may appoint instead of such place as the council may direct as required by paragraph 4(1) of Schedule 12 to this Act.
(3) The notice of the meeting required by paragraph 4(2) of that Schedule shall be published at the place where the meeting is to be held instead of at the council's offices and the summons to attend the meeting required by that paragraph shall be signed by' the said clerk instead of by the proper officer of the council.
8 (1) Until the completion of the election of a chairman at the first meeting of a new principal council, persons designated by the committee established for the area of the new council under section 264 above shall exercise any functions falling to be exercised by the chairman and vice-chairman of the council, but any person so designated shall not vote in the first instance at the election of the chairman unless he is a councillor for the new area.
(2) At the first meeting of a new principal council the clerk or deputy clerk of an existing authority so designated shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.
(3) The standing orders for the regulation of the proceedings and business of an existing authority so designated shall apply at the first meeting of a new principal council.
9. The Secretary of State may himself exercise a committee's power of designation for the purposes of any provision of paragraph 6. 7 or 8 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate.
10 (1) The first meeting of a community council established by a direction under section 27(3) or (4) above shall be held within the 21 days immediately following the day of election in 1974 and shall be convened -
(a) where the community is coterminous with an existing borough, by the town clerk of that borough;
(b) where the community is coterminous with or wholly contained in an existing urban district, by the clerk of the council of that district.
[page 269]
(2) The first meeting of a community council established by virtue of section 27(2)(a) or (b) above shall be held before 23rd April 1974 and shall be convened by the clerk of the council of the parish or group of parishes, the area of which is co-extensive with the area of that community or group of communities, as the case may be.
(3) The first meeting of a community council shall be treated as the annual meeting of the council for 1974.
(4) The summons to attend the first meeting required by paragraph 26(2) of Schedule 12 to this Act shall be signed by the clerk by whom the meeting is convened instead of by the proper officer of the council.
(5) In relation to the first elections of the councillors of any community council and in relation to the first meeting of any community council required to be held by this paragraph, the powers conferred on the district council by sections 44(4) and 91 above shall, until 1st April 1974, be exercisable by the council of the existing county in which the area of the community is situated.
Qualification for membership of local authority
11. For the purposes of section 79 above, in its application to a candidate for membership of a new local authority, the new local government areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.
Suspension of elections
12 (1) No election of councillors of an existing county, borough, urban or rural district or rural parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice Of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.
(2) As respects an existing county or borough -
(a) no ordinary election of aldermen shall be held after the passing of this Act;
(b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and
(c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.
[page 270]
(3) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of -
(a) chairman or vice-chairman of the council of an existing county or urban or rural district or of an existing parish council;
(b) mayor of an existing borough; or
(c) chairman of the parish meeting of an existing rural parish.
Annual meetings
13. In the year 1973 the annual meeting of a borough council shall be held on such day in the month of March, April or May as the council may fix.
14. In the year 1974 it shall not be necessary for the parish meeting of a rural parish to assemble as required by paragraph 1(1) of Part VI of Schedule 3 to the 1933 Act.
Supplemental
15. In this Schedule "relevant year of election" means -
(a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 10 to this Act.
( b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule;
(c) in relation to community councillors, the first ordinary year of election of such councillors occurring after the making of the order or the last of the orders with respect to the district comprising the community in consequence of the special community review under that Schedule.
SCHEDULE 6
Section 45
AMENDMENT AND MODIFICATION OF ELECTION LAW
Registration of electors
1. For section 41(4)(a) of the 1949 Act (persons capable of deputising for registration officer) there shall be substituted the following paragraph:-
"(a) in England or Wales by the proper officer of the council (within the meaning of the Local Government Act 1972) by whom the registration officer was appointed ".
[page 271]
2. In section 43 of the 1949 Act (payment of registration expenses) for any reference to the local authority whose clerk is registration officer or the local authority whose clerk the registration officer is there shall be substituted a reference to the local authority by whom the registration officer was appointed.
3. Where under section 136(3) of the 1949 Act (costs of election petitions) the Treasury pay any costs ordered to be paid by a constituency which is situated partly in one district or London borough and partly in another or partly in a London borough and partly in the City and the Temples, the authority from whom the Treasury are to obtain repayment of the amount under that section shall be the authority who appointed the registration officer who is acting returning officer for the constituency, and such contributions shall be made to that authority by any other local authority as the Secretary of State may direct.
4. Until 1st April 1974 the registration officer for any constituency shall be the person who would, by virtue of the 1949 Act, have held that office apart from the changes to local government areas and authorities effected by this Act.
Place and manner of voting at elections
5 (1) So much of section 11(2) of the 1949 Act (polling districts and places at parliamentary elections) as imposes a duty on each local authority whose clerk is registration officer to divide a constituency into polling districts, designate polling places, and keep polling districts and polling places under review shall cease to have effect, but it shall be the duty of the council of each district or London borough to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts and to keep the polling districts, and polling places under review in accordance with the rules set out in paragraphs (a) to (d) of that subsection; and -
(a) references in that section to a local authority shall be construed accordingly;
(b) the reference in the said paragraph (a) to a constituency shall be construed as a reference to so much of the constituency as is situated in the area of the authority; and
(c) references in that section to that section shall include references to this paragraph.
(2) In: paragraph (b) of the said section 11(2) after the word "parish" there shall be inserted the words "or community".
(3) In subsection (4) of the said section 11 "interested authority", in relation to any constituency, means as respects England the council, or where there is no such council, the parish meeting of a parish which is wholly or partly situated within the constituency and as respects Wales the council of a community which is so situated.
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6. For the purposes of section 12(4) of the 1949 Act (postal voting) and section 15 of that Act (voting by proxy) an address shall not be treated, as in the same area as a qualifying address unless -
(a) both addresses are in the same electoral division of Greater London, or
(b) both addresses are in the same electoral division of a county in England and, if either address is in a parish, both are in the same parish, or
(c) both addresses are in the same electoral division of a county in Wales and in the same community.
7. In section 18(2) (notice of duties reserved by the returning officer) for the words "the foregoing subsection" there shall 'be substituted the words "subsection (1A) of this section".
8. In section 22(1) (polling districts and polling stations at local government elections) after the word "borough", wherever it occurs, there shall be inserted the words "or district".
Miscellaneous
9. The following provisions of the 1949 Act, that is to say -
(a) section 34 (notices at local government elections);
(b) in section 36(1) (conduct of elections:to fill casual vacancies among councillors) the words from the beginning to "district councillor and" and from "or in the case" to "district election rules";
shall cease to have effect.
10 (1) In section 36(2) of the 1949 Act after the words "this Act", in the first place where they occur, there shall be inserted the words "or the Local Government Act 1972".
(2) For section 36(4) of the 1949 Act (omission to hold parish elections) there shall be substituted the following subsection:-
"(4) An order made by a district council under section 44(4) of the Local Government Act 1972 with respect to an election of parish or community councillors may modify the provisions of this Act and any other enactment relating to such elections and of rules made with respect to such elections under section 42 of that Act"
11. In section 165 of the 1949 Act (application of the 1949 Act to certain local elections), as amended by Schedule 7 to the Local Government Act 1958 (c. 55), for the words from "of district, rural borough or parish councillors", in the first place where they occur, to "before mentioned" there shall be substituted the words "of district, parish or community councillors or of the chairman of a district, parish or community council or a parish meeting shall have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 42 of the Local Government Act 1972".
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12. For paragraph 1 of Schedule 4 to the 1949 Act (provisions which may be contained in regulations as to registration) there shall be substituted the following paragraph:-
"1. Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly contained in a district or London borough".
13. In paragraph 3(1) of Schedule 7 to the 1949 Act (lists of meeting rooms which may be used for parliamentary elections) for the words from the beginning to "borough council", there shall be substituted the words "Every district and London borough council".
14. In section 11(3) of the Representation of the People Act 1969 (election agents' office) after the word "borough", there shall be inserted the words "or district".
SCHEDULE 7
Section 46
CONSTITUTION AND PROCEEDINGS OF THE LOCAL GOVERNMENT BOUNDARY COMMISSION FOR ENGLAND
1 (1) The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than five other members.
(2) The members of the Commission shall be appointed by the Secretary of State and shall bold and vacate office in accordance with the terms of their respective appointments.
(3) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.
2. There shall be paid to each member of the Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
3 (1) The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission's functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.
(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
4. At any meeting of the Commission three shall be the quorum.
5. All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.
6. Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.
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Officers and servants, remuneration and expenses
7 (1) The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as be may, with the approval of the Minister for the Civil Service, determine.
(2) Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.
(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.
8. The expenses of the Commission including -
(a) the salaries, fees and allowances of its members,
(b) the remuneration and any expenses paid to an assistant commissioner, and
(c) the remuneration and any expenses paid to the secretary and other officers and servants of the Commission,
together with the fees and allowances paid to persons appointed under paragraph 3 above, shall be defrayed out of moneys provided by Parliament.
Proof of documents
9 (1) Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission.
(2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.
SCHEDULE 8
Section 53
CONSTITUTION AND PROCEEDINGS OF THE LOCAL GOVERNMENT BOUNDARY COMMISSION FOR WALES
1 (1) The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than three other members.
(2) At least one of the members of the Commission shall be a person able to speak the Welsh language.
(3) The members of the Commission shall be appointed by the Secretary of State end shall bold and vacate office in accordance with the terms of their respective appointments.
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(4) the common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.
2. There shall be paid to each member of the Commission such salary or fees and allowances as may from time to tome be determined by the Secretary of State with the consent of the Minister for the Civil Service.
3 (1) The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission's functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.
(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
4. At any meeting of the Commission two shall be the quorum.
5. All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.
6. Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.
Officers and servants, remuneration and expenses
7 (1) The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as he may, with the approval of the Minister for the Civil Service, determine.
(2) Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.
(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined the Secretary of State with the approval of the Minister for the Civil Service.
8. The expenses of the Commission including -
(a) the salaries, fees and allowances of its members,
(b) the remuneration and any expenses paid to an assistant commissioner,
(c) the remuneration and any expenses paid to the secretary and other officers and servants of the Commission, and
(d) the expenses incurred in taking a poll in pursuance of arrangements under paragraph 4 of Schedule 10 to this Act,
together with the fees and allowances paid to persons appointed under paragraph 3 above, shall be defrayed out of moneys provided by Parliament.
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Proof of documents
9 (1) Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission.
(2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.
SCHEDULE 9
Section 63
INITIAL REVIEW OF ELECTORAL ARRANGEMENTS IN ENGLAND
1. As soon as practicable after the first election of councillors for any new district in England the English Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.
2. The provisions of Part IV of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required -
(a) the English Commission to submit a report for any district before such date as the Secretary of State may direct, and
(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 1 above (whether as submitted to him or with modifications).
3. As soon as practicable after the last order has been made under section 51 above by virtue of paragraph 2 above in relation to the districts in a county the English Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.
4. The provisions of Part IV of this Act shall apply to a review under paragraph 3 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required -
(a) the English Commission to submit a report for any county before such date as the Secretary of State may direct, and
(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 3 above (whether as submitted to him or with modifications).
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SCHEDULE 10
Section 64
INITIAL REVIEWS IN WALES
Special community reviews
1. As soon as practicable after 1st April 1974 the Welsh Commission shall conduct a review (to be known as the special community review) of the whole of Wales for the purpose of making 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 -
(a) the alteration of a community;
(b) the constitution of a new community by the amalgamation of communities or by the aggregation of parts of communities or by the separation of part of a community;
(c) the abolition of a community and the distribution of its area among other communities;
(d) the inclusion in a district of an area forming part of a county but not of a district and the constitution of a new community by -
(i) the establishment of the whole or part of that area as a community; or
(ii) the aggregation of the whole of that area or any part of it with one or more communities or parts of communities;
(e) the alteration of the area of a county or a district in consequence of any such change;
and any proposals made by the Commission may include a proposal that the area of a community should be co-extensive with the area of a district.
2. In conducting the special community, review the Welsh Commission shall also consider whether any community established by section 20 above or proposed to be constituted in consequence of the review (other than a community which it is proposed should be or remain co-extensive with the area of a district) should -
(a) have a separate community council;
(b) he grouped under a common community council; or
(c) should not have a community council, whether separate or common;
and shall, if they think fit, make proposals accordingly.
3. In considering whether to formulate proposals under paragraph 1 or 2 above the Welsh Commission shall have regard to the wishes of the inhabitants of the areas in question.
4. If in conducting the special community review the Welsh Commission consider it desirable that a poll of local government electors of a community or part of a community should be taken on any
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question, they may arrange for such a poll to be taken and paragraphs 34(5), 37 and 38 of Schedule 12 to this Act shall apply to the poll as they apply to a poll consequent on a community meeting.
5. In conducting the special community review the Welsh Commission shall also review the electoral arrangements for every community, having regard to any proposals which they propose to make in relation to the community under paragraph 1 or 2 above and also to the desirability of making any change in those arrangements apart from those proposals and shall make such proposals, if any, as they think fit with respect to those arrangements.
6. Without prejudice to any direction given by the Secretary of State under section 59 above, where in the course of the special community review the Welsh Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review of any part of Wales, they shall submit a report to him on the review of that part of Wales, 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.
7. On receipt of a report under paragraph 6 above the Secretary of State shall either make an order giving effect to any proposals of the Welsh Commission submitted with the report (whether as submitted or with modifications) or make an order providing for the continuation of the existing arrangements applicable to the community or communities in question.
8. If in relation to any area the Secretary of State decides to make an order under paragraph 7 above giving effect with modifications to any of the Welsh Commission's proposals with respect to the boundaries of communities or the establishment of community councils, be may, if be thinks fit, direct the Commission to conduct a review or further review, as the case may be, of the electoral arrangements for the whole or part of that area and to make revised proposals with respect to those arrangements within a time specified in the direction.
9. The following provisions of this Act, that is to say, sections 59, 60(1), (2), (5), (6) and (7), 61, 65, 67, 68, 69 and 78 shall apply in relation to the special community review and any order made in consequence thereof as they apply in relation to a review under Part IV of this Act and any order made in consequence thereof.
Review of electoral arrangements for districts, etc
10. As soon as practicable after the completion of the special community review so far as it relates to any district, the Welsh Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.
11. For the purposes of paragraph 10 and section 55(2) above the special community review shall be taken to have been completed so
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far as it relates to any district when the Secretary of State announces his final decision on the last of the orders which be proposes to make under paragraph 7 above with respect to the communities in that district.
12. The provisions of Part IV of this Act shall apply to a review under paragraph 10 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required -
(a) the Welsh Commission to submit a report for any district before such date as the Secretary of State may direct, and
(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 10 above (whether as submitted to him or with modifications).
Review of electoral arrangements for counties
13. As soon as practicable after the last order has been made under section 58 above by virtue of paragraph 12 above in relation to the districts in a county the Welsh Commission shall review the electoral arrangements for that county for, the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.
14. The provisions of Part IV of this Act shall apply to a review under paragraph 13 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required -
(a) the Welsh Commission to submit a report for any county before such date as the Secretary of State may direct, and
(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 13 above (whether as submitted to him or with modifications).
Supplemental
15. Nothing in this Schedule shall be construed as empowering the making of any alteration to the boundaries between any county in England and any county in Wales.
SCHEDULE 11
Section 78
RULES TO BE OBSERVED IN CONSIDERING ELECTORAL ARRANGEMENTS
Counties
1 (1) This paragraph applies to the consideration by the Secretary of State or either of the Commissions of the electoral arrangements for elections of county councillors.
(2) Having regard to any change in the number or distribution of the local government electors of the county likely to take place
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within the period of five years immediately following the consideration -
(a) the number of local government electors shall be, as nearly as may be, the same in every electoral division of the county;
(b) every electoral division shall lie wholly within a single district;
(c) every ward of a parish or community having a parish or community council (whether separate or common) shall lie wholly within a single electoral division; and
(d) every parish or community which is not divided into parish or community wards shall lie wholly within a single electoral division.
(3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to -
(a) the desirability of fixing boundaries which are and will remain easily identifiable;
(b) any local ties which would be broken by the fixing of any particular boundary; and
(c) the boundaries of the wards of the districts in the county.
Greater London
2 (1) This paragraph applies to the consideration by the Secretary of State or the English Commission of the electoral arrangements for elections of councillors of the Greater London Council.
(2) The whole of the City and the Temples shall be included with part of the City of Westminster in the same electoral division and shall be treated for the purposes of this paragraph as forming part, and shall constitute a complete ward, of that London borough.
(3) Every other electoral division of Greater London shall lie wholly within a single London borough.
(4) Every parliamentary constituency wholly within a London borough shall constitute an electoral division.
(5) Where a London borough includes part of a constituency part of which is also included in another London borough or in a district outside Greater London, then, having regard to any change in the number or distribution of the local government electors of Greater London likely to take place within the period of five years immediately following the consideration -
(a) the number of local government electors in any one electoral division in the borough shall be, as nearly as may be, the same as the number of such electors in the other electoral divisions in the borough and, so far as the operation of the other provisions of this paragraph permits, the same as the average number of such electors in each electoral division of Greater London; and
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(b) subject to paragraph (a) above, each electoral division in the borough shall consist of two or more complete wards of the borough.
(6) Subject to paragraphs (a) and (b) of sub-paragraph (5) above, in a case falling within that sub-paragraph, regard shall be had to -
(a) the desirability of fixing boundaries which are and will remain easily identifiable; and
(b) any local ties which would be broken by the fixing of any particular boundary.
(7) For the purposes of sub-paragraph (5) above the average number of local government electors in each electoral division in Greater London on any date shall be taken to be a number obtained by dividing the aggregate number of local government electors registered on that date in the several registers of local government electors for Greater London by the number of electoral divisions in Greater London existing on that date.
Districts and London boroughs
3 (1) This paragraph applies to the consideration by the Secretary of State or either of the Commissions of the electoral arrangements for elections of councillors of a district or London borough.
(2) Having regard to any change in the number or distribution of the local government electors of the district or borough likely to take place within the period of five years immediately following the consideration -
(a) the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every ward of the district or borough;
(b) in a district every ward of a parish or community having a parish or community council (whether separate or common) shall lie wholly within a single ward of the district;
(c) in a district every parish or community which is not divided into parish or community wards shall lie wholly within a single ward of the district.
(3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to -
(a) the desirability of fixing boundaries which are and will remain easily identifiable; and
(b) any local ties which would be broken by the fixing of any particular boundary.
Parishes and communities
4 (1) This paragraph applies to the consideration by the Secretary of State, by either of the Commissions or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).
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(2) In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether -
(a) the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and
(b) it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.
(3) Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to -
(a) any change in the number or distribution of the local government electors of, the parish or community which is likely to take place within the period of five years immediately following the consideration;
(b) the desirability of fixing boundaries which are and will remain easily identifiable; and
(c) any local ties which will he broken by the fixing of any particular boundaries.
(4) Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.
SCHEDULE 12
Section 99
MEETINGS AND PROCEEDINGS OF LOCAL AUTHORITIES
PART I
PRINCIPAL COUNCILS
1 (1) A principal council shall in every year hold an annual meeting.
(2) The annual meeting of a principal council other than the Greater London Council shall be held -
(a) in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
(b) in any other year, on such day in the month of March, April or May as the council may fix.
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(3) The annual meeting of the Greater London Council shall be held -
(a) in a year which is a year of ordinary elections of councillors to the Council, on the eighteenth day after the day of election or on such other day within the seven days immediately following that eighteenth day as the Council may fix;
(b) in any other year, on such day in the month of March, April or May as the Council may fix.
(4) An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.
2 (1) A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.
(2) Those other meetings shall be held at such hour and on such days as the council may determine.
3 (1) An extraordinary meeting of a principal council may be called at any time by the chairman of the council.
(2) If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed, in the case of the Greater London Council, by twenty members of the Council and in any other case by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then, in the case of the Greater London Council, any twenty members of the Council, and in any other case any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.
4 (1) Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.
(2) Three clear days at least before a meeting of a principal council -
(a) notice of the time and place of the intended meeting shall be published at the council's offices, and where the meeting is called by members of the council the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and
(b) a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the proper officer of the council, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the council.
(3) If a member of a principal council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in tho notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.
(4) Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.
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(5) Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council's standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.
5 (1) At a meeting of a principal council the chairman, if present, shall preside.
(2) If the chairman is absent from a meeting of a principal council, then -
(a) except in Greater London, the vice-chairman of the council, if present, shall preside;
(b) in the case of the Greater London Council, the vice-chairman or, in his absence, the deputy chairman (if any), if present, shall preside;
(c) in the case of a London borough council, the deputy mayor, if at that time he remains a councillor or an alderman and is chosen for that purpose by the members of the council then present, shall preside.
(3) If -
(a) in the case of a principal council outside Greater London, both the chairman and vice-chairman of the council are absent from a meeting of the council;
(b) in the case of the Greater London Council, the chairman, vice-chairman and deputy chairman are so absent;
(c) in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;
another member of the council chosen by the members of the council present shall preside.
6. Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.
PART II
PARISH COUNCILS
7-(1) A parish council shall in every year hold an annual meeting.
(2) In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.
(3) The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o'clock in the evening.
8 (1) A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine.
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(2) Those other meetings shall be held at such hour and on such days as the council may determine.
9 (1) An extraordinary meeting of a parish council may be called at any time by the chairman of the council.
(2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.
10 (1) Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises licensed for the sale of intoxicating liquor unless no other suitable room is available either free of charge or at a reasonable cost.
(2) Three clear days at least before a meeting of a parish council -
(a) notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and
(b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.
(3) Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting.
11 (1) At a meeting of a parish council the chairman of the council, if present, shall preside.
(2) If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.
(3) If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.
12. Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.
13 (1) Unless otherwise provided by the council's standing orders the manner of voting at meetings of a parish council shall be by a show of hands.
(2) On the requisition of any member of the council the voting on any question shall be recorded so as to show Whether each member present and voting gave his vote for or against that question.
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PART III
PARISH MEETINGS
14 (1) The parish meeting or a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year.
(2) Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.
(3) In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.
(4) The proceedings at a parish meeting shall not commence earlier than 6 o'clock in the evening.
(5) A parish meeting shall not be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.
15 (1) A parish meeting may be convened by -
(a) the chairman of the parish council, or
(b) any two parish councillors for the parish, or
(c) where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or
(d) any six local government electors for the parish.
(2) Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.
(3) The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to -
(a) the establishment or dissolution of a parish council, or
(b) the grouping of the parish with another parish or parishes under a common parish council.
(4) Public notice of a parish meeting shall be given -
(a) by posting a notice of the meeting in some conspicuous place or places in the parish, and
(b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.
16. The chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is
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a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.
17 (1) In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside.
(2) In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.
(3) If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.
18 (1) Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question.
(2) A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.
(3) In tho case o.f an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.
(4) A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.
(5) A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under section 42 above and of the enactments mentioned in section 165(1) of the Representation of the People Act 1949 (c. 68) shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.
(6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.
19 (1) Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of
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the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.
(2) Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.
20 (1) Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish.
(2) In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.
21 (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determine.
(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.
22. If any person, in a poll consequent on a parish meeting -
(a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or
(b) without due authority supplies a ballot paper to any person; or
(c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(d) fraudulently takes out of the polling station any ballot paper; or
(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;
he shall -
(i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; end
(ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.
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PART IV
COMMUNITY COUNCILS
23 (1) A community council shall in every year hold an annual meeting.
(2) In a year which is a year of ordinary elections of community councillors, the annual meeting of a community council shall be held on, or within fourteen days after, the day on which the councillors, elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the community council may determine.
(3) The annual meeting of a community council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o'clock in the evening.
24 (1) A community council may in every year hold, in addition to the annual meeting, such other meetings as the council may determine to hold for the transaction of their business.
(2) Any of those other meetings shall be held at such hour and on such day as the council may determine.
25 (1) An extraordinary meeting of a community council may be called at any time by the chairman of the council.
(2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an, extraordinary meeting of the council.
26 (1) Meetings of the community council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises licensed for the sale of intoxicating liquor unless no other suitable room is available either free of charge or at a reasonable cost.
(2) Three clear days at least before a meeting of a community council -
(a) notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and
(b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.
(3) Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.
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27 (1) At a meeting of a community council the chairman of the council, if present, shall preside.
(2) If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.
(3) If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor, as the members of the council present shall choose shall preside.
28. Subject to paragraph 45 below, no business shall be transacted at a meeting of a community council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.
29 (1) Unless otherwise provided by the council's standing orders the manner of voting at meetings of a community council shall be by a show of hands.
(2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.
PART V
COMMUNITY MEETINGS
30 (1) A community meeting may be convened at any time -
(a) in a case where there is a community council, by the chairman of the council or by any two councillors representing the community on the council, and
(b) in any case, by any six local government electors for the community.
(2) Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a community meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.
(3) The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a community meeting relates to -
(a) the establishment or dissolution of a community council, or
(b) the grouping of the community with another community or communities under a common community council.
(4) Public notice of a community meeting shall be given -
(a) by posting a notice of the meeting in some conspicuous place or places in the community, and
(b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.
31. The chairman of a community council shall be entitled to attend a community meeting for the community (or, where a grouping order is in force, for any of the communities comprised in the group) whether or not he is a local government elector for the community, but if he is not such an elector he shall not be entitled
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to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 34(3) below.
32 (1) The proceedings at a community meeting shall not commence earlier than 6 o'clock in the evening.
(2) A community meeting shall not be held in premises in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost
33 (1) In a community for which there is a community council, the chairman of the council, if present, shall preside at a community meeting.
(2) In any other case, a community meeting shall appoint a person to be chairman at that meeting.
34 (1) Subject to the provisions of this Act, each local government elector may, at a community meeting or at a poll consequent thereon, give one vote and no more on any question.
(2) A question to be decided by a community meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.
(3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.
(4) A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.
(5) A poll consequent on a community meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to elections of community councillors under section 42 above and of the enactments mentioned in section 165(1) of the Representation of the People Act 1949 (c. 68) shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of community councillors.
(6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.
35 (1) Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the district in which the community is situated and shall be signed at the conclusion of the community meeting by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.
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(2) Until the contrary is proved, a community meeting in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified.
36. Subject to the provisions of this Act a community meeting may regulate their own proceedings and business.
37 (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a community meeting on such terms and conditions as the Treasury may determine.
(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.
38. If any person, in a poll consequent on a community meeting -
(a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or
(b) without due authority supplies a ballot paper to any person; or
(c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(d) fraudulently takes out of the polling station any ballot paper; or
(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers men in use for the purposes of the poll;
he shall -
(i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and
(ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.
PART VI
PROVISIONS RELATING TO LOCAL AUTHORITIES GENERALLY
39 (1) Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority.
(2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.
40. The names of the members present at a meeting of a local authority shall be recorded.
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41 (1) Minutes of the proceedings of a meeting of a local authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next following meeting of the authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.
(2) Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of a local authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next following meeting of the authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.
(3) Until the contrary is proved, a meeting of a local authority a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.
42. Subject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.
43. The proceedings of a local authority shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.
44 (1) Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority.
(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.
45. Where more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole Dumber of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority.
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SCHEDULE 13
Section 172
LOANS AND OTHER FINANCIAL PROVISIONS
PART I
BORROWING, LENDING AND FUNDS
Borrowing by local authorities
1. Without prejudice to section 111 above -
(a) a principal council may borrow money for the purpose of lending money to another authority (including a police, river or harbour authority) under paragraph 13 or 14 below; and
(b) a local authority other than the Greater London Council may borrow money for any other purpose or class of purpose approved for the purposes of this sub-paragraph by the Secretary of State and in accordance with any conditions subject to which the approval is given.
2 (1) Where a local authority are authorised by or under this Act or any other enactment to borrow money, they may raise the money -
(a) by mortgage;
(b) by the issue of stock;
(c) by the issue of debentures or annuity certificates under the Local Loans Act 1875;
(d) by the issue of bonds;
(e) by the issue of bills;
(f) by an agreement entered into with the Public Works Loan Commissioners under section 2 of the Public Works Loans Act 1965 (c. 63); or
(g) by any other means approved by the Secretary of State with the consent of the Treasury.
(2) The powers conferred by this paragraph shall be exercisable subject to and in accordance with the following provisions of this Part of this Schedule.
3. The power of a local authority to borrow money by any means includes power to raise money by those means outside the United Kingdom or in a foreign currency; but only with the consent of, and in accordance with any conditions specified by, the Treasury.
4 (1) The Secretary of State may by regulations made with the consent of the Treasury -
(a) prescribe the form of any mortgage deed to be entered into for the purpose of any borrowing by a local authority;
(b) regulate the issue of stocks and bonds or any such purpose, including the terms on which they are to be issued;
(c) regulate the manner of transfer, dealing with and redeeming any mortgage created, or stocks or bonds issued, for any such purpose;
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(d) apply all or any of the provisions of section 228 above, with or without modifications, to any such mortgage deed, stock or bonds.
(2) Different provisions may be made under this paragraph for securities of different classes.
(3) A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5 (1) A local authority may borrow by the issue of bills, payable within twelve months from the date of issue -
(a) any sum which they are authorised to borrow, by or under this Act or any other enactment; or
(b) such sums as may be required for the purpose of defraying expenses (including those payable by them to meet the expenses of other local authorities) pending the receipt of revenues receivable by them in respect of the financial year in which those expenses are chargeable.
(2) The aggregate of the amount outstanding on bills issued by a local authority under sub-paragraph (1) above shall not exceed a sum equal to such proportion of the authority's estimated gross income derived from rates during the current financial year as may be prescribed by an order made by the Treasury or, if no such proportion is so prescribed -
(a) in the case of a county council or the Greater London Council, a sum equal to one-fifth of that income; and
(b) in any other case, a sum equal to one-fifth of the proportion of that income retained by the council for its own purposes during that year.
(3) A local authority shall not borrow by the issue of bills in any financial year during which the authority's estimated gross income derived from rates does not exceed £3 million or such other sum as may be prescribed by an order made by the Treasury.
(4) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6. A local authority may issue bonds transferable by delivery (with or without endorsement) and other securities so transferable, but only with the consent of, and in accordance with any conditions specified by, the Treasury.
7 (1) Where expenditure incurred by a local authority for any purpose is defrayed by borrowing, the local authority shall, subject to paragraph 9(8) below, in each year debit the account from which that expenditure would otherwise faU to be defrayed with a sum equivalent to an instalment of principal and interest combined such that if paid annually it would secure the payment of interest at the due fate on the outstanding principal together with the repayment of the principal not later than the end of the fixed period.
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(2) Sub-paragraph (1) above shall not prevent a local authority from debiting the said account with a sum larger than that specified in that sub-paragraph.
8. A local authority who borrow money under paragraph 1(b) above may during the fixed period borrow further sums, without the approval of the Secretary of State under that sub-paragraph, for the purpose of repaying the money so borrowed.
9 (1) Where a sum is borrowed before or after the, coming into force of this Schedule, but not before 31st July 1963 (being the commencement date of the Local Government (Financial Provisions) Act 1963 (c. 46)) by a local authority for any of the following purposes, that is to say, -
(a) meeting expenditure on the construction of new, or the extension or alteration of existing, works forming or to form part of an undertaking of a revenue-producing character;
(b) carrying out on land any other operations, being operations of a prescribed kind or operations specified in relation to that land by direction of the Secretary of State;
(c) acquiring land for the purpose of the construction thereon of new, or the extension or alteration of existing, works forming or to form part of an undertaking of a revenue-producing character, or for the purpose of the carrying out thereon of operations of a kind prescribed by virtue of paragraph (b) above, or operations specified in relation to that land by direction of the Secretary of State;
(d) acquiring land specified by direction of the Secretary of State;
the authority may in respect of one permitted period determined by them exercise their power of suspension as defined by subparagraph (4) below or their power of borrowing under sub-paragraph (5) below, or both powers.
(2) Where -
(a) land is acquired by a local authority before or after the coming into force of this Schedule, but not before 31st July 1963; and
(b) a sum is borrowed by the authority for the purpose of the acquisition; and
(c) the acquisition is not for a purpose mentioned in sub-paragraph (1)(c) above; and
(d) the land is subsequently appropriated for a purpose so mentioned;
the authority may in respect of one permitted period determined by them exercise their power of suspension as defined by sub-paragraph (4) below or their power of borrowing under sub-paragraph (5) below, or both, powers.
(3) Where before 31st July 1963 land has been acquired by a local authority, and a sum was borrowed by the authority for the purpose of the acquisition, and either -
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(a) the land was acquired for a purpose mentioned in sub-paragraph (1)(c) above, or (not having been so acquired) was before that date appropriated for such a purpose, but the construction, extension or alteration of the works or the carrying out of the operations that constitutes the purpose for which the land was acquired or appropriated was not begun till after that date, or was begun but not completed before that date; or
(b) the land was, on or after that date, appropriated for a purpose mentioned in the said sub-paragraph (1)(c);
the authority may in respect of one permitted period determined by them exercise their power of suspension as defined by sub-paragraph (4) below or their power of borrowing under sub-paragraph (5) below, or both powers.
(4) A local authority's power of suspension is a power to suspend, in whole or in part, any annual provision required to be made during the permitted period for the repayment of the principal.
(5) A local authority's power of borrowing under this subparagraph is a power to borrow money for the payment of all or any of the interest due in respect of the permitted period on the principal.
(6) The permitted period in relation to a sum borrowed as mentioned in sub-paragraph (1)(d) above is a period not longer than ten years, nor beginning ten years or less before the expiration of the fixed period for that sum, and in any other case is a period not longer than five years, nor beginning five years or less, before the expiration of the fixed period for the sum originally borrowed; but the Secretary of State may in any case, if requested to do so by the local authority by whom the sum was borrowed, substitute for the references in the foregoing provision to ten years or the references in that provision to five years a longer period so requested.
(7) A sum borrowed by virtue of sub-paragraph (5) above for the payment of interest on the principal must be repaid within the fixed period for the principal.
(8) Where by virtue of paragraph 7 above a local authority are required to debit a sum, to any account and they suspend, in whole or in part, any annual provision for the repayment of the principal, they may refrain from debiting to that account an amount equal to the amount of the annual provision so suspended.
(9) Any reference in any enactment passed before this Act to Part IX or section 198 of the 1933 Act shall be construed as including a reference to the foregoing provisions of this paragraph.
10 (1) A local authority may, without the approval of the Secretary of State under paragraph I(b) above, borrow by way of temporary loan or overdraft from a bank or otherwise any sums which they may temporarily require -
(a) for the purpose of defraying expenses (including the payment of sums due by them to meet the expenses of other authorities) pending the receipt of revenues receivable by them in respect of the period of account in which those expenses are chargeable;
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(b) for the purpose of defraying, pending the raising of a loan which the authority have been authorised to raise, expenses intended to be defrayed by means of the loan.
(2) Where a local authority borrow money under this paragraph for a purpose mentioned in paragraph l(b) above or, in the case of the Greater London Council, a purpose authorised by any local enactment and subsequently raise a loan for that purpose, tho loan shall, to the extent of the sum borrowed temporarily, be treated for the purposes of this Part of this Schedule as having been made at the time of the temporary borrowing.
11 (1) All money borrowed by a local authority, whether before or after the coming into force of this Schedule, shall be charged indifferently on all the revenues of the authority.
(2) Subject to sub-paragraph (3) below, all securities created by a local authority, whether under this Part of this Schedule or any other enactment or instrument under an enactment, shall rank equally without any priority.
(3) This paragraph shall not affect any priority existing at, or any right to priority conferred by a security created before, 1st June 1934.
12. Two or more local authorities may combine to exercise their powers of borrowing under this Part of this Schedule jointly, and where they do so -
(a) any limit on the amount which each authority may borrow shall apply to the amount which each authority receive from the joint loan;
(b) paragraph 11 above shall apply to the money so borrowed as if references to a local authority were references to the local authority by whom the money is received.
Loans by local authorities
13 (1) A local authority or the Common Council may lend to another authority mentioned in sub-paragraph (2) below, on such terms as may be agreed between them, such sums as that other authority may require for any purpose for which that other authority are authorised to borrow money by or under this Act or any other enactment.
(2) The authorities to whom sums may be lent under sub-paragraph (1) above are local authorities, the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, a joint board consisting of representatives of local authorities or any of the foregoing authorities and, without prejudice to the foregoing, a police or river authority.
14 (1) A principal council may make loans to a harbour authority for a harbour wholly or partly situated within the area of the council, on such terms as may be agreed between the council and the authority, for the purpose of enabling the harbour authority to do anything which they have power to do.
(2) In this paragraph "harbour" and "harbour authority" have the same meanings as in the Harbours Act 1964 (c. 40).
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Funds of local authorities
15 (1) A local authority may in accordance with a scheme made by them establish and operate a loans fund for defraying any expenditure which the authority are authorised by or under any enactment to meet out of moneys borrowed by them and for the repayment or redemption of debt.
(2) A scheme made by a local authority under this section may be varied or revoked by a subsequent scheme made by them.
16 (1) Subject to the provisions of this Part of this Schedule, a local authority may establish either or both of the following funds, that is to say -
(a) a capital fund, to be used for defraying any expenditure of the authority to which capital is properly applicable or in providing money for repayment of loans (but not in making any annual payment required to be made in respect of loans);
(b) a renewal and repairs fund, to be used for the purpose of defraying expenditure to be incurred from time to time in repairing, maintaining, replacing and renewing any buildings, works, plant, equipment or articles belonging to the authority.
(2) It is hereby declared that the reference to the authority in sub-paragraph (1)(b) above, in the case of a county council, includes a reference to a police authority which is a committee of that council.
(3) A fund established by a local authority under this paragraph shall not be used to meet, directly or indirectly, any expenditure incurred by the authority for the purposes of an undertaking of the authority, being a transport, water, district heating, harbour, dock, pier or ferry undertaking or a market or civic restaurant, except that such a fund may be used by the Greater London Council so to meet any expenditure incurred by them for the purpose of a civic restaurant.
(4) Pending the application of any such fund as aforesaid for the purposes authorised by this paragraph, the money in the fund shall (unless applied in any other manner authorised by or under any enactment) be invested in statutory securities.
(5) A local authority may close any fund established by them under any other enactment for a purpose for which a fund may be established under this paragraph and transfer any final balance standing to the credit of the former fund to any other fund established by them under this paragraph.
(6) In this paragraph "statutory securities" means any security in which trustees are for the time being authorised by law to invest trust moneys.
17 (1) Subject to the provisions of this paragraph, a local authority by whom a capital fund is established under paragraph 16 above may pay into that fund -
(a) any sums derived from the sale of any property of the local authority, not being property held by them for
[page 300]
a purpose expenditure on which is prohibited by paragraph 16(3) above:
(b) the whole or any part of the surplus of the revenue income over the revenue expenditure of the revenue fund on 31st March in any year, except so far as required by law to be applied to or carried forward for any other purpose; and
(c) such other sums from the revenue fund as the local authority may by resolution direct:
and shall pay into that capital fund a sum equal to the amount of any income arising from the fund.
(2) The aggregate amount paid by a local authority into a capital fund under paragraphs (b) and (c) of sub-paragraph (1) above shall not, except with the consent of the Secretary of State, exceed in any year the equivalent of the product of a rate of 5p in the pound, and no payment shall be made by the local authority into any such capital fund so as to make the fund exceed such sum as the Secretary of State may from time to time determine either generally or in any particular case.
(3) In the case of an application of money in any such capital fund, the amount to be applied shall not in any one transaction exceed such sum as the Secretary of State may determine generally or in any particular case.
(4) Except as provided by this paragraph, all money applied from any such capital fund may, if the local authority think fit, be repaid from the account to which that money is advanced by such annual instalments (with or without interest) and within such period as the local authority may determine.
18 (1) Subject to the provisions of this paragraph, a local authority by whom a renewal and repairs fund is established under paragraph 16 above may from time to time pay into that fund such sums as they think fit from the revenue fund and shall so pay a sum equal to the amount of any income arising from the renewal and repairs fund.
(2) No payment shall be made by a local authority into any such renewal and repairs fund so as to make the fund exceed such sum as the Secretary of State may from time to time determine either generally or in a particular case.
(3) The purposes for which any such renewal and repairs fund may be applied shall not include expenditure for the purposes of an undertaking of the authority in respect of which the authority are authorised to provide a reserve fund.
19 (1) Notwithstanding anything in any, enactment, a local authority may use, for any purpose for which the authority has a statutory power to borrow, any money forming part of, but not for the time being required for the purposes of, any fund of theirs to which this paragraph applies; and where any such money is so used the following provisions of this paragraph shall have effect.
(2) The money so used shall be repaid to the said fund as follows:-
[page 301]
(a) it shall be repaid as and when it is required for the purposes of that fund;
(b) if not required to be paid earlier under paragraph (a) above, it shall be repaid within the period within which a loan raised under the statutory power would be repayable, or at such time before the expiration of that period as the authority may resolve.
(c) the repayment shall be made out of the revenue fund of the authority, or out of money which would have been applicable to the repayment of a loan raised under the statutory power, and shall be made by the method by which a loan raised under the statutory power would be repayable.
(3) In the accounts of the revenue fund of the authority, an amount equal to interest at the appropriate rate on the money so used and for the time being not repaid shall be credited to the said fund and debited to the undertaking or purpose for which the money is so used.
(4) The statutory power shall be deemed to be exercised by the use of money under this paragraph as fully in all respects as if a loan of the same amount had been raised in exercise of the power.
(5) This paragraph applies to any fund established for the repayment of debt, or as a reserve, or for the maintenance, renewal or repair of property, or for superannuation of staff, or for insurance, or otherwise, for meeting future expenditure of a capital or non-recurring nature, or for any like purpose.
(6) In this paragraph -
"interest at the appropriate rate" means interest at such rate as may be determined by the authority to be equal as nearly as may be to the rate of interest which would be payable on a loan raised on mortgage under the statutory power;
"statutory power to borrow" means a power to borrow conferred by or under this Act or any other enactment, except the power to borrow by way of temporary loan or overdraft conferred by paragraph 10 above.
(7) The powers conferred by this paragraph are in addition to, and not in derogation of, the powers conferred by or under any other enactment.
Miscellaneous
20. A person lending money to a local authority shall not be bound to inquire whether the borrowing of the money is legal or regular or whether the money raised was properly applied and shall not be prejudiced by any illegality or irregularity, or by the misapplication or non-application of any of that money.
21. This Part of this Schedule shall not apply to -
(a) any mortgage of property effected under section 310 of the Public Health Act 1936 (c. 49) or any previous corresponding
[page 302]
enactment, or the power of a local authority under that section to effect a mortgage; or
(b) any local bonds issued under section 138 of the Housing Act 1957 (c. 56) or any previous corresponding enactment, or the power conferred on a local authority by that section to issue local bonds.
22 (1) In this Part of this Schedule -
"debentures" includes debenture stock;
"fixed period", in relation to any money borrowed, means the period within which the money is to be repaid as determined by the local authority with the consent of the Secretary of State or, in the case of the Greater London Council, of the Treasury;
"revenue fund" means the county fund, the general rate fund, the general fund of the Greater London Council or the general rate of the City, as the case may be.
(2) In paragraphs 15 to 19 above "local authority" includes the Common Council and a combined police authority which is a body corporate.
PART II
AMENDMENTS WITH RESPECT TO FINANCE AND RATING
The Rating and Valuation Act 1925
23. In section 2(7) of the Rating and Valuation Act 1925 (c. 90) (as amended by section 116(9) of the General Rate Act 1967 (c. 9)) for the words "a rating area other than a rural district" there shall be substituted the words "any rating area".
The Rural Water Supplies and Sewerage Act 1944
24. In section 6 of the Rural Water Supplies and Sewerage Act 1944 (c. 26) for the words "rural district council" there shall be substituted the words "district council".
Parish Councils Act 1957
25. After subsection (1) of section 3 of the Parish Councils Act 1957 (c. 42) there shall be inserted the following subsection -
(1A) Where the council of a parish or community or a parish meeting exercise the powers conferred on them by subsection (1) above in part only of the parish or community, then, notwithstanding anything in section 150 of the Local Government Act 1972, the parish or community council or parish meeting may by resolution declare the expenses incurred under this section to be 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 or meeting, as the case may be.
[page 303]
The Town and Country Planning Act 1959
26. In the Town and Country Planning Act 1959 (c. 53) for section 27(2)(d) there shall be substituted the following paragraph:-
(d) that the capital money is to be applied by the authority for any purpose for which borrowing is authorised by paragraph 1(b) of Schedule 13 to the Local Government Act 1972.
The Local Government Act 1966
27 (1) In section 1(5) of the Local Government Act 1966 (c. 42) for the words from "but no payment" to "district" there shall be substituted the words "but no payment in respect of the needs element shall be made, to the council of a metropolitan county or a non-metropolitan district".
(2) Notwithstanding anything in section 2(3) of that Act a rate support grant order may be made under that section in advance for the year 1973-74.
The General Rate Act 1967
28 (1) The General Rate Act 1967 (c. 9) shall be amended in accordance with the following provisions of this paragraph.
(2) In, section 2(2) for the words "rural district council" in both places where they occur, and in section 5(1)(e) for those words, there shall be substituted the words "district council".
(3) In section 38(4), for the word "counties" there shall be substituted the words "non-metropolitan counties and metropolitan districts".
(4) In section 67(2)(b) for sub-paragraphs (ii) and (iii) there shall be substituted the following paragraph:-
"(ii) in respect of any rating district."
(5) In section 112, the words "or urban district", "or district" and "rural" shall cease to have effect.
(6) In section 115, for the definition of "rating district" there shall be substituted the following definition:-
"rating district means -
(a) as respects Greater London, a rating area or, subject to paragraph 8(1)(b) of Schedule 4 to this Act, any part of a rating area which is subject to separate or differential rating (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910 (c. xxx) or the City of London (Tithes) Act 1947 (c. xxxi));
(b) except as respects Greater London -
(i) any part of a rating area which is subject to separate or differential rating;
(ii) in a parish or community part of which is so subject, the part which is not so subject;
(iii) a parish no part of which is so subject;
(iv) a community which is not co-extensive with the area of a district and no part of which is so subject;
(v) any part of a rating area in England not falling within sub-paragraph (i), (ii) or (iii) above;
[page 304]
(vi) any rating area no part of which falls within any of the foregoing sub-paragraphs ".
29 (1) Sections 88, 89 and 91 of the said Act of 1967 shall have effect subject to the following provisions of this paragraph.
(2) It shall be the duty of every new county council to make and submit to the Secretary of State not later than a date prescribed for the purposes of this sub-paragraph a scheme for the constitution of a local valuation panel for the county or two or more local valuation panels for areas which together comprise the whole of the county.
(3) A county council may discharge the said duty by making and submitting to ·the Secretary of State a joint scheme with one or more other county councils for the constitution of a local valuation panel or local valuation panels for the whole of their respective counties, or for areas which together comprise the whole of their respective counties.
(4) A scheme under this paragraph shall be treated for all purposes as having been made under section 91(a) of the said Act of 1967 and submitted to the Secretary of State under section 91(3) of that Act.
(5) Any such scheme approved by the Secretary of State under section 91(5) of that Act shall, not come into operation until a date prescribed for the purposes of this sun-paragraph.
(6) Any scheme in force for the purposes of section 88 of that Act immediately before 1st April 1974 for an existing county or county borough shall, notwithstanding the abolition or alteration of the county or borough but subject to section 91(1) of that Act, continue in force until a date prescribed for the purposes of this sub-paragraph and shall then expire.
(7) Any vacancy occurring before the date prescribed for the purposes of this sub-paragraph in the membership of a local valuation panel constituted under a scheme continued in force by sub-paragraph (6) above shall -
(a) if the area for which the panel is constituted is co-extensive with or wholly comprised in the area of a new county, be filled by a person appointed by the council of that county;
(b) otherwise, he filled by a person appointed jointly by the councils for those counties which include any part of the area for which the panel is constituted.
SCHEDULE 14
Section 180
AMENDMENT AND MODIFICATION OF PUBLIC HEALTH ACTS, ETC
PART I
THE PUBLIC HEALTH ACT 1936 (c. 49)
1. For section 1 there shall be substituted the following section -
"1 (1) Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act into execution, that is to say -
[page 305]
(a) in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish or community council of any powers conferred upon such councils;
(b) in a London borough, the borough council;
(c) in the City of London, the Common Council; and
(d) in the Inner Temple and the Middle Temple, the SubTreasurer and the Under Treasurer thereof respectively.
(2) In this Act -
"community", in relation to a common community council acting for two or more grouped communities, means those communities;
"district", in relation to a local authority in Greater London, means a London borough, the City of London, the Inner Temple or the Middle Temple, as the case may be;
"local authority" means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;
"parish", in relation to a common parish council acting for two or more grouped parishes, means those parishes."
2. Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.
3. Proviso (a) to section 7(1) shall cease to have effect.
4. Without prejudice to paragraph 2 above, the following provisions, that is to say, sections 41, 46, 79, 80, 107(1) and (2), 108, 263 and 264 shall apply throughout the district of every local authority.
5 (1) The powers exercisable by a local authority under sections 74(2) and 76(1) shall be exercisable in a county by the county council and in Greater London by the Greater London Council, except that the powers conferred by section 76(1)(c), so far as they relate to the provision of plant or apparatus for sorting and baling waste paper collected separately from other refuse, shall be exercisable concurrently by the local authority and the county council or the Greater London Council, as the case may be, and -
(a) any reference to a local authority in sections 74(2) and 76(1) shall be construed accordingly; and
(b) any reference to a local authority in section 76(3), so far as that subsection relates to material deposited in a place provided for the deposit of refuse, shall be construed as a reference to the county council or the Greater London Council as the case may be, and not to any other authority.
(2) The places provided by a county council or the Greater London Council under section 76(1) of the said Act of 1936 for the deposit of refuse may be either places for the initial deposit by local authorities of refuse removed by them or places for the final deposit
[page 306]
of refuse, and the powers of the county council and the Greater London Council under that section shall include power -
(a) to transport refuse from the former kind of place to the latter kind or to plant or apparatus provided by the county council or the Greater London Council, as the case may be, under that section; and
(b) to sell any refuse which has been deposited at any such place or delivered to the council under section 74(2).
(3) It shall be the duty of a local authority, unless otherwise directed by the county council or the Greater London Council, to deposit, at the place appointed for the deposit thereof, all refuse removed by that authority within their district, except any refuse sold by them under section 76(2).
(4) An order under section 254 above may include provisions for securing that proper arrangements are in force with respect to the removal, treatment and disposal of refuse during the period of two years beginning with 1st April 1974, and sections 74(2) and 76 of the said Act of 1936 and the foregoing provisions of this paragraph shall have effect subject to the provisions of any such order.
6 (1) Where a local authority make charges under section 73(2) for removing trade refuse, the county council or the Greater London Council, as the case may be, shall be entitled to such proportion of the proceeds as may be agreed or as may, in default of agreement, be determined by arbitration to be reasonable, having regard to the expenditure incurred by the county council or the Greater London Council in discharging their functions in connection with refuse.
(2) The county council or the Greater London Council, as the case may be, shall pay a reasonable contribution towards expenditure reasonably incurred by a local authority in conveying refuse removed by the authority from premises within their district to any place appointed by the county council or the Greater London Council for the deposit of such refuse where the distance of that place from the district is unreasonably far or the place is unsuitable for the authority's refuse removal vehicles.
(3) Any dispute between a local authority and the county council or the Greater London Council as to whether -
(a) expenditure has been reasonably incurred in conveying refuse;
(b) a place is unreasonably far from the local authority's district or unsuitable for their refuse removal vehicles;
(c) the amount of any contribution is reasonable;
shall be determined by arbitration.
7. Paragraphs 5 and 6 above shall not apply to Wales.
8. In section 77(2)(b) the words from "or, in case of dispute" to the end shall cease to have effect.
9 (1) For sections 87(1) and (2) there shall be substituted the following subsections:-
"(1) A county council, the Greater London Council, a local authority or a parish or community council may, subject to
[page 307]
subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.
(2) Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority."
(2) In section 87(3) for the words "a county council or local" there shall be substituted the words "any such council or".
10. In section 88 any reference to a local authority shall in relation to a street, being a highway for which the local authority are not the highway authority, be construed as a reference to the highway authority.
11. In section 107(1) for the definition of "offensive trade" there shall be substituted the following definition:-
" In this section 'offensive trade' means -
(a) as regards the whole of the district of the authority, the trade or business of a blood boiler, blood drier, bone boiler, fat extractor, fat melter, fellmonger, glue maker, gut scraper, rag or bone dealer, size maker, soap boiler, tallow melter or tripe boiler; and
(b) as regards the whole or part of that district, any other trade, business or manufacture -
(i) which immediately before, 1st April 1974 was by virtue of any enactment an offensive trade in that district or part, as the case may be; or
(ii) which the local authority by order confirmed by the Secretary of State and published in accordance with his directions have, on or after that date, declared to be an offensive trade in that district or part, as the case may be."
12. The power of the Secretary of State to require local authorities to make byelaws under section 108 is hereby abolished.
13. In sections 152(1), 157, 158(1) and 163(1) any reference to the medical officer of health of a district or some other registered medical practitioner shall be construed as a reference to the proper officer of the local authority for that district or a registered medical practitioner.
14. In sections 153(2), 160(3) and 242 for any reference to the medical officer of health of a district there shall be substituted a reference to the local authority for the district.
15. In section 162(1) for the words from "the medical officer of health" to "that district" there shall be substituted the words "the proper officer of the local authority for the district in which a dead body lies".
16. In section 179, for the words from the beginning to "county council or" there shall be substituted the words "The council of a non-metropolitan county or a".
17. In section 203 for references to the medical officer of health of the welfare authority and his office or residence there shall be substituted references respectively to the welfare authority and their offices.
[page 308]
18. The powers conferred by Part VIII on local authorities within the meaning of the Public Health Act 1936 (c. 49) shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.
19. All directions in force under section 267(1)(c) immediately before 1st April 1974 shall cease to have effect.
20. Any reference in section 278 to a local authority shall include a reference to a county council and the Greater London Council.
21. Section 321 shall cease to have effect.
22. In section 343 for the definition of contributory place there shall be substituted the following definition:-
"'contributory place' means a rating district within the meaning of the General Rate Act 1967 (c. 9).".
PART II
OTHER ENACTMENTS
Public Health Acts 1875 to 1925
23. Subject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.
24. Paragraph 23 above shall not apply to the following enactments, that is to say -
(a) so much of section 160 of the Public Health Act 1875 (c. 55) as incorporates the provisions of the Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as "the original street-naming enactment");
(b) section 171(4) of the said Act of 1875;
(c) section 51 of the Public Health Acts Amendment Act 1890 (c. 59);
(d) sections 21, 82, 83 and 85 of the Public Health Acts Amendment Act 1907 (c. 53); and
(e) sections 17 to 19 and 76 of the Public Health Act 1925 (c. 71); and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.
25 (1) Subject to sub-paragraphs (2) and (4) below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).
[page 309]
(2) A resolution under this paragraph disapplying -
(a) section 171(4) of the Public Health Act 1875 (c. 55);
(b) section 51 of the Public Health Acts Amendment Act 1890 (c. 59);
(c) section 82, 83 or 85 of the Public Health Acts Amendment Act 1907 (c. 53); or
(d) section 76 of the Public Health Act 1925 (c. 71);
must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.
(3) A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout !that area.
(4) A resolution under this paragraph applying or disapplying section 171(4) of the Public Health Act 1875 throughout an area shall not' have effect unless approved by the Secretary of State.
(5) The notice which is requisite for a resolution given under subparagraph (1) above is a notice -
(a) given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area: and
(b) served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.
(6) The date on which a resolution under this paragraph is to take effect shall -
(a) except in the case of a resolution applying or disapplying section 171(4) of the Public Health Act 1875 throughout any area, he a date specified therein, being not earlier than one month after the date of the resolution; and
(b) in the said excepted case, be a date specified in the Secretary of State's approval of the resolution.
(7) A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.
26. The following enactments shall not extend to Greater London, that is to say -
(a) sections 160 and 171 of the Public Health Act 1875;
(b) section 51 of the Public Health Acts Amendment Act 1890;
[page 310]
(c) sections 21 and 80 of the Public Health Acts Amendment Act 1907 (c. 53) and so much of section 81 of that Act as relates to the Town Police Clauses Act 1847 (c. 89);
(d) sections 17 to 19, 75 and 76 of the Public Health Act 1925 (c. 71).
27 (1) The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly.
(2) This paragraph applies to the following enactments, that is to say -
(a) section 164 of the Public Health Act 1875 (c. 55);
(b) section 44 of the Public Health Acts Amendment Act 1890 (c. 59);
(c) Part VI of the Public Health Acts Amendment Act 1907, as amended by Part VI of the Public Health Act 1925.
28. A district council shall not without the consent of the highway authority -
(a) provide a clock under section 165 of the Public Health Act 1875 in a case where it overhangs a highway; or
(b) exercise any power under section 40 or 42 of the Public Health Acts Amendment Act 1890 or section 14 or 75 of the Public Health Act 1925 in relation to a highway.
29. A highway authority who are not a local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.
30. Any reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the London Government Act 1963 (c. 33), be construed as a reference to the Greater London Council alone.
31. A local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.
32. So much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.
33. In section 16(1) of the Public Health Act 1925 the words from "in relation" to "county council or" shall cease to have effect.
The Parish Councils Act 1957
34. In section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word "council", in the second place where it occurs, there shall be substituted the words "The council
[page 311]
of a parish or community or, in the case of a parish for which there is no parish council" and for the words "in that part of the parish, as the case may be" there shall be substituted the words "community, or in any part thereof".
The Public Health Act 1961
35. Section 16 of the Public Health Act 1961 (c. 64) shall cease to have effect.
36. In section 17(1) of that Act for the words "the medical officer of health or public health inspector" there shall be substituted the words "the local authority" and for the word "he" there shall be substituted the word "they".
37. The powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.
38 (1) In section 38(1) of that Act for the words "the medical officer of health for any district" there shall be substituted the words "a registered medical practitioner nominated by the local authority for a district" and for the words from "the medical officer of health", in the second place where they occur, to the end there shall be substituted the words "a registered medical practitioner so nominated".
(2) In section 38(2) of that Act for the words from "the medical officer" to the end there shall be substituted the words "a registered medical practitioner so nominated to enter any premises, and for the purposes of that subsection that practitioner shall, if not an officer of the local authority, be treated as one."
39. In section 40(2) of that Act, the words "on the advice of their medical officer of health" shall cease to have effect.
40. The powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.
41. The proviso to section 51(1) of that Act shall cease to have effect.
42. The powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.
43. The functions of a local authority under section 73 of that Act shall be functions solely of the county council and the Greater London Council, and references in that section to a local authority shall be construed accordingly.
[page 312]
The Local Government Act 1966
44. For section 10(1)(a) of the Local Government Act 1966 (c. 42) there shall be substituted the following paragraph:-
"(a) in the payment of salaries to registered medical practitioners and other persons with professional qualifications in the practice and administration of public health who are employed by such authorities."
The Civic Amenities Act 1967
45. In section 18(6) of the Civic Amenities Act 1967 (c. 69) for the definition of local authority there shall be substituted the following definition:-
"'local authority' means, in relation to England, the council of a county and the Greater London Council and, in relation to Wales, the council of a district."
The Health Services and Public Health Act 1968
46. Section 51 of the Health Services and Public Health Act 1968 (c. 46) shall cease to have effect.
47 (1) In section 54(1) of that Act for the words "the medical officer of health or by a registered medical practitioner nominated by him" there shall be substituted the words "a registered medical practitioner nominated by the local authority for that district".
(2) In section 54(2) of that Act for the words from "the medical officer" to the end there shall be substituted the words "a registered medical practitioner so nominated to enter any premises, and for the purposes of that subsection that practitioner shall, if not an officer of the local authority, be treated as one".
48. In section 70 of the said Act of 1968 for the words from "the medical officer of health" to "receives" there shall be substituted the words "the former authority shall on the day on which they receive".
The Deposit of Poisonous Waste Act 1972
49. In section 5(1) of the Deposit of Poisonous Waste Act 1972 (c. 21), for paragraph (a) there shall be substituted the following paragraphs:-
'(a) in England, county councils and the Greater London Council;
(aa) in Wales, district councils; and'.
SCHEDULE 15
Section 181
AMENDMENT AND MODIFICATION OF ENACTMENTS RELATING TO WATER AND SEWERAGE
The Public Health Act 1936
1. In section 15(4) of the Public Health Act 1936 (c. 49) for the words "rural authority" there shall be substituted the words "district council".
[page 313]
2. In section 126(4) of that Act the words from "or any five" to "rural district" and the words "or contributory place" in the second place where those words occur shall cease to have effect.
The Water Act 1945
3. In paragraph 27 of Schedule 1 to the Water Act 1945 (c. 42) for the words "in each borough, urban district and rural parish" there shall be substituted the words "in each London borough, district and parish in England and each community in Wales."
4. In paragraph 1 of Schedule 3 to that Act, the definition of "county district" and, in the definition of "local authority" the words "or rural", shall cease to have effect.
SCHEDULE 16
Section 182
FUNCTIONS UNDER, AND AMENDMENT AND MODIFICATION OF, ENACTMENTS RELATING TO TOWN AND COUNTRY PLANNING
PART I
TOWN AND COUNTRY PLANNING ACT 1971 (c. 78)
Structure and local plans
1 (1) For section 11(1) and (2) there shall be substituted the following subsections -
"(1) Where a county planning authority are in course of preparing a structure plan for their area, or have prepared for their area a structure plan which has not been approved or rejected by the Secretary of State, the local planning authority to whom it falls to prepare a local plan for any part of that area may, if they think it desirable, prepare a local plan for all or any of that part of the area.
(2) Where a structure plan for the area of a county planning authority has been approved by the Secretary of State, the local planning authority to whom it falls to prepare a local plan for any part of that area shall as soon as practicable consider, and thereafter keep under review, the desirability of preparing and, if they consider it desirable and they have not already done so, shall prepare one or more local plans for all or any of that part of the area ".
(2) In section 11(3)(a), after the words "such detail as the" there shall be inserted the words "local planning".
(3) In section 11, after subsection (9) there shall be inserted the following subsection:-
(9A) For the purpose of discharging their functions under this section a district planning authority may, in so far as it appears to them necessary to do so having regard to the survey made by the county planning authority under section 6 of this Act, examine the matters mentioned in subsections (1) and (3) of that section so far as relevant to their area".
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2 (1) For section 12(1)(a) there shall be substituted the following paragraph:-
"(a) that adequate publicity is given in the area in question to any relevant matter arising out of a survey carried out under section 6 or 11 of this Act and to the matters prow posed to be included in the plan".
(2) In section 12, after subsection (1), there shall be inserted the following subsection:-
"(1A) A county or district planning authority to whom it falls to prepare a local plan for any part of their area shall -
(a) consult the district planning authority or the county planning authority, as the case may be, with respect to the contents of the plan;
(b) afford the latter authority a reasonable opportunity to express their views;
(c) take those views into consideration."
(3) For section 12(2) there shall be substituted the following subsection:-
"(2) When a local planning authority have prepared a local plan and the Secretary of State has approved the structure plan so far as it applies to the area of that local plan and, in a case where the local planning authority are required to obtain a certificate under section 14 of this Act, they have obtained that certificate, they shall before adopting the local plan or submitting it for approval under that section make copies of it available for inspection at their office and at such other places as may be prescribed and send a copy to the Secretary of State and to the district or county planning authority, as the case may require; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the local plan may be made to the local planning authority".
3 (1) In section 14(2), after the word "conforms", there shall be inserted the words "and, in the case of a local plan prepared by a district planning authority, a certificate is issued under subsection (5) or (7) of this section that it conforms".
(2) In section 14, at the end there shall be added the following subsections:-
"(5) Where a district planning authority have prepared a local plan for any part of their area the structure plan for which has been approved by the Secretary of State, they shall request the county planning authority to certify that the local plan conforms generally to the structure plan and, subject to subsection (6) below, the county planning authority shall, within the period of one month from their receipt of the request or such longer period as may be agreed between them and the district planning authority, consider the matter and, if satisfied that the local plan does so conform, issue a certificate to that effect; and if it appears to the county planning authority that the local plan does not 50 conform in any respect, they shall, during or as soon
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as practicable after the end of that period, refer the question whether it so conforms in that respect to the Secretary of State to be determined by him.
(6) The Secretary of State may in any case by direction to a county planning authority reserve for his own determination the question whether a local plan conforms generally to a structure plan.
(7) Where on determining a question referred to or reserved for him under subsection (5) or (6) of this section the Secretary of State is of opinion that a local plan conforms generally to the relevant structure plan in the relevant respect or, as the case may be, all respects he may issue, or direct the county planning authority to issue, a certificate to that effect, and where he is of contrary opinion, he may direct the district planning authority to revise the local plan in such respects as he thinks appropriate so as to secure that it will so conform and thereupon those subsections and the preceding provisions of this subsection shall apply to the revised plan."
4. In section 17(1)(a), after the words "that the" there shall be inserted the word "relevant".
5. In section 18(1)(d) after the words "notified the" there shall be inserted the word "relevant".
6. In Part I of Schedule 5 in its application outside Greater London for references to the local planning authority there shall be substituted references to the county planning authority.
7. The local planning authority who are to be treated by paragraph 4 of Schedule 7 as having adopted any street authorisation map mentioned in that paragraph shall be the county planning authority.
Joint plans
8 (1) The following provisions of this paragraph shrill have effect where two or more county planning authorities prepare a structure plan jointly.
(2) The county planning authorities shall take such steps as will in their opinion secure -
(a) that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so;
(b) that such persons are given an adequate opportunity of making such representations.
(3) Section 8(1)(b) and (c) shall not apply in relation to a joint structure plan and references in section 8, to subsection (1) of that section and the purposes of paragraphs (a) to (c) thereof shall include references respectively to sub-paragraph (2) above and the purposes of paragraphs (a) and (b) thereof.
(4) Each of the county planning authorities by whom a joint structure plan has been prepared shall have the duty imposed by section 8(2) of making copies of the plan available for inspection.
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9 (1) Where a structure plan has been prepared jointly, the power of making proposals under section 10(1), for the alteration, repeal or replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to submit such proposals as respects their respective areas.
(2) In relation to the joint submission of such proposals, the reference in section 10(2) to section 8 shall include a reference to paragraph 8 above.
10 (1) The following provisions of this paragraph shall have effect where two or more local planning authorities prepare a local plan jointly.
(2) The local planning authorities shall take such steps as will in their opinion secure -
(a) that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so; and
(b) that such persons are given an adequate opportunity of making such representations.
(3) Section 12(1)(b) and (c) shall not apply in relation to joint local plans and references in section 12 to subsection (1) of that section and the purposes of paragraphs (a) to (c) thereof shall include references respectively to sub-paragraph (2) above and the purposes of paragraphs (a) and (b) thereof.
(4) Each of the local planning authorities by whom a joint local plan has been prepared shall have the duty imposed by section 12(2) of making copies of the plan available for inspection, and objections to the plan may be made to any of those authorities and the statement required by section 12(2) to accompany copies of the plan made available for inspection shall state that objections may be so made.
11 (1) It shall fall to each of the local planning authorities by whom a joint local plan was prepared to adopt the plan under section 14(1) and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which it is adopted must be agreed between all those authorities.
(2) Where a structure plan has been jointly prepared by two or more county planning authorities or a local plan has been jointly prepared by two or more district planning authorities, a request for a certificate under section 14(5) that the local plan conforms generally to the structure plan shall be made by each district planning authority to the county planning authority for the area comprising the district planning authority's area and it shall fall to that county planning authority to deal with the request.
12 (1) Where a local plan has been prepared jointly, the power of submitting proposals under section 15(1) for the alteration, repeal or replacement of the plan may be exercised as respects their
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respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that subsection direct any of them to submit such proposals as respects their respective areas.
(2) In relation to the joint submission of such proposals the reference in section 15(3) (as it has effect outside Greater London) to section 12 shall include a reference to paragraph 10 above.
13. The date appointed under section 18(4) for the coming into operation of a local plan prepared jointly by two or more local planning authorities or for the alteration, repeal or replacement of a local plan in pursuance of proposals so prepared shall be one jointly agreed by those authorities and be specified In their respective resolutions adopting the plan.
14 (1) Paragraph 10(3) and (4) above shall not, and the following provisions of this paragraph shall, apply in Greater London.
(2) Notwithstanding anything in paragraph 8(3) of Schedule 4, the Greater London Council may prepare a local plan for the whole or part of a G.L.C. action area (within the meaning of that paragraph) jointly with a London borough council or the Common Council.
(3) Sub-paragraph (1)(b) and (c) of paragraph 12 of that Schedule shall not apply in relation to joint local plans and the reference in sub-paragraph (3) of that paragraph to sub-paragraph (1) of that paragraph, and the reference in paragraph 14(2) to sub-paragraph (1)(a) to (c) of the said paragraph 12, shall both include a reference to paragraph 10(2) above.
(4) Where the Greater London Council is one of the local planning authorities by whom a joint local plan has been prepared, that Council shall not be required to take any steps under the said subparagraph (2) which can in their opinion be taken, and are taken, by any other local planning authority whose area comprises any part of the area to which the plan relates.
(5) Each of the local planning authorities by whom a joint local plan has been prepared for any part of Greater London shall have the duty imposed by sub-paragraph (2) of the said paragraph 12 of making copies of the plan available for inspection, and objections to the plan may be made to any of those authorities and the statement required by sub-paragraph (3) of that paragraph to accompany copies of the plan made available for inspection shall state that objections may be so made.
(6) In relation to the joint submission of proposals under section 15(1) for the alteration, repeal or replacement of a local plan the reference in section 15(3} (as it has effect in Greater London) to the said paragraph 12 shall include a reference to paragraph 10 above and the foregoing provisions of this paragraph.
Planning and special control
15 (1) The functions of a local planning authority of determining -
(a) applications for planning permission under Part III;
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(b) applications for determining under section 53 whether an application for such permission is required;
(c) applications for an established use certificate under section 94;
shall, subject to sub-paragraph (2) below be exercised by the district planning authority.
(2) The functions of a local planning authority of determining any such application as aforesaid which appears to the district planning authority to relate to a county matter shall be exercised by the county planning authority unless the application relates to a county matter mentioned in paragraph 32(d) below and the district planning authority propose -
(a) to refuse planning permission;
(b) to determine that an application for planning permission is required; or
(c) to refuse an application for an established use certificate as respects the whole of the land to which the application relates.
(3) Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority, and in the case of an application for planning permission that authority shall send a copy of the application as soon as may be after they have received it to the county planning authority and also to the local highway authority, if not a local planning authority, except in any case or class of case with respect to which the county planning authority or the local highway authority, as the case may be, otherwise direct.
(4) The foregoing provisions of this paragraph shall not apply to applications relating to land in a National Park, but paragraph 16 below shall apply to such applications instead.
16 (1) Each of the following applications under the Town and Country Planning Act 1971 (c. 78), that is to say -
(a) applications for planning permission;
(b) applications for determining under section 53 whether an application for such permission is required:
(c) applications for listed building consent under section 55;
(d) applications for consent to the display of advertisements under section 63; and
(e) applications for an established use certificate under section 94;
shall, if relating to land in a National Park, be made to the district planning authority who shall, unless it falls to be determined by them, send it on to the county planning authority and, in the case of an application for planning permission, shall send a copy to the local highway authority, except where the local highway authority are a local planning authority and except in any case or class of case with respect to which the local highway authority otherwise direct.
(2) Where any such application relating to land in a National Park or an application so relating for approval of a matter reserved under
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an outline planning permission within the meaning of section 42 falls to be determined by a county planning authority, that authority shall before determining it consult with the district planning authority for the area in which the land to which the application relates is situated.
17. The Secretary of State shall include in a development order under section 24 provision enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority, that is to say -
(a) the formation, laying out or alteration of any means of access to a road classified under section 27 of the Local Government Act 1966 or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;
(b) any other operations or use of land which appear to the local highway authority to be likely to result in a material increase in the volume of traffic entering or leaving such a classified or proposed road, to prejudice the improvement or construction of such, a road or to result in a material change in the character of traffic entering, leaving or using such a road.
18. The provisions which may be contained in any such order shall include provision -
(a) requiring a county planning authority who are determining any application mentioned in paragraph 15 above and relating to a county matter, or an application for approval of a matter reserved under an outline planning permission within the meaning of section 42 and so relating, to afford the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application shall be determined, and to take into account any such recommendations;
(b) requiring a county or district planning authority who have received any application so mentioned or any application for such approval (including any such application relating to land in a National Park) to notify the district or county planning authority, as the case may be, of the terms of their decision, or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.
19. Except in the case of any description of operations or use of land specified in an order made by the Secretary of State, the county planning authority for any area may give directions to the district planning authority for any part of that area as to how the district planning authority are to determine any application under the Town and Country Planning Act 1971 in any case where it appears to the
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county planning authority that any proposals in the application would substantially and adversely affect their interests as local planning authority.
20 (1) Where a district planning authority have been notified in writing by the council of a parish or community wholly or partly situated in the area of that authority that the council wish to be informed of every application for planning permission relating to land in the parish or community or of every application so relating for approval of a matter reserved under an outline planning permission within the meaning of section 42, or of any description of such applications, and receive any such application or, as the case may be, an application of any such description, they shall inform the council in writing of the application, indicating the nature of the development to which the application relates and identifying the land to which it relates.
(2) The provisions which may be contained in a development order under section 24 shall include provision requiring -
(a) a local planning authority, who are determining any application of which the council of a parish or community are entitled to be informed, to afford that council an opportunity to make representations to the local planning authority as to the manner in which the application should be determined and to take into account any such representations;
(b) the district planning authority to notify that council of the terms of their or the county planning authority's decision on any such application or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.
21 (1) In section 2g(2) (publicity for applications affecting conservation areas), for the words "The local planning authority" there shall be substituted the words "In Greater London the local planning authority, in a National Park the county planning authority and elsewhere the district planning authority".
(2) Where it is the duty of the district planning authority to take the steps required by section 28(2) in relation to an application which falls to be determined by the county planning authority, the district planning authority shall as soon as may be after taking those steps notify the county planning authority of the steps which they have taken and the date on which they took them.
22. In section 3(1) (directions as to method of dealing with applications for planning permission), for paragraph (c) there shall be substituted the following paragraph -
"(c) for requiring that, before planning permission for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State thereunder shall consult with such authorities or persons as may be so prescribed".
23. Elsewhere than in a National Park the functions of a local planning authority under section 44 (completion notices)
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shall be exercisable by the district planning authority, except that where the relevant planning permission was granted by the county planning authority, those functions, so far as relating to that permission, shall be exercisable by the county planning authority and also by the district planning authority after consulting the county planning authority.
24 (1) The functions of a local planning authority of -
(a) making orders under section 45 revoking or modifying planning permission, or under section 51 requiring discontinuance of use, or imposing conditions on continuance of use, or requiring the alteration or removal of building or works, or
(b) serving enforcement notices under section 87 or stop notices under section 90,
shall, subject to sub-paragraph (2) below, be exercisable by the district planning authority.
(2) In a case where it appears to the district planning authority that the functions mentioned in sub-paragraph (1) above relate to county matters they shall not exercise those functions without first consulting the county planning authority.
(3) Those functions shall also be exercisable by a county planning authority in a case where it appears to that authority that they relate to a matter which should properly be considered a county matter.
25 (1) Subject to sub-paragraph (2) below, the functions of a local planning authority under sections 34 (registers of applications and decisions), sections 55, 56, 96, 99 and Schedule 11 (listed buildings) and sections 63 and 109 (control of advertisements) shall be exercised by the district planning authority.
(2) The power of defining areas of special control for the purposes of regulations under section 63 by orders approved by the Secretary of State under section 63(4) shall be exercisable both by county planning authorities and by district planning authorities.
26 (1) Sections 48 and 49 (Planning inquiry commissions) shall be amended in accordance with sub-paragraphs (2) and (3) below.
(2) The copy of the notice required to be served by section 49(2) on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 40 or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made.
(3) References in sections 48(6)(b) and 49(3) to the local planning authority shall be construed as references to the local planning authority on whom the said copy is required to be served.
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27. Where a county planning authority or district planning authority have made a tree preservation order under section 60 or the Secretary of State has made such an order by virtue of section 276 (default powers), the power of varying and revoking the order and the powers of dispensing with section 62, or serving, or appearing on an appeal relating to, a notice under section 103 (enforcement of duties as to replacement of trees) shall be exercisable only by the authority who made the order or, in the case of an order made 'by the Secretary of State, the authority named in the order.
28 (1) In section 54(4) (lists of buildings of special architectural or historic interest), for all the words after "deposited with" there shall be substituted the words "the proper officer of the borough or district council and, outside Greater London, with the proper officer of the county planning authority whose area or any part of whose area includes the district, or any part of it, and where the district council are not the district planning authority, the proper officer of that authority".
(2) In section 54(11) for the words after "consult with" there shall be substituted the words -
"(a) in Greater London, the local planning authority;
(b) in a National Park, the county planning authority;
(c) elsewhere the district planning authority; and
(d) in any case the owner and the occupier of !the building."
29. In sections 91(1) and 93(4Xb) (enforcement notices) and section 108(2) (enforcement of orders under s. 51 requiring discontinuance of use, etc) any reference to the local planning authority shall be construed as a reference to the authority who served the notice or made the order in question or, in the case of a notice served or an order made by the Secretary of State, the authority named in the notice or order.
30. The local planning authority who may appeal to the Crown Court under section 106 (further appeals in connection with notice as to waste land) shall be the authority who served the notice in question under section 65 or, if the notice was served by the Secretary of State, the authority named in the notice.
31. The powers of local authorities under sections 114. 115 and 126 (compulsory acquisition and management of listed buildings) and 119 (acquisition of land by agreement) shall be exercisable by joint planning boards as well as by the local authorities mentioned in those sections.
32. In the foregoing provisions of this Schedule "county matter" means in relation to any application, order or notice -
(a) the winning and working of minerals in, on or under land (whether by surface or underground working) or the erection of any building, plant or machinery -
(i) which it is proposed to use in connection with the winning and working of minerals or with their treatment or disposal in or on land adjoining the site of the working; or
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(ii) which a person engaged in mining operations proposes to use in connection with the grading, washing, grinding or crushing of minerals;
(b) the carrying out of searches and tests of mineral deposits or the erection of any building, plant or machinery which it is proposed to use in connection therewith;
(c) the disposal of mineral waste;
(d) the carrying out of operations or a use of land which, in either case -
(i) would conflict with, or prejudice the implementation of fundamental provisions of the structure plan for the area in question or fundamental proposals for such a plan or for alterations to such a plan to which publicity has been given in pursuance of section 8;
(ii) would conflict with, or prejudice the implementation of, fundamental provisions of a development plan approved under Part I of Schedule 5, or any enactments replaced by that Part, so far as in force in the area in question or, with proposals submitted to the Secretary of State for alterations or additions to such a plan;
(iii) would be inconsistent in any respect with the provisions of a local plan for the area in question prepared by the county planning authority or proposals for such a plan or for alterations to such a plan to which publicity has been given in pursuance of section 12; or
(iv) would he inconsistent in any respect with any statement of planning policy adopted by the county planning authority or with any proposals of theirs for development which in either case have been notified by them to the district planning authority;
(e) the carrying out of operations in, on, over or under land, or any use of land, which is situated partly in and partly outside a National Park;
(f) the carrying out of any operation which is, as respects the area in question, a prescribed operation or an operation of a prescribed class or any use which is, as respects that area, a prescribed use or use of a prescribed class.
33. In section 134(4) (interpretation of Part VII), for the words after "interest therein" there shall be substituted the words "and 'local planning authority', in relation to a planning decision, means the authority who made the decision".
Compensation
34 (1) Claims for payment of compensation under the following provisions, that is to say, section 164 (compensation where planning permission is revoked or modified), including that section as applied by section 165, and sections 169, 170, 171, 172, 173, 176 and 177 (compensation in connection with other restrictions) shall, subject to sub-paragraph (3) below, be made to and paid by the local planning authority who took the action by virtue of which
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the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him, or, in the case of an order made or notice served by him by virtue of section 276 (default powers) the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly.
(2) In this paragraph "appropriate authority" means -
(a) in the case of a claim for compensation under section 164, 165 or 172, the local planning authority who granted, or are to be treated for the purposes of section 164 as having granted, the planning permission or listed building consent the revocation or modification of which gave rise to the claim;
(b) in the case of a claim for compensation under section 173 or 176, the district planning authority;
(c) in the case of a claim for compensation under section 170 or 177, the local planning authority named in the relevant order or stop notice of the Secretary of State.
(3) The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) above in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.
35. Claims for payment of compensation under a tree preservation order by virtue of section 174, and claims for payment or compensation under section 175 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.
36. The local planning authority by whom compensation is to be paid under section 237(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.
Purchase notices
37. The duty of the Secretary of State to give a notice under section 182(2)(c) (procedure on purchase notices) to the local planning authority shall be a duty to give it -
(a) to the county planning authority and also, where that authority is a joint planning board, to the county council; and
(b) to the district council on whom the purchase notice in question was served and also, where that council is a constituent member of a joint planning board, to that board.
38. The local planning authority by whom compensation is to be paid and on whom a claim for compensation is to be served under
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section 187(2) (compensation where purchase notice served) shall be the district planning authority.
Stopping up and diversion of highways
39. In section 209 (stopping up and diversion of highways), in subsection (2)(b), for the words from "any local" to "order" there shall be substituted the words "any county council or London borough council specified in the order or, if it is so specified, the Greater London Council or the Common Council of the City of London".
40. The following subsection shall be substituted for section 210(4) (stopping up and diversion of footpaths and bridleways):-
"(4) In this section 'competent authority' means, in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State, who would have had power to grant it and in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made".
Conversion of highway into footpath or bridleway
41 (1) Section 212 (changing highways for vehicles into footpaths or bridleways) shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (2) for the words from "made" to "different)", there shall be substituted the words "by a local planning authority who have so resolved made after consultation with the highway authority (if different) and any other authority who are a local planning authority for the area in question".
(3) In subsection (3) after "consultation with" there shall be inserted the words "every authority who are a local planning authority for the area in question and".
(4) In subsections (5) and (6) after the words "local planning authority" there shall be inserted the words "on whose application the order was made".
(5) In subsection (8) for the words from "made" to "different)" there shall be substituted the words "by any authority who are a local planning authority for the area in question made after consultation with the highway authority (if different) and any other authority who are a local planning authority for that area".
42. In section 213(5) (requirement for competent authority to obtain consent from certain other authorities before carrying out and maintaining amenity works on highways reserved to pedestrians) for the words from "have" to the end of the subsection there shall be substituted the words "consulted the highway authority (if different) and any authority (other than themselves) who are a local planning authority for the area in question".
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Miscellaneous
43. In section 1 (local planning authorities) -
(a) in subsection (4)(b) for the words "county borough", in both places where they occur, there shall be substituted the word "district" and for the words "that district" there shall be substituted the words "the united district", and
(b) in subsection (6) for the words from "section 8" onwards there shall be substituted the words "Part I of Schedule 17 to the Local Government Act 1972".
44. Section 3 (delegation of functions to district councils) shall cease to have effect.
45. In section 192(1) (scope of blight provisions), the reference in paragraph (f) to the local planning authority shall be construed, in relation to land in a National Park, as a reference to the county planning authority and, in relation to land elsewhere, as a reference to the district planning authority.
46. In section 245(7) (proceedings for questioning the validity of certain orders, etc) for the words from "and any reference" onwards there shall be substituted the words "and any reference to the authority directly concerned with any order or action to which this section applies -
(a) In relation to any such decision as is mentioned in section 242(3)(i) or (j) of this Act, is a reference to the council on whom the notice in question was served and, in a case where the Secretary of State has modified such a notice wholly or in part by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or statutory undertakers;
(b) in any other case in Greater London, is a reference to the local planning authority; and
(c) in any other case outside Greater London, is a reference to the local planning authority who made the order in question or made the decision or served the notice to which the proceedings in question relate, or who referred the matter to the Secretary of State, or, where the order or notice in question was made or served by him, the authority named in the order or notice.".
47 (1) The local planning authority to whom the Secretary of State may give directions under section 276(1) (default powers) and whom he is required to consult under that subsection or serve with a notice of his proposals under section 276(4) shall be the county planning authority or the district planning authority, as he thinks appropriate, and references in those subsections to the local planning authority shall be construed accordingly.
(2) In section 276(5) any reference to the local planning authority shall be construed -
(a) in relation to a listed building enforcement notice, as a reference to the district planning authority; and
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(b) in any other case, as a reference to the county planning authority or the district planning authority, as the Secretary of State thinks appropriate.
48. The dutY imposed by section 277 on local planning authorities of determining which areas shall be conservation areas and of designating them shall be the duty of district planning authorities but county planning authorities, shall have the power to make determinations, under that section and to designate such areas, and -
(a) references in that, section to a local planning authority shall be construed accordingly; and
(b) in subsection (3) of that section for the words from "and a local" to the end there shall be substituted the words "a district planning authority outside Greater London shall consult with the council or councils of the county or counties in which the area of the authority is comprised and a county planning authority shall before making any such determination consult with the council or councils of the district or districts of which any part is included in the area to which the proposed determination relates."
49. In Schedule 1, for the words "Schedule 2 to this Act" there shall be substituted the words "sections 102 and 103 of the Local Government Act 1972".
50. In paragraph 7 of Schedule 4, as set out in Schedule 1 to the Town and Country Planning (Amendment) Act 1972 (c. 42), for the words "11 and 12" there shall be substituted the words "10C, 11, 12 and 14(5) to (7)".
51 (1) The validity of any permission, determination or certificate granted, made, or issued or purporting to have been granted, made or issued, by a local planning authority in respect of an application mentioned in paragraph 15 or 16 above shall not be called in question in any legal proceedings, or in any proceedings under the Town and Country Planning Act 1971 (c. 78) which are not legal proceedings, on the ground that the permission, determination or certificate should have been granted, made or given by some other local planning authority.
(2) The validity of any order or notice mentioned in paragraph 24 above and purporting to have been made or served by a local planning authority shall not be called in question in any such proceedings on the ground -
(a) in the case of an order or notice purporting to have been made or served by a district planning authority, that they failed to comply with paragraph 24(2) above;
(b) in the case of an order or notice purporting to have been made or served by a county planning authority, that they had no power to make or serve it because it did not relate to a county matter.
52. The foregoing provisions of this Schedule, except paragraphs 10 to 14, 21, 22, 28, 33, 39, 40, 43, 46, 50 and 51, shall not apply to Greater London.
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53. In this Part of this Schedule a reference made to any enactment without specifying the Act in which it is contained shall be construed as a reference to a provision of the Town and Country Planning Act 1971 (c. 78).
PART II
OTHER ENACTMENTS
The Building Restrictions (War-time Contraventions) Act 1946
54 (1) Elsewhere than in Greater London or a National Park the functions conferred by section 2 of the Building Restrictions (War-time Contraventions) Act 1946 (c. 35) (power to sanction war-time non-compliance with building laws or planning control) on the authority responsible for enforcing planning control shall, subject to subparagraph (3) below -
(a) in the case of works on, or a use of, land which in the opinion of the district planning authority relates to a county matter as defined by paragraph 32 of this Schedule, be exercised by the county planning authority;
(b) in any other case, be exercised by the district planning authority.
(2) In a National Park the said functions shall be exercised by the county planning authority.
(3) Every application made under section 2(1) of the said Act of 1946 to an authority responsible for enforcing planning control shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.
(4) A county planning authority determining any such application shall afford the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application should be determined and shall take any such recommendations into account.
(5) A county or district planning authority who have dealt with any such application shall notify the district or county planning authority, as the case may be, of the terms of their determination or, in a case where the application has been referred to the Secretary of State, the date when it was so referred.
(6) The validity of any determination made by a local planning authority under section 2 of the said Act of 1946 shall not be called in question in any legal proceedings, or in any proceedings under that section which are not legal proceedings, on the ground that the determination should have been made by some other local planning authority.
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55 (1) Elsewhere than in Greater London or a National Park the functions of a local planning authority of determining applications and issuing certificates under section 17 of the Land Compensation Act 1961 (c. 33) shall -
(a) in the case of an application specifying only a class of development which appears, or classes of development which appear, to the district planning authority to relate to a county matter, be exercised by the county planning authority;
(b) in any other case, be exercised by the district planning authority.
(2) In a National Park the said functions shall be exercised by the county planning authority.
(3) Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.
(4) A county planning authority determining any such application shall consult with the district planning authority on the question whether planning permission for development of any class which appears to the former not to relate to a county matter might reasonably have been expected to be granted.
(5) A district planning authority determining any such application shall consult with the county planning authority on the question whether planning permission for development of any class which appears to the former to relate to a county matter might reasonably have been expected to be granted.
(6) A county planning authority by whom a certificate is issued under section 17 of the Land Compensation Act 1961 (c. 33) shall notify the district planning authority of the terms of the certificate and the district planning authority by whom a certificate is so issued shall, if it specifies development relating to a county matter, notify the county planning authority of the terms of the certificate.
(7) In this paragraph "county matter" has the meaning ascribed to it by paragraph 32 of this Schedule.
The New Towns Act 1965
56 (1) At the end of section, 6 of the New Towns Act 1965 (c. 59) there shall be inserted the following subsection -
"(6) References in this section to the local planning authority shall be construed as references to the district planning authority and also, in relation to proposals for any development which is a county matter, as defined in paragraph 32 of Schedule 16 to the Local Government Act 1972, as references to the county planning authority."
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(2) In section 23(2)(i) of that Act for the words "local planning authority" there shall be substituted the words "district planning authority".
(3) In section 53(5)(b) of that Act, for the words "local planning authority" there shall be substituted the words "county planning authority".
The Town and Country Planning (Amendment) Act 1972
57. Elsewhere than in Greater London or a National Park the functions of a local planning authority under section 8 of the Town and Country Planning (Amendment) Act 1972 (c. 42) (control of demolition of unlisted buildings in conservation areas) shall be exercisable both by the county planning authority and by the district planning authority and in a National Park those functions shall be exercised by the county planning authority.
PART III
ARRANGEMENTS FOR OBTAINING ADVICE
58. The Secretary of State may from time to time direct a district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions -
(a) under section 55. 56, 58, 96 or 99 of, or Schedule 11 to, the Town and Country Planning Act 1971 (c. 78);
(b) under section 277 of that Act; or
(c) under section 8 of the Town and Country Planning (Amendment) Act 1972 (c. 42).
59. If the Secretary of State is not satisfied about any arrangements mentioned in paragraph 58 above, he may after consultation with the district planning authority and the other authority concerned-
(a) direct the district planning authority and another local planning authority specified in the direction to enter into an agreement under section 113 above for the placing at the disposal of the former, for the purpose of giving them any such specialist advice as is mentioned in that paragraph, of the services of officers employed by the latter who are qualified to give such advice; or
(b) direct the district planning authority and another local planning authority so specified to enter into arrangements for the discharge by the latter of any of the functions mentioned in that paragraph and also direct that the arrangements shall contain terms so specified or terms on lines laid down by him.
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SCHEDULE 17
FUNCTIONS WITH RESPECT TO NATIONAL PARKS AND THE COUNTRYSIDE
PART I
DISCHARGE OF PLANNING AND COUNTRYSIDE FUNCTIONS IN NATIONAL PARKS
Planning Boards and National Park Committees
1. If immediately before the 1st April 1974 there is an existing joint planning board constituted by an order under section 1 of the Town and Country Planning Act 1971 (c. 78) for a National Park comprised in two or more existing counties and as from that date the Park will be comprised in two or more new counties, the Secretary of State shall make an order reconstituting the existing board for discharging the functions to which this Part of this Schedule applies and Schedule 1 to that Act shall apply to a joint board so reconstituted and the order reconstituting it as it applies to a joint board constituted under that section and the order constituting it and shall so apply as if the area of the Park were a united district.
2. An order under the said section 1 constituting a new joint board for a united district consisting of the whole or part of a National Park and comprised in two or more new counties may confer on the board, in addition to the functions of a county planning authority under the Town and Country Planning Act 1971, any other functions to which this Part of this Schedule applies.
3. If immediately before 1st April 1974 there is an existing joint planning board for a National Park comprised in two or more existing counties and on that date the Park will be wholly comprised in one new county, the Secretary of State shall by order reconstitute that board as a special planning board to discharge the functions to which this Part of this Schedule applies as respects the area of the Park, and any enactment relating to joint boards constituted by an order under section 1 of the Town and Country Planning Act 1971 shall apply to a special planning board reconstituted under this Part of this Schedule and to the order reconstituting it as it applies to a joint planning board constituted under that section and to the order constituting it and shall so apply as if the area of the Park were a united district, but with the substitution of references to the council of a new county for any references to the constituent authorities.
4. The Secretary of State may by an order under paragraph 1 or 3 above, or by an order under the said section 1 relating to a united district consisting of the whole or part of, a National Park, or by an order under this paragraph, confer on a joint or special planning board for a National Park or any part of a National Park any of the additional countryside functions as respects the Park or, as the case may be, any part of it.
5. For every National Park for Which there is no joint planning board or special planning board the council or councils of the county or counties in which the Park is comprised shall make arrangements
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for the discharge of the following functions of theirs as respects the Park by a separate committee to be known as a National Park Committee, that is to say -
(a) their functions to which this Part of this Schedule applies except those mentioned in paragraph 6 below; and
(b) their functions as local authority under the 1949 Act and the 1968 Act.
6. The functions of a council or councils excepted from the requirement imposed by paragraph 5 above are -
(a) their functions under Part II of the Town and Country Planning Act 1971 (c. 78);
( b) their functions under Part III and, so far as relating to planning control under Part III, Part V of that Act with respect to the carrying out of any such operations or any such use of land as are described in paragraphs (i) to (iii) of paragraph 32(d) of Schedule 16 to this Act; and
(c) their functions under Part III and, so far as relating to planning control under Part III, Part V of that Act with respect to the carrying out of any operations in, on, over or under land, or any use of land, partly situated in the National Park and partly in some other area, where those functions so far as relating to any such operations or use are exercisable by the local planning authority for that other area.
7. The validity of anything done or purporting to have been done by a National Park Committee in pursuance of arrangements made by virtue of paragraph 5 above shall not be called in question in any legal proceedings, or in any proceedings under the Town and Country Planning Act 1971 which are not legal proceedings, on the ground that it ought to have been done by the authority or one of the authorities by whom the arrangements were made.
8. The National Park Committee for a Park comprised in two or more new counties shall be appointed by the council of such of those counties as may be agreed between the councils of those counties or, in default of agreement, jointly by both or all those councils, and, where it is appointed by one of those councils, the expenses incurred by the Committee shall be defrayed by both or all those councils in such proportions as they may agree or as in default of agreement may be determined by the Secretary of State.
9. A National Park Committee may arrange with a district planning authority whose area comprises any part of the Park for the authority to discharge as respects a part of the Park within their area such of the functions exercisable by the Committee by virtue of paragraph 5 above as may be agreed between the Committee and the Countryside Commission or as in default of agreement may be determined by the Secretary of State.
10. Where a joint planning board; special planning board or National Park Committee is required to be established by being reconstituted or appointed under this Part of this Schedule for any area being or comprised in a National Park, the requirement shall
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be deemed to be complied with in any case approved by the Secretary of State after consultation with the Countryside Commission if the board or Committee is established for that area together with other land.
11. Not less than one third of the members of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park shall be persons appointed by the Secretary of State after consultation with the Countryside Commission:
Provided that if in any particular case the Secretary of State, with the agreement of the Commission, so determines, this paragraph shall have effect as if for the words "one third" there were substituted the words "one quarter".
12. The persons appointed in pursuance of paragraph 11 above shall bold office for such period not being less than one year nor more than three years as the Secretary of State may, after consultation with the Countryside Commission, determine and shall be eligible for reappointment.
13. Section 101 above shall, in its application to the discharge as respects a National Park of any functions to which this Part of this Schedule applies and any additional countryside functions, have effect subject to the following modifications:-
(a) a local planning authority shall not make arrangements for the discharge of any such functions as respects a National Park or land in a National Park by some other local authority without consulting the Countryside Commission;
(b) section 101 shall not authorise a county council to make arrangements for the discharge of any functions which by virtue of paragraph 5 above are required to be discharged by a National Park Committee except in accordance with that paragraph;
(c) section 101(4) shall not apply in relation to arrangements made by the county council by virtue of paragraph 5 for the discharge of any functions by a National Park Committee.
14. In the case of a National Park Committee for a National Park wholly comprised in one county the members of the Committee shall (subject to paragraph 11 above) be appointed by, and the majority of those members shall be members of, the council of the county, and in the case of a National Park Committee for a National Park comprised in two, or more counties the members of the Committee shall (subject as aforesaid) be appointed by such of the councils of those counties as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State and a majority of the members of the Committee shall be members of those councils, and -
(a) so much of section 102(3) above as regulates the proportion of members of a committee shall not apply to a National Park Committee; and
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(b) section 102(5) shall apply to a member of a National Park Committee appointed under this paragraph as being a member of a county council as it applies in relation to a member of a committee appointed under that section who was at the time of his appointment a member of the appointing authority or one of the appointing authorities.
National Park Officer
15. Every joint planning board, special planning board or National Park Committee established for a National Park shall after consultation with the Countryside Commission appoint an officer, to be known as a National Park Officer, for the purposes of the functions exercisable by them as respects the Park by virtue of section 1 of the Town and Country Planning Act 1971 (c. 78) or this Part of this Schedule.
16. A National Park Officer appointed by a National Park Committee shall be an officer of the county council by whom the Committee was established or, if it was established by two or more such councils, such one of them as they may agree or as, in default of agreement, may be determined by the Secretary of State.
17. A National Park Officer appointed by a joint board or special planning board or a National Park Committee shall not be employed for any purpose other than one mentioned in paragraph 15 above, except after consultation between the authority by whom he is employed and the Countryside Commission and, in the case of a National Park Officer appointed by a National Park Committee, except with the Committee's consent.
National Parks Plans
18. Every joint planning board, special planning board or National Park Committee established for a National Park shall -
(a) within three years of 1st April 1974 or of being established, whichever is the later, prepare and publish a plan to be known as a National Park Plan formulating their policy for the management of the Park and for the exercise of the functions exercisable by them as respects the Park; and
(b) review at intervals of not more than five years a National Park Plan published under this paragraph, making any amendments to it which they consider expedient, and publish a report on their review and any such amendments.
19. Every such board or committee established for a National Park shall in preparing or reviewing a National Park Plan send a copy of the proposed plan or review to the Countryside Commission and to any district planning authority whose area is wholly or partly comprised in the Park and take into consideration any observations of the Commission or any such authority thereon and shall send the Secretary of State a copy of a National Park Plan published under paragraph 19 above and of the report on any review or amendments so published.
Interpretation
20. The functions to which this Part of this Schedule applies are all functions of a county council or district council as local planning authority under the 1949 Act, the 1969 Act and the Town
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and Country Planning Act 1971 (c. 78) and any enactment amending any of those Acts.
21. In this Part of this Schedule "additional countryside functions" means functions other than those mentioned in paragraph 20 above, which, in the opinion of the council or councils concerned, or where the functions are ones which may be conferred by an order or determination of a Minister, of that Minister, relate to the countryside and are appropriate for reference to a board or committee concerned with matters relating to the countryside.
PART II
SURVEY OF PUBLIC PATHS, ETC
22. The county council shall be the surveying authority for the purposes of tho following provisions (being provisions relating to the ascertainment of footpaths, bridleways and certain other highways), that is to say, sections 27 to 38 of the 1949 Act and Parts II to IV of Schedule 3 to the 1968 Act for any area in England and Wales, elsewhere than Greater London and the Isles of Scilly, and shall have the functions of a county borough council under section 35 of the 1949 Act in any such area and accordingly for references in that section, in its application to any such area, to a county borough and its council there shall be substituted references to a county and its council.
23. A new county council shall, except as provided by this Part of this Schedule, continue to carry out as respects their area or any part of it any survey, review, further review or special review under the provisions mentioned in paragraph 22 above which has been begun as respects that area or part, or any other area including that area or part, by an existing county council or county borough council and those provisions shall apply to the survey, review, further review or special review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.
24. Where on any such survey of any area under section 27 of the 1949 Act a draft map and statement bas, but a provisional map and statement has not, been published before 1st April 1974, the county council may if they think fit take no further steps in relation to the draft map and statement and instead prepare a new draft map and statement for that area under that section and that section and sections 28 and 29 of that Act (survey information, and representations and objections) shall apply to the new review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.
25. Where on any such review of any area under any of the provisions mentioned in paragraph 22 above no revised draft map and statement has been published before 1st April 1974, the review shall be abandoned and the county council shall begin a new review of that area or so much of it as lies within the county after that date under those provisions, and those provisions shall apply to the review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.
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26. Where a revised map and statement has been published in draft before that date under any of those provisions, but a revised map or statement has not been published in provisional or, as the case may be, definitive form, before 1st April 1974, the county council may if they think fit take no further steps in relation to the draft revised map and statement and instead prepare and publish a new revised map and statement in that form for that area under those provisions, and those provisions shall apply to the new review, subject ,to such exceptions and modifications as the Secretary of State may in any particular case direct.
27. Any area to which sections 27 to 34 of the 1949 Act (the survey provisions) do not apply immediately before 1st April 1974 by virtue of the fact that it is or forms part of an existing county borough shall on and after that date continue to be excluded from the operation of those sections except so far as they are adopted under section 35(2) of that Act as respects the whole or part of that area.
28. In section 35(4) of that Act, after "thereto" there shall be inserted the words "and may by a subsequent resolution revoke or amend a previous resolution under this subsection".
29. Where in consequence of any survey, review, further review or special review begun under any of the provisions mentioned in paragraph 22 above two or more definitive maps and statements are prepared whether before or after 1st April 1974 for different parts of a new county, the county council shall not take any further steps under those provisions in relation to those maps and statements until all such maps and statements have been prepared for the whole of their area (less any part of it excluded by paragraph 27 above).
30. Where all such maps and statements have been prepared for the whole of that area, the county council shall at one and the same time review the particulars contained in each of those maps and statements; and accordingly section 33 of the 1949 Act and Parts n to IV of Schedule 3 to the 1969 Act (periodical revision of maps and statements) shall apply as if the relevant date for the purposes of each of those maps and statements were the earliest of the relevant dates specified therein or such later date as, on the application of the county council, the Secretary of State may in any particular case direct.
31. Where the Secretary of State gives a direction under this Part of this Schedule, he shall take such steps as he thinks appropriate for bringing it to the notice of persons who may be affected by it.
32. Section 28(3) of the 1949 Act shall not apply to Wales and in that subsection the word "rural" shall be omitted and for the words "representative body of the parish or a member of that body" there shall be substituted the words "chairman of the parish meeting or any person representing the parish on the district council".
33. In this Part of this Schedule any reference to a definitive map and statement includes a reference to a revised map and statement prepared in definitive form.
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PART III
MISCELLANEOUS MODIFICATIONS OF 1949 AND 1968 ACTS
Establishment of nature reserves by local authorities
34. The powers conferred on a county council by sections 21 and 99(6) of the 1949 Act (nature reserves) shall also be exercisable as respects any district by the district council and references in those sections and section 22 of that Act to a local authority shall be construed accordingly.
Access to open country
35. Any area to which section 61(1) and (2) of the 1949 Act (survey of access requirements) do not apply immediately before 1st April 1974 by virtue of section 61(3) of that Act shall on and after that date continue to be excluded from the operation of the said subsections (1) and (2) until they are adopted or applied to the area under the said subsection (3), and references in the said subsection (3) to a county borough and its council shall be respectively construed as references to any such area and the county council.
36. Any county planning authority may require any other local planning authority having functions under Part V of the 1949 Act within the area of the county planning authority to give the county planning authority such information as may facilitate the discharge of the latter's functions under section 62(2) or 63(1) of that Act (securing access) or section 78(1) of that Act (maps of land subject to public access).
37. The functions of a local planning authority under section 67, 68, 81 or 82 of the 1949 Act or section 20 of the 1968 Act (supplementary provisions as to access to land) in relation to land which is the subject of an access agreement or order under Part V of the 1949 Act, and the functions of such an authority under section 70 of the 1949 Act in relation to such land and any land held therewith, shall be functions of the authority by whom the agreement or order was made or, where such an order was made by a Minister of the Crown, of the county planning authority, and in those sections, in their application to such land, references to a local planning authority shall be construed accordingly.
Miscellaneous
38. Section 89(2A) of the 1949 Act (treatment of derelict land) shall cease to have effect.
39. Section 90(2) of the 1949 Act (byelaws) shall cease to have effect and in section 90(4) of that Act for the reference to a local authority there shall be substituted a reference to the local planning authority.
40. In section 111 of the 1949 Act (Isles of Scilly) references to that Act shall include references to section 184 above and this Schedule.
41. In paragraph 1(3Xa) and 2(5) of Schedule 1 to the 1949 Act (procedure on orders designating National Parks) for references to the local planning authority there shall be substituted references to the county planning authority.
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SCHEDULE 18
Section 185
AMENDMENTS OF TOWN DEVELOPMENT ACT 1952 (c. 54)
1. In section 2, subsections (1)(b) and (4) shall be omitted.
2. In section 4, in subsection (1) for the words "county borough of county district" there shall be substituted the words "county or district or the Greater London Council".
3. In section 7, for paragraphs (a) to (c) there shall be substituted the following paragraphs:-
"(a) the council of a district which is not a receiving district;
(b) the Greater London Council;
(c) the council of a county, or";
and in paragraph (d) after the words "1945" there shall be inserted the words "under section 181 of the Local Government Act 1972".
4. In section 8(1), the words in paragraph (b) "of a county borough or county district" shall be omitted and in paragraph (c) for the words "county borough", in each place where they occur, there shall be substituted the word "district".
5. In section 10(3), for the words "county borough or county district" there shall be substituted the words "county or district or the Greater London Council".
6. In section 11, for the words from "of the county" to "it is carried out" there shall be substituted the words "of a county" and for the words "by the council of a county borough" there shall be substituted the words "other district council".
SCHEDULE 19
Section 186
AMENDMENTS OF ENACTMENTS RELATING TO ROAD TRAFFIC AND ABANDONED VEHICLES
PART I
THE ROAD TRAFFIC ACT 1972 (c. 20)
1. In section 31(7), for the words "county borough or county district" there shall be substituted the word "county".
2. In section 33(4), for the words "of a borough or of an urban district" there shall be substituted the words "or of a London borough".
3. In section 35(5), in paragraph (a) for the words from "county borough" in the first place where they occur to the end of the paragraph there shall be substituted the words "London borough", and the words "and in this subsection 'county borough' includes a London borough" shall be omitted.
4. In section 38, subsection (3) shall be omitted and in subsection (5)(a) for the words "a borough or an urban district" there shall be substituted the words "or London borough".
5. In section 43(3) for the words "of a borough, of an urban district" there shall be substituted the words "of a district or London borough".
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6. In section 196(1) in the definition of "highway authority", the words "the council of a county borough, the council of a non-county borough or an urban district" shall be omitted.
PART II
THE ROAD TRAFFIC REGULATION ACT 1967 (c. 76)
7. In section 1(2)(a), the words from "the council of a county borough" to "any other area" shall be omitted.
8 (1) In section 5, in subsection (1), for the words "borough or urban district" there shall be substituted the word "county".
(2) Subsection (4) of that section shall be omitted.
9. In section 15(8)(a) the words from "a county borough" to "as regards", in the second place where those words occur, and the word "other" shall be omitted.
10 (1) In section 20, as set out in Schedule 1 to the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 (S.I. 1967/1900), after subsection (4) there shall be inserted the following sub-section:-
"(4A) Any vehicle removed by the council of a district in England under regulations under this section shall be delivered by them to the council of the county comprising the district in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the district council and the county council under this Part of this Act) as may be agreed between the district council and the county Council or, in default of agreement, as may be determined by the Secretary of State."
(2) In subsection (8) of that section in the definition of "local authority" for the words from "and Wales" to "county district" there shall be substituted the words "means the Greater London Council or the council of a county, in relation to Wales means the council of a county or district".
11 (1) In section 21, in subsection (1) for the words "their district", there shall be substituted the words "the whole or part of their area".
(2) Subsection (2) of that section shall be omitted.
(3) In subsection (3) of that section for the word "areas" there shall be substituted the word "localities " and for the word "area" there shall be substituted the word "locality".
(4) In subsection (6) of that section, in paragraph (a) for the words from "other than" to the end of the paragraph there shall be substituted the words "the council of a county or the Greater London Council"; paragraph (c) shall be omitted; for the word "district" there shall be substituted the word "area", and the words from "in relation to the council of a county in England" to "the county, and" shall be omitted.
12 (1) In section 24, in subsection (2)(a), the words "or county borough" shall be omitted.
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(2) In subsection (5) of that section the words "or county borough" and "or borough" shall be omitted.
13. In section 26(1), the words "borough or urban district" shall be omitted.
14 (1) In section 28, in subsection (6) in paragraph (a) for the words "the council of a county borough" there shall be substituted the words "subject to subsections (6A) and (7) and section 28A below, the council of a county" and the words "subject to subsection (7) below" shall be omitted.
(2) After subsection (6) of that section there shall be inserted the following subsection:-
"(6A) Subject to section 28A(1) below, before exercising their powers under subsection (1) above or section 31(1) below, a county council shall consult the council of the district in which the parking place is to be, or is, situated".
15. After section 28 there shall be inserted the following section:-
"28A Exercise of powers by county and district councils
(1) In relation to roads in England -
(a) the power to make an order under subsection (1) of section 28 above authorising the use as a parking place of any part of a road shall not be exercisable by district councils, and
(b) subsection (6A) of that section shall not apply in relation to the exercise of that power by a county council.
(2) Subject to subsection (1) above, a district council shall not exercise their powers under section 28, section 29 other than subsections (3) and (7) to (9) thereof, section 29A or section 31(1) of this Act without the consent of the county council, and any consent given by the county council may be subject to such conditions or restrictions as they think fit.
(3) Where a district council propose to make an order under section 31 or (in the case of a district council in Wales) section 28 of this Act, the district council shall submit a draft of the order to -the county council who may, without prejudice to their power to give or withhold consent to the making of the order, require such modifications of the terms of the proposed order as they think appropriate.
(4) A district council who are aggrieved by the refusal of a county council to give consent under subsection (2) above, by any conditions or restrictions subject to which any such consent is given, or by any modifications required under subsection (3) above may appeal to the Secretary of State; and on any such appeal the Secretary of State may give such directions as be thinks fit either dispensing with the need for consent or varying or revoking any such conditions, restrictions or modifications.
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(5) Subject to subsection (6) below, the power to vary or revoke an order made by a district council under section 28(1) above or section 31(1) below shall be exercisable by the county council as well as by the district council; but if the county council propose to make an order in the exercise of that power they shall send a copy of the proposed order to the district council who made the order which it is proposed to vary or revoke.
(6) If, not later than six weeks after they have received from the county council a copy of a proposed order under subsection (5) above, a district council serve notice on the county council and the Secretary of State of their objection to the making of the proposed order and the objection is not withdrawn by a further notice served not later than six weeks after the service of the notice of objection, the county council shall submit a copy of the proposed order to the Secretary of State and may not make the order except with the consent of the Secretary of State.
(7) The Secretary of State may, if he consents to any order submitted to him for his consent under subsection (6) above, consent to the order either in the form in which it was submitted to him or with such modifications as be thinks fit, which may include additions, exceptions or other modifications of any description; but where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the county council and district council in question and any other persons likely to be concerned".
16. In section 31, after subsection (1) there shall be inserted the following subsection:-
"(1A) The powers of a county council under this section shall apply in relation to any parking place -
(a) provided by the council of a district in the county under section 28 of this Act, or
(b) provided under any letting or arrangements made by the council of such a district under section 29(6) thereof,
as they apply in relation to parking places provided by, or under any letting or arrangements made by, the county council; but if, by virtue of this subsection, a county council propose to make an order under subsection (1) above in relation to a parking place they shall send a copy of the proposed order to the district council concerned and subsections (6) and (7) of section 28A of this Act shall apply with the substitution of a reference to this subsection for the reference to subsection (5) of that section."
17. For subsection (4) of section 35 there shall be substituted the following subsection:-
[page 342]
"(4) In this section and sections 36 to 44 of this Act "local authority" means -
(a) in England, the council of a county or London borough or the Common Council of the City of London; and
(b) in Wales, subject to section 35A of this Act, the council of a county or of a district;
and "the local authority" in relation to a parking place or proposed parking place on any site means that one of those council, or, in Wales, each of the two councils in whose area the site is."
18. After section 35 there shall be inserted the following section -
"35A Powers of local authorities in Wales
(1) Before exercising their powers under section 35, section 36, section 37 or section 39(1) of this Act, the council of a county in Wales shall consult the council of the district in which the designated parking place is to be, or is, situated.
(2) The council of a district in Wales shall not exercise their powers under any of the provisions specified in subsection (1) above without the consent of the county council, and any consent given by the county council may be subject to such conditions or restrictions as they think fit.
(3) Where a district council in Wales propose to make an order under any of the provisions specified in subsection (1) above, the district council shall submit a draft of the order to the county council who may, without prejudice to their power to give or withhold consent to the making of the order, require such modifications of the terms of the proposed order as they think appropriate.
(4) A district council who are aggrieved by the refusal of the county council to give consent under subsection (2) above, by any conditions or restrictions subject to which any such consent is given, or by any modifications required under subsection (3) above may appeal to the Secretary of State; and on any such appeal the Secretary of State may give such directions as be thinks fit either dispensing with the need for consent or varying or revoking any such conditions, restrictions or modifications.
(5) Subject to subsection (6) below, the power to vary or revoke an order made by a district council in Wales under any of the provisions specified in subsection (1) above shall be exercisable by the county council as well as by the district council; but if the county council propose to make an order in the exercise of that power they shall send a copy of the proposed order to the district council who made the order which it is proposed to vary or revoke.
(6) If, not later than six weeks after they have received from the county council a copy of a proposed order under subsection (5) above, a district council in Wales
[page 343]
serve notice on the county council and the Secretary of State of their objection to the making of the proposed order and the objection is not withdrawn by a further notice served not later than six weeks after the service of the notice of objection, the county council shall submit a copy of the proposed order to the Secretary of State and may not make the order except with the consent of the Secretary of State.
(7) The Secretary of State may, if he consents to any order submitted to him for his consent under subsection (6) above, consent to the order either in the form in which it was submitted to him or with such modifications as he thinks fit, which may include additions, exceptions or other modifications of any description; but where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the county council and district council in question and any other persons likely to be concerned.
(8) In Wales a county council or district council by whom a parking space has been designated ,ay enter into an agreement with a district council or the county council respectively for the transfer from the one council to the other of the operation of the parking space, and any such agreement -
(a) may provide for the transfer of such apparatus or other things held by, and rights or liabilities of, the transferring council in connection with the parking space may be specified in the agreement, and
(b) shall specify the date of the transfer and its terms (which may include terms as to the making of payments by one council to the other),
and from the taking effect of any such transfer the order designating the parking space shall have effect subject to such modifications (if any) as the county council concerned (whether as transferee or transferor) may direct, being modifications appearing to them requisite in consequence of the transfer; and the provisions of this section and sections 36, 37, 42 and 44 of this Act shall thereafter apply as if the parking space had been designated by order made on the application of the authority to whom its operation is transferred.'
19. At the end of section 36 there shall be inserted the following subsection:-
(3) The power of a county council in Wales to make an order under subsection (2) above or section 37(3) below shall apply in relation to any parking space designated by an order
[page 344]
made by the council of a district in the county as it applies in relation to a parking place designated by an order made by the county council; but if, by virtue of this subsection, a county council in Wales propose to make an order under subsection (2) above or section 37(3) below they shall send a copy of the proposed order to the district council concerned and subsections (6) and (7) of section 35A of this Act shall apply with the substitution of a reference to this subsection for the reference to subsection (5) of that section".
20. In section 37, at the beginning of subsection (2) there shall be inserted the words "Subject to subsection (2A) below" and at the end of that subsection there shall be inserted the following subsection:-
"(2A) Notwithstanding anything in subsection (2) above the designation of a place as a parking place by a county council in Wales may not be revoked by a designation order made by a district council."
21. In section 43(4) for the words from "or Wales" to "county district" there shall be substituted the words "the council of a county and in Wales the council of a county or district" and after the words "in their area" there shall be added the words "other than one (in Wales) for which another council has responsibility".
22. After section 49 there shall be inserted the following section:-
"49A Provision by parish or community councils of off-street parking places for vehicles generally
(1) Subject to the following provisions of this section, the power of a parish or community council under subsection (1) of section 46 of this Act to provide and maintain within the parish or community suitable parking places for bicycles and motor cycles shall extend to the provision, otherwise than on roads, of parking places for vehicles of other descriptions or for vehicles generally and the maintenance of such parking places; and references in that section and section 47 of this Act to parking places shall be construed accordingly.
(2) The council of a parish or community shall not exercise their power under section 46(1) of this Act as extended by subsection (1) above without the consent of the council of the county in which the parish or community is situated, and any consent given by the county council may be subject to such conditions or restrictions as they think fit.
(3) A parish or community council proposing to exercise their power under section 46(1) of this Act as extended by subsection (1) above shall -
(a) for the purpose of obtaining the consent of the county council under subsection (2) above, make an application in writing to the county council giving details of the parking place which they propose to provide; and
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(b) send a copy of that application to the council of the district in which the parish or community is situated;
and the county council, in considering whether or not to give their consent or to make their consent subject to any conditions or restrictions, shall have regard to any representations made! to them by that district council.
(4) The power under subsection (5) of section 46 of this Act to make byelaws with respect to parking places shall not apply in relation to a parking place provided under subsection (1) of that section as extended by subsection (1) above; but, subject to the following provisions of this section, section 31 of this Act shall apply in relation to such a parking place as if -
(a) the parish or community council were a local authority for the purposes of those sections and section 28 of this Act, and
(b) the parking place Were provided by the parish or community council under section 28 of this Act.
(5) A parish or community council shall not, by virtue of subsection (4) above, make an order under section 31(1) of this Act without the consent of the county council, and any consent given by the county council may be subject to such conditions or restrictions as they think fit.
(6) Where, by virtue of subsection (4) above, a parish or community council propose to make an order under section 31(1) of this Act, the council shall submit a draft of the order to the county council who may, without prejudice to their power to give or withhold consent to the making of the order, require such modifications of the terms of the proposed order as they think appropriate.
(7) The powers of a county council under section 31 of this Act shall apply in relation to a parking place provided by a parish or community council under section 46(1) of this Act, as extended by subsection (1) above, as they apply in relation to a parking place provided by a county council, and the power to vary or revoke an order made by a parish or community council under section 31(1) of this Act shall be exercisable by the county council as well as by the parish or community council.
(8) If, by virtue of subsection (7) above, a county council propose to make an order under section 31(1) of this Act in relation to a parking place provided by a parish or community council they shall send a copy of the proposed order to the parish or community council".
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23. In section 52, as set out in Schedule 1 to the Removal, and Disposal of Vehicles (Alteration of Enactments) Order 1967 (S.I. 1967/1900), at the end of subsection (4) there shall be added the words "and a vehicle so removed by the council of a district in England shall be treated as in the custody of the council of the county comprising the district while it was in the custody of the district council by whom it was so removed".
24. In section 65, in subsection (2) for the words from "and Wales" to "county district" there shall be substituted the words "the council of a county" and after the words "City of London" there shall be inserted the words "as respects Wales, the council of a county or district."
25. In section 66, in England and Wales, subsection (1) shall be omitted.
26 (1) In section 69, in subsections (1) and (3) for the words "authority who made the order" there shall be substituted the words "highway authority".
(2) In subsection (3) of that section the words from "but, where" to the end of the subsection shall be omitted.
27. In section 76(2), for sub-paragraphs (ii) to (iv) of paragraph (a) there shall be substituted the following sub-paragraph -
"(ii) in the case of any other road, the council of the county in which it is situated".
28. In section 82(4), the words "or county borough, county district" and "borough included in a rural district" shall be omitted and at the end there shall be added the words "or, in relation to section 28(1) of this Act, the council of a district in Wales".
29. In section 84A, after subsection (6), there shall be inserted the following subsections:-
"(6A) Where the Secretary of State -
(a) gives a direction under subsection (1) above requiring a county council or district council to make an order under section 28(1) or section 31(1) of this Act, or
(b) makes such an order by virtue of subsection (2) above,
neither subsection (6A) of section 28 nor subsections (2) to (4) of section 28A of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.
(6B) Where the Secretary of State -
(a) gives a direction under subsection (1) above requiring a county or district council in Wales to make an order under any of the provisions specified in subsection (1) of section 35A of this Act, or
(b) by virtue of subsection (2) above, makes such an order in relation to a parking place in Wales,
nothing in subsections (1) to (4) of section 35A of this Act shall apply in relation to anything done in pursuance of the direction
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or, as the case may be, in relation to the making of the order by the Secretary of State.
(6C) Where the Secretary of State -
(a) gives a direction under subsection (1) above requiring a county council or parish or community council to make an order under section 31(1) of this Act in relation to a parking place provided by a parish or community council, or
(b) makes such an order in relation to such a parking place by virtue of subsection (2) above,
neither subsections (5) and (6) nor subsection (8) of section 49A of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State."
30 (1) In section 84C, in subsection (2) after the words "of the appropriate Minister" there shall be inserted the words "or a county council," and after the words "that Minister" there shall be insetted the words "or council" and after the words "submitted to him" there shall be inserted the words "or them".
(2) After subsection (5) of that section there shall be inserted the following subsection:-
"(5A) The Secretary of State may make regulations with respect to the procedure in connection with appeals to him by district councils under sections 28A and 35A of this Act."
31. In section 84D(1), after the words "Subject to" there shall be inserted the words "sections 28A(5), 35A(5) and 49A(7) above and to".
32. In section 104(1), in the definition of "highway authority" the words from "the council of a county borough" to "urban district" shall be omitted.
PART III
PART III OF THE CIVIC AMENITIES ACT 1967 (c. 69)
33 (1) In section 20 (removal of abandoned vehicles) after subsection (4) there shall be inserted the following subsection -
"(4A) Any vehicle removed by the council of a district in England under this section shall be delivered by them to the county council in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the district council and the county council under this. Part of this Act) as may be agreed between the district council and the county council or, in default of agreement, as may be determined by arbitration."
(2) In subsection (5) of that section, after the words "Greater London Council" there shall be inserted the words "or the council of a county in England" and for the words "the authority or the Council" there shall be substituted the words "that body".
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34. In section 21(1) (disposal of removed vehicles) for the words "county borough or county district" there shall be substituted the words "county in England or a district in Wales".
35. In section 22 (recovery of expenses connected with removed veHicles) in subsection (3), in the definition of "the appropriate authority" for the words "county borough or a county district" there shall be substituted the words "district in England, the county council, in the case of a vehicle so removed by the council of a district in Wales" and at the end of that subsection there shall be added the words "and a vehicle so removed by the council of a district in England shall be treated as in the custody of the county council while it was in the custody of the district council by whom it was so removed".
36. In section 24(1) (acquisition of land for purposes of Act) after the words "local authority" there shall be inserted the words "and in England the council of a county".
SCHEDULE 20
Section 187
MAINTENANCE OF CERTAIN HIGHWAYS BY DISTRICT COUNCILS
PART I
REGULATIONS GOVERNING EXERCISE OF POWERS
1. Before exercising their powers under subsection (2) of section 187 above in relation to any such highway as is referred to in that subsection, the council of a district shall give notice of their intention to do so to the county council who are the local highway authority, specifying the highway or highways concerned.
2. If the county council are of the opinion that any highway specified in a notice under paragraph 1 above does not fall within section 187(2) above, they may, at any time within the period of six weeks beginning with the date on which they receive the notice, serve a counter-notice on the district council disputing the right of the district council to exercise in relation to the highway concerned any of the powers specified in that section; and if the dispute is not resolved by the county council and the district council within six weeks after the receipt of the counter-notice by the district council the dispute shall be referred to the Secretary of State for his decision.
3 (1) The powers of a district council under section 187(2) above with respect to a highway specified in a notice under paragraph 1 above shall become exercisable -
(a) where no counter-notice is served in respect of the highway under paragraph 2 above, at the expiry of the period of six weeks first specified in that paragraph; and
(b) where such a counter-notice is served, when the dispute is resolved in favour of the district council by the councils concerned or, as the case may be, when the Secretary of State's decision on the dispute in favour of the district council is received by the district council;
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but if a dispute resulting from the service of a counter-notice under paragraph 2 above is resolved or decided by the Secretary of State against the district council, the district council's powers shall not be exercisable in respect of the highway concerned and no further notice under paragraph 1 above may be given by the district council in respect of that highway unless its status is changed or there is such a change in the character of the road as to give reasonable ground for believing that it has become an urban road.
(2) In the event that a highway in respect of which the powers of a district council under section 187(2) above have become exercisable in accordance with sub-paragraph (1) above or paragraph 4(2) below becomes a trunk road or classified road, the powers of the district council under that section shall thereupon cease with respect to that highway.
4 (1) Without prejudice to paragraph 3(2) above, the powers of a district council under section 187(2) above shall cease to be exercisable with respect to any highway -
(a) on such day as may be agreed between the district council and the county council who are the local highway authority for the highway; or
(b) six months after the receipt by that county council of a notice from the district council stating the intention of the district council to cease to exercise those powers;
and any such agreement or notice may relate either to such highway or highways as may be specified in the agreement or notice or to all the highways in respect of which the powers of the district council are exercisable at the time the agreement is made, or, as the case may be, the notice is served.
(2) Where the powers of a district council under section 187(2) above have ceased to be exercisable with respect to a highway by virtue of an agreement or notice under sub-paragraph (1) above, those powers shall not, except with the consent of the county council who are the highway authority for that highway, again become exercisable with respect to that highway at any time within the period of ten years beginning with the day on which the powers cease to be so exercisable; but if, at any time after the expiry of that period or, with the consent of the county council, before the expiry, the district council intend again to exercise those powers with respect to that highway, paragraphs 2 and 3(1) above shall not apply and those powers shall become exercisable at the expiry of the period of six weeks beginning with the date on which the county council who are the highway authority receive notice of the district council's intention under paragraph 1 above.
(3) If, by virtue of paragraph 3(2) or sub-paragraph (1) above, the powers of a district council under section 187(2) above cease to be exercisable with respect to any highway, the cessation shall not affect the continued existence, on and after the day on which the powers cease to be so exercisable, of any rights or liabilities of the district council in respect of the highway which are in existence immediately before that day.
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5 (1) Every district council shall prepare and keep up to date a list of the highways in respect of which their powers under section 187(2) above are for the time being exercisable, and the council shall make the list available for public inspection free of charge at all reasonable hours at the offices of the council.
(2) A copy of any list of highways prepared by a district council under sub-paragraph (1) above and of all amendments for the time being made thereto shall be furnished by the district council to the county council who are the highway authority for the highways concerned.
(3) Except in so far as the powers of a district council under section 187(2) above with respect to a highway cease to be exercisable in accordance with paragraph 3(2) or paragraph 4(1) above, an entry in the list kept under this paragraph shall be conclusive evidence that the highway specified in the entry is one in respect of which the district council's powers under that section are exercisable.
6. A statement by or on behalf of the Secretary of State that a highway is or is not a classified road shall be conclusive for the purposes of section 187(2) above and of this Schedule.
7. A district council shall indemnify a county council in respect of any claim made against the county council, as highway authority, -
(a) in respect of a failure to maintain a highway at a time when the powers of the district council under section 187(2) above were exercisable with respect to the highway, or
(b) arising out of any works of maintenance on a highway carried out by the district council in exercise of those powers.
PART II
REIMBURSEMENT BY HIGHWAY AUTHORITIES OF CERTAIN EXPENSES OF DISTRICT COUNCILS
8. The provisions of this Part of this Schedule apply where, by virtue of section 187(2) of this Act, a district council are exercising the power referred to in paragraph (a) of that section in relation to any highways within their district, and references in the following provisions of this Part of this Schedule to a district council and to their maintenance power shall be construed accordingly.
9. On or before 15th December in each year the district council shall submit to the county council for their approval a detailed estimate of the cost for the ensuing financial year of the maintenance of every highway in respect of which their maintenance power is exercisable, and on any such estimate being approved by the county council, either with or without modifications, the amount to be paid by the county council under section 187(4) of this Act shall, subject to paragraph 10 below, be the amount of that estimate, or of that estimate as amended by any supplementary estimate submitted to and approved by the county council, or such less sum as may have been actually expended by the district council on the highways in question during that financial year.
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10. The county council shall not be liable to make a payment towards the cost of the maintenance of any highway until they are satisfied, by a report of such one of their officers or such other person as they may appoint for the purpose, that the works of maintenance are being or have been properly executed.
11. The district council may at any time, and from time to time, submit to the county council for their approval a detailed supplementary estimate.
12. A county council shall not unreasonably withhold approval of an estimate submitted to them under this Part of this Schedule, and any question whether their approval has been unreasonably withheld, or whether any works of maintenance are being or have been properly executed, or as to the liability of a county council to make a payment under section 187(4) of this Act, shall be determined by the Secretary of State.
SCHEDULE 21
Section 188
AMENDMENTS OF ENACTMENTS RELATING TO HIGHWAYS
PART I
THE HIGHWAYS ACT 1959
1 (1) In section 1, in subsection (2) for the words from the beginning to "urban district", in the first place where those words occur, there shall be substituted the words "Outside Greater London the council of a county" and for the words "borough or district" there shall be substituted the word "county".
(2) In subsection (4) of that section for the words "The two last foregoing subsections" there shall be substituted the words "Subsection (2) of this section", and for the words "either of those subsections" there shall be substituted the words "that subsection".
2. In section 2, for paragraphs (a) and (b) there shall be substituted the following paragraph:-
"(a) where the road is situated outside Greater London, the council of the county, and".
3. In section 3(1), for the words from the beginning to "may" there shall be substituted the words "The local highway authority may".
4. For section 6 there shall be substituted the following section:
"6 Highway authority for approaches to and parts of certain bridges
(1) Where a bridge carries a highway for which the Secretary of State is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto shall be such one of the councils of those counties as may be agreed between them before such a day as the Secretary of State may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Secretary of State.
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(2) Where the Secretary of State has made a determination under subsection (1) above the determination -
(a) may be varied at the request of the council of either of the counties concerned; and
(b) shall be varied to give effect to any request made jointly to the Secretary of State by those councils;
and any such variation shall take effect on the 1st April falling not less than three months, and not more than fifteen months, after the date on which the determination is varied.
(3) Where a bridge carries a highway for which the Secretary of State is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches shall be the council of the county in which the bridge is situated.
(4) For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within one hundred yards of either end of the bridge."
5. In section 8(2), in paragraphs (b) and (c), the words "that it shall not be exercisable by a county council in a borough or urban district, but, save as aforesaid" shall be omitted.
6 (1) In section 10, in subsection (1), after the words "Greater London Council" there shall be inserted the word "or" and the words "or with the council of an urban district" and, in the proviso, the words "county borough" shall be omitted.
(2) In subsection (4) of that section the words "or urban district" shall be omitted.
7. In section 27, the proviso to subsection (1) shall be omitted and after that subsection there shall be inserted the following subsections:-
"(1A) For the purposes of this section "local authority" -
(a) in relation to land outside Greater London means the council of a county, the council of a district or a joint planning board, within the meaning of the Town and Country Planning Act 1971, being a board for an area which comprises any part of a National Park; and
(b) in relation to land in Greater London means the Greater London Council, the council of a London borough or the Common Council.
(1B) Before exercising any power under this section a local authority shall consult any other local authority or authorities in the area of which the land concerned is situated."
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8. In section 28, for subsection (3, there shall be substituted the following subsection:-
"(3) Subsections (1A) and (1B) of section 27 of this Act shall apply in relation to this section as they apply in relation to that."
9 (1) In section 29, subsections (1), (2), (4) and (5) shall be omitted.
(2) In subsection (3) of that section for the words "the appropriate authority, may direct the authority" there shall be substituted the words "each body which is a local authority for the purposes of that section in relation to the land concerned, may direct such one of those bodies as he may determine".
10 (1) In section 30, in subsection (1), in paragraph (b) for the words from "the appropriate authority" to the end of the paragraph there shall be substituted the words "he directs that this subsection shall apply" and for the words from "or paragraph (b)" to the end of the subsection there shall be substituted the words "of this subsection or, where paragraph (b) applies, on such local authority as the Secretary of State may direct".
(2) After subsection (4) of that section there shall be inserted the following subsection:-
"(4A) Notwithstanding anything in the previous provisions of this section, where an agreement or order is made as mentioned in paragraph (a) of subsection (1) of this section, the local authority making the agreement or order may -
(a) with the consent of the highway authority carry out (in place of the highway authority) the duties imposed by that subsection on the highway authority; and
(b) carry out any works which, apart from this subsection, it would be the duty of the highway authority to carry out under subsection (4) of this section".
(3) In subsection (5) of that section, in paragraph (b), for the words from "the appropriate authority" to the end of the paragraph there shall be substituted the words "he directs that this subsection shall apply", and in paragraph (i), for the words "or paragraph (b) of this subsection, as the case may be" there shall be substituted the words "of this subsection or, where paragraph (b) applies, the local authority who, on the coming into operation of the order, became the highway authority for the path or way in question".
(4) In subsection (6) of that section, for the words following "means" there shall be substituted the words "any council or any such joint planning board as is mentioned in section 27(1A) of this Act".
11. In section 31(3), for the words from "the authority who" onwards there shall be substituted the words "such one of the authorities referred to in that subsection as may be nominated by the Secretary of State for the purposes of this subsection".
12. In section 32, after the word "councils" there shall be inserted the words "and of joint planning boards".
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13 (1) In section 34, in subsections (4), (6) and (12) for the words "county borough" in each place where they occur there shall be substituted the words "London borough", and the words "and of the county district", in each place where they occur, shall be omitted; and in subsection (12) of that section the words "a London borough or" and "in the case of the City of London" shall be omitted.
(2) In subsection (6) of that section, for the word "councils" there shall be substituted the words "a council".
14. In section 37, for the words "borough or urban district" there shall be substituted the words "or London borough".
15. In section 38, in subsection (2)(c) for the words from "the council" to "within" there shall be substituted the words "a council within", after the words "Housing Act 1957" there shall be inserted the words "other than one in respect of which the local highway authority are satisfied that it has not been properly constructed", for the words "local authority or the Greater London Council" there shall be substituted the word "council" and for the words from "vested" to "or district" there shall be substituted the words "vested in the council which is the local highway authority for the area"; and in subsection (6) for the words "borough and urban district" there shall be substituted the words "county and London borough and the Common Council" and at the end of that subsection there shall be inserted the words "and in the case of a list made by the council of a county, the county council shall supply to the council of each district in the county an up to date list of the streets within the area of the district which are highways maintainable at the public expense and the list so supplied shall be kept deposited at the office of the district council and may be inspected by any person free of charge at all reasonable hours".
16. In section 40, for subsection (4) there shall be substituted the following subsection:-
"(4) Where -
(a) any such highway as is referred to in paragraph (b) of subsection (2) of this section is Intended to become a metropolitan road, or
(b) any such bridge or viaduct as is referred to in subsection (3) of this section crosses or will cross a metropolitan road,
the powers conferred by the said subsections (2) and (3) shall, as respects that highway, bridge or viaduct, be exercisable by the Greater London Council and not by any other local highway authority."
17. In section 43 for the words from "borough" to "may" there shall be substituted the words "or London borough or the Common Council may".
18 (1) In section 48, in subsections (3) and (4) for the words "rural district, urban district or borough" there shall be substituted the words "county or London borough".
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(2) In subsection (5) of that section, for paragraphs (a) and (b) and the words "the authority" there shall be substituted the words "a bridge maintainable at the public expense and so much of a highway so maintainable as is carried by the bridge or forms the approaches to the bridge up to 100 yards from each end of the bridge, the highway authority".
(3) In subsection (6) of that section for the words "trunk road bridge or a county bridge, the" there shall be substituted the words "bridge maintainable at the public expense, the highway".
(4) After subsection (8) of that section there shall be inserted the following subsection:-
"(8A) So far as relates to highways in respect of which a district council's powers of maintenance under section 187(2} of the Local Government Act 1972 are exercisable, references in this section and in section 49 of this Act to a highway authority include references to the district council."
(5) In subsection (9) of that section, the definitions beginning "trunk road bridge" and "trunk road" shall be omitted and for the word "borough" there shall be substituted the words "London borough".
19 (1) In section 50, in subsection (1) for the word "two" there shall be substituted the word "three".
(2) After subsection (2) of that section there shall be inserted the following subsection:-
"(2A) Where a county council, as highway authority, propose to make an application under this section for an order relating to any highway, they shall give notice of the proposal to the council of the district in which the highway is situated, and the application shall not be made if, within two months from the date of service of the notice by the county council, notice is given to the county council by the district council that the district council have refused to consent to the making of the application."
20. At the end of section 53 there shall be inserted the following subsection:-
"(3) In relation to any footpath or bridleway in respect of which, by virtue of section 187(2) of the Local Government Act 1972, a district council have the like power as a parish council under this section, the references in subsection (2) of this section to a parish shall be construed as including references to a district."
21. In section 65, for subsection (4) there shall be substituted the following subsection:-
"(4) As respects a metropolitan road, the powers of a highway authority under this section may be exercised, with the consent of the Greater London Council, by the council of the London borough in which the road is situated or, in the case of a road situated in the City of London, by the Common Council."
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22. In section 67, for subsections (4) and (5) there shall be substituted the following subsections:-
"(4) As respects any part of a highway outside Greater London, being a highway for which the Secretary of State is the highway authority, the powers of a highway authority under subsections (2) and (2A) of this section in relation to any part of the highway in a county may be exercised, with the consent of the Secretary of State, by the council of that county.
(5) As respects any part of a highway in a London borough or the City of London, being a highway for which the council of the borough or the Common Council are not the highway authority, the powers of a highway authority under subsections (2) and (2A) of this section may be exercised, with the consent of the highway authority, by the council of that London borough or by the Common Council, as the case may require."
23 (1) In section 69, in subsection (1), the words from «in a borough" to "in any case a highway" shall be omitted.
(2) For subsection (2) of that section there shall be substituted the following subsection:-
"(2) With respect to roads in Greater London, the powers of a highway authority under this section may be exercised with that authority's consent -
(a) in the case of a highway for which the Secretary of State is the highway authority, by the council of a London borough or the Common Council, as respects any parts of the highway in that council's area; and
(b) in the Case of a metropolitan road, by the council of a London borough or the Common Council, as respects any part of the highway in that borough or, as the case may be, in the City of London."
(3) In subsection (3) of that section, the words "a road in a borough or urban district, being" shall be omitted; for the words "borough or urban district" there shall be substituted the words "district or London borough", and at the end of that subsection there shall be added the words "or, in the case of a road situated in the City of London, as if the Common Council were the highway authority therefor."
24. In section 71(2), for the words "local authority" there shall be substituted the words "council or joint planning board" and the words "and in section twenty-nine of this Act" shall be omitted.
25. In section 76(1) for the words "appropriate authority" there shall be substituted the words "highway authority".
26. In section 81(2) for the words from "who are not" onwards there shall be substituted the words "except with the consent of the council of the district in which the land is situated, or, if the land is situated in a London borough or the City of London and the highway authority concerned is the Greater London Council or the
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Secretary of State, with the consent of the council of that London borough or the Common Council, as the case may require".
27. In section 85(4), paragraph (a) shall be omitted and for paragraph (b) there shall be substituted the following paragraph:-
"(a) as respects a highway being a trunk road situated outside Greater London, by the council of the county in which the highway is situated, as well as by the Secretary of State."
28 (1) In section 101, for paragraphs (a) to (c) of subsection (2) there shall be substituted the following paragraph:-
(a) in the case of a bridge situated outside Greater London, by the council of the county in which the bridge is situated."
(2) In subsection (3) of that section, after the word "exercisable" there shall be inserted the words "by the council which, by virtue of section 6 of this Act, is the highway authority for the whole of the bridge or, if there is no such highway authority".
29. In section 108(2) for the words "a highway situated in a rural parish" there shall be substituted the words "any highway"; for the words from "the council of the rural district", in the first place where they occur, to "parish meeting", in the first place where those words occur, there shall be substituted the words -
"(a) the council of the district in which the highway is situated; and
(b) if the highway is in England, the council of the parish (if any) in which the highway is situated or, if the parish does not have a separate parish council, to the chairman of the parish meeting; and
(c) if the highway is in Wales, the council (if any) of the community in which the highway is situated";
and for the words from "either" to "case may be" there shall be substituted the words "by the district council or by the parish or community council or, as the case may be, by the chairman of the parish meeting''.
30 (1) In section 110, for the words "local authority" and the word "authority", in each place where they occur, there shall be substituted the word "council".
(2) At the end of that section there shall be added the following subsection:-
"(7) In this section and in sections 111 to 113 of this Act, the expression "council" includes a joint planning board, within the meaning of the Town and Country Planning Act 1971 (c. 78), being a board for an area which comprises any part of a National Park."
31. In section 111, for the words "local authority" and the word "authority", in each place where they occur, there shall be substituted the word "council ".
32 (1) In section 112, in subsection (1), after the word "exercisable" there shall be inserted the words "by a council" and for
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paragraphs (a) to (d) of that subsection there shall be substituted the following paragraphs:-
"(a) with respect to any part of a footpath or bridleway which is within their area, without prior consultation with the other council in whose area that part of the footpath or bridleway is situated;
(b) with respect to any part of a footpath or bridleway which is outside their area, except with the consent of every council in whose area it is; and
(c) with respect to any part of a footpath or bridleway in a National Park, without prior consultation with the Countryside Commission."
(2) In subsection (2) of that section, for the words "local authority", in each place where they occur, there shall be substituted the word "council", after the word "extend" there shall be inserted the words "subject to subsection (1) of this section", and the proviso shall be omitted.
(3) Subsections (3) and (4) of that section shall be omitted.
(4) In subsection (5) of that section, in paragraph (a) for the words "the appropriate authority have not" there shall be substituted the words "no council having power to do so have", for the words "the said authority, may direct the authority" there shall be substituted the words "each of the councils having power to make such an order, may direct such one of them as he may determine" and for the words from "the relevant provisions" to "case may be" there shall be substituted the words "subsection (1) of this section".
(5) For subsection (7) of that section there shall be substituted the following subsection:-
"(7) Where under subsection (5) of this section the Secretary of State directs a council to make a public path diversion order or decides himself to make such an order, the council, or as the case may be the Secretary of State, may require the owner, lessee or occupier on whose representations the Secretary of State is acting to enter into an agreement with the council, or, where the Secretary of State himself is to make the order, with such council as he may specify, for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 111(4) of this Act."
33. In section 113(1), for the word "authority" in the first place where it occurs there shall be substituted the word "council" and for the word "authorities", in each place where it occurs, there shall be substituted the word "councils".
34 (1) In section 116, in subsection (1), for the words from the beginning to "trunk road" there shall be substituted the words "it shall be the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority".
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(2) At the beginning of subsection (2) of that section, there shall be inserted the words "With respect to any highway in their area for which they are not the highway authority"; the words "as respects any county road in the county" shall be omitted; for the words "county borough" there shall be substituted the word "district"; and the words "as respects any highway in their area" and "road or" shall be omitted.
(3) In subsection (3) of that section, for the words from "the council", in the:first place where they occur, to "their district and" there shall be substituted the words "a council which is a highway authority"; for the words "those highways" there shall be substituted the words "highways for which they are the highway authority"; for the words from "on the council" to "is situated" there shall be substituted the words "on a council which is a highway authority shall extend to a highway for which they are not the highway authority"; and for the word "district", in the last place where it occurs, there shall be substituted the word "area".
(4) In subsection (4) of that section for the words "the council of a county district" there shall be substituted the words "a local highway authority" and for the words "within their district" there shall be substituted the words "for which they are the highway authority".
(5) In subsection (6) for the words, from "or, in the case" to "is situated" there shall be substituted the words "or community or, in the case of a parish or community which does not have a separate parish or community council, the parish meeting or a community meeting, represent to a local highway authority"; for the words "the council of the county district" in paragraph (a) and the words "the council of that district" there shall be substituted the words "the local highway authority"; and in paragraph (b) for the words "within the county district" there shall be substituted the words "for which the authority are the highway authority".
35. In section 118, in subsection (1) the words "subject to the following subsection" and subsection (2) shall be omitted.
36. In section 119, in subsection (5A) for the word "if" there shall be substituted the word "by" and the words from "are not" to the end of the subsection shall be omitted.
37. At the end of section 124 there shall be added the following subsection:-
"(5) In relation to a highway which is for the time being maintained by a district council by virtue of section 187(2) of the Local Government Act 1972, the district council shall have the like powers under this section as the highway authority for the highway."
38. At the end of section 126 there shall be added the following subsection:-
"(6) In the case of a highway which is for the time being maintained by a district council by virtue of section 187(2) of the Local Government Act 1972 a representation under subsection (1) of this section may be made to the district council instead
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of to the highway authority, and in relation to a representation so made, references in this section to the highway authority shall be construed as references to the district council."
39. In section 130(4) for the words following "means" there shall be substituted the following paragraphs -
"(a) in relation to a street outside Greater London, either the highway authority for the street or the council of the district in which the street is situated; and
(b) in relation to a street within Greater London, the council of the London borough in which the street is situated or, if it is situated in the City of London, the Common Council or, alternatively, if the street is a metropolitan road, the Greater London Council."
40 (1) In section 132, in subsection (1), the words from "in a borough" to "of this Act" shall be omitted and for the words "council of the borough or district" there shall be substituted the words "local authority for the area" and after the word "situated" there shall be inserted the words "and also, if the street is a highway, the highway authority".
(2) In subsection (2) of that section, for the words "council of the borough or district" there shall be substituted the words "local authority for the area" and after the word "situated" there shall be inserted the words "or alternatively, if the street concerned is a highway, the highway authority".
(3) In subsections (3), (4), (6) and (8), for the words "local authority" in each place where they occur, there shall be substituted the words "highway authority or local authority".
41. In section 134(4), in paragraph (a) for the words "borough or urban district" there shall be substituted the words "London borough or district", paragraph (b) shall be omitted and at the end of paragraph (c) there shall be added the words "or (outside Greater London) the council of the district in which the highway is situated".
42. At the end of section 136 there shall be added the following subsection:-
"(11) In relation to a highway which is for the time being maintained by a district council by virtue of section 187(2) of the Local Government Act 1972, the references to the highway authority in paragraphs (i) and (ii) of subsection (1) of this section shall be construed as references to the district council or the highway authority."
43. In section 142(5), for the words following "means" there shall be substituted the words "in relation to any highway, either the highway authority or (where they are not the highway authority) the local authority for the area in which the highway is situated".
44 (1) In section 143, in subsection (3) for the words "appropriate authority" there shall be substituted the words "local authority who are the appropriate authority in relation to the highway concerned" and for the words "county borough or county district in which the nuisance exists" there shall be substituted the words "area of that local authority".
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(2) In subsection (5) of that section for the words following "means" there shall be substituted the words "in relation to any highway, either the highway authority or (where they are not the highway authority) the local authority for the area in which the highway is situated".
45. In section 147, for the words in subsection (1) "the local authority in whose area the street or court is situated" and for the words "local authority", in each place where they subsequently occur in subsections (1) to (3), there shall be substituted the words "appropriate authority", and at the end of that section there shall be added the following subsection:-
"(5) In this section "appropriate authority" means, in relation to any street or court, the council of the county or London borough in which it is situated or, if it is situated in the City of London, the Common Council."
46. In section 148, in subsection (1) for the words from "a street" to the end of the subsection there shall be substituted the words "any street unless it is securely fixed to the satisfaction of the council which, in relation to that street, is the appropriate authority for the purposes of section 146 of this Act".
47. In section 150 after the words "for a highway" there shall be inserted the words "or of a district council maintaining the highway by virtue of section 187(2) of the Local Government Act 1972.
48 (1) In section 153, for the words in subsection (1) "local authority in whose area the street is situated" and for the words "local authority" in subsection (2) there shall be substituted the words "appropriate authority".
(2) For subsection (6) of that section there shall be substituted the following subsection:-
"(6) In this section and in section 154 or this Act "appropriate authority" means -
(a) in relation to a street outside Greater London which is a highway, the highway authority for the street; and
(b) in relation to any other street, the local authority in whose area the street is situated."
49 (1) In section 154, in subsection (1), the words from "in any borough" to "rural district", in the second place where those words occur, shall be omitted, and for the words "local authority in whose area the street is situated" there shall be substituted the words "appropriate authority".
(2) In subsections (2), (3) and (6) of that section, for the words "local authority" there shall be substituted the words "appropriate authority".
50 (1) In section 157, in subsection (1), for the words "borough and of every urban district" there shall be substituted the words "county and of every London borough".
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(2) In subsection (2) of that section, for the words "borough or of an urban district" there shall be substituted the words "county or London borough".
(3) Subsection (3) of that section shall be omitted.
(4) In subsections (5) and (7) of that section for the words "local authority" there shall be substituted the words "county council or London borough council".
(5) In subsection (9) of that section for the word "borough" there shall be substituted the words "London borough".
51. In section 159, for paragraphs (a) and (b) of subsection (8) there shall be substituted the following paragraphs:-
"(a) in relation to a highway outside Greater London, the county council;
(b) in relation to a highway in Greater London, the local authority for the area in which the highway is situated".
52. In section 160, after the word "Where" there shall be inserted the words "a county council or, in Greater London"; the words from "and, in the case" to "comprising the district" shall be omitted; and for the word "authority" there shall be substituted the words "county council or local authority".
53. In section 161, for the words "local authority", in each place where they occur, there shall be substituted the words "county council, London borough council or the Common Council", and for the words "the authority", in each place where they occur, there shall be substituted the words "the council".
54. In section 162, for the words "local authority", in each place where they occur, there shall be substituted the words "county council. London borough council or the Common Council", and for the words "the authority" there shall be substituted the words "the council".
55 (1) In section 163, in subsection (1), for the words "borough or of an urban district" there shall be substituted the words "county or of a London borough or the Common Council".
(2) Subsection (2) of that section shall be omitted.
(3) In subsection (3) of that section, for the words from "borough" to "subsection (2) thereof" there shall be substituted the words "county or London borough or the Common Council under subsection (1) of this section".
(4) In subsection (5) of that section, for the words from "borough" onwards there shall be substituted the words "county or London borough in question or, as the case may be, in the City of London".
(5) Subsection (7) of that section shall be omitted.
56 (1) In section 164, in subsection (1), for the words from the beginning to "may" there shall be substituted the words "The council of a county or London borough or the Common Council may".
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(2) In subsection (2) of that section, for the words "A local authority" there shall be substituted the words "The council of a county or London borough or the Common Council".
(3) In subsections (5) and (6) of that section, for the words "local authority" there shall be substituted the word "council".
57 (1) In section 165, in subsection (1), for paragraph (a) there shall be substituted the following paragraph:-
"(a) in the case of a new street which is, or is to be, situated in a London borough or the City of London, by the council of the London borough or the Common Council, as the case may be; and".
(2) In subsection (3) of that section, for the words "borough, urban district or county" there shall be substituted the words "county or London borough or the Common Council".
(3) Subsection (4) of that section shall be omitted.
58. In section 166, for paragraphs (a) and (b) of subsection (6) there shall be substituted the following paragraphs:-
"(a) in relation to a highway outside Greater London, the county council,
(b) in relation to a highway in Greater London, the local authority for the area in which the highway is situated".
59 (1) In section 167, in subsection (1), for the words "local authority" there shall be substituted the words "county council, London borough council or the Common Council".
(2) In subsection (2) of that section, for the words from "local authority" to "as the case may be" there shall be substituted the words "council of a county or London borough or the Common Council, the council concerned are of opinion that a new street in their area".
(3) In subsection (3) of that section, for the words from " borough" to "comprising the district" there shall be substituted the words "county or London borough or the Common Council".
(4) In subsections (4) and (6) of that section for the words "an authority" there shall be substituted the words "a council".
(5) In subsections (6}(a) and (7) of that section, for the words "local authority", in each place where they occur, there shall be substituted the word "council".
(6) Subsection (8) of that section shall be omitted.
60. In section 168, for the words "a local authority or county council" there shall be substituted the words "the council of a county or London borough or the Common Council".
61. In section 169, for the words "a local authority" there shall be substituted the words "the council of a county or London borough or the Common Council".
62 (1) In section 170, in subsection (2), for the words "a local authority" there shall be substituted the words "the council of a county or London borough or the Common Council".
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(2) In subsection (3) of that section, for the words from the beginning to "vary" there shall be substituted the words "The council of a county or London borough or the Common Council shall have the like power under section 164 of this Act to vary" and for the words "a local authority in whose area that section is in force" there shall be substituted the word "they".
63 (1) In section 171, in subsection (1), for the words "local authority" there shall be substituted the words "council concerned".
(2) In subsection (2) of that section for the words "local authority" there shall be substituted the word "council".
64. In section 172, for the word "authority", in each place where it occurs, there shall be substituted the word "council".
65 (1) In section 173, in subsection (1), for the words from "in all rural districts" to the end of the subsection there shall be substituted the words "and in all counties in England and Wales".
(2) Subsection (2) of that section shall be omitted.
(3) In subsection (3) of that section for the words from "all boroughs" to the end of the subsection there shall be substituted the words "all outer London boroughs, in all areas in counties in which the advance payments code was in force immediately before 1st April 1974 and in any parish or community or part of a parish or community in which, after that date, it is adopted in accordance with Schedule 14 to this Act".
66 (1) In section 174, in the proviso to subsection (2), for the words from "in a rural district" to "the council of the rural district" there shall be substituted the words "the proper officer of the county council shall, when preparing the said specification, consult the council of the district in which the street works are to be carried out".
(2) In subsection (3) of that section for the word "surveyor" there shall be substituted the words "proper officer of the county council", the words "at the offices of the authority" shall be omitted and at the end of the subsection there shall be added the words "both at the offices of the street works authority and at the offices of the council of the district in which the street concerned is situated".
67. In section 179, in subsection (2) for the word "surveyor" there shall be substituted the words "proper officer of the county council", the words "at the offices of the authority" shall be omitted and at the end of the subsection there shall be added the words "both at the offices of the street works authority and the offices of the council of the district in which the street concerned is situated".
68. Section 187 shall cease to have effect.
69 (1) In section 192, in subsection (3), in paragraph (c) for the words from "rural district or" to "within a rural district" there shall be substituted the words "parish or community", for the words "the rural district council" there shall be substituted the words "the
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district council or, according to the date of the deposit, the rural district council" and for the words "rural district or contributory place" there shall be substituted the words "parish or community, or, as the case may require, in the part of the parish or community in which the building is to be erected", and in paragraph (i) for the words from "county", in the first place where it occurs, to "county district" there shall be substituted the words "county, district or London borough, the Greater London Council".
(2) In subsection (5) of that section for the words "a rural district or in any", in the first place where they occur, there shall be substituted the words "an area which before 1st April 1974 was a rural district or a" and for the words "the rural district or contributory place" there shall be substituted the words "that area".
70. In section 193, for subsection (1) there shall be substituted the following subsection:-
"(1) Where the advance payments code is in force in the whole or any part of a district, the district council, in any case to which the last foregoing section may be applicable, shall within one week from the date of the passing of any plans deposited with them relating to the erection of a building in an area in which that code is in force inform the street works authority that the plans have been passed; and in a case to which the last foregoing section applies the street works authority shall, within six weeks from the passing of any such plans, serve a notice on the person by or on whose behalf the plans were deposited requiring the payment or the securing under the last foregoing section of a sum specified in the notice."
71. In section 196(5), for the words from "a rural district" in the first place where those words occur to "the rural district council", in the second place where those words occur, there shall be substituted the words "the whole or any part of a district, the district council".
72 (1) In section 197, in subsection (1), for the word "appropriate" there shall be substituted the word "district".
(2) For subsection (3) of that section there shall be substituted the following subsection:-
(3) Where any notice served, resolution passed or other action taken by or with respect to a street works authority requires the registration of any matter in accordance with subsection (1) of this section, the street works authority shall, within one week of the service of the notice, passing of the resolution, or taking of the action, notify the district council."
73. In section 204(1), the words from "situated" to "of this Act" shall be omitted.
74 (1) In section 206, in subsections (2), (4)(b) and (5), for the word "appropriate" there shall be substituted the word "county".
(2) In subsection (9) of that section, the definition of "appropriate council" and the word "borough", in the last two places where it occurs shall be omitted.
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75. In section 211(1), in paragraph (a), the words "or section one hundred and ninety" and the final word "or", paragraph (b) and the words "as to the due execution of the works and" and "or the works were executed" shall be omitted, and for the word "thereon" there shall be substituted the words "on private street works".
76 (1) In section 213, in subsection (2), in the definition of "street works authority" for the words following "means" there shall be substituted the following paragraphs:
"(a) as respects a street outside Greater London, the council of the county in which the street is situated;
(b) as respects a street in a London borough, the council of the borough, and
(c) as respects a street in the City of London, the Common Council".
(2) In subsection (3) of that section for paragraphs (a) to (c) and the proviso there shall be substituted the words "is the code of 1892".
77. In section 214(7), paragraph (a) and in paragraph (b) the words "or county borough" shall be omitted.
78. In section 223(2), paragraph (a) and in paragraph (b) the words "or county borough" shall be omitted and in paragraph (aa) for the words "so specified" there shall be substituted the words "specified in that subsection".
79 (1) In section 225, in subsection (1), after the words "this Act" where those words first occur, there shall be inserted the words "and where a county council have so acquired land by virtue of subsection (7)(b) of that section".
(2) In the proviso to subsection (2) of that section, after the words "local highway authority" there shall be inserted the words "(or a county council)".
80. At the end of section 226 there shall be added the following subsection:-
"(4) Notwithstanding anything in subsection (1) above, any such material as is referred to in that subsection which is removed from a highway by a district council in exercise of their powers under section 187(2) of the Local Government Act 1972 shall vest in the district council and not in the highway authority."
81. In section 227(1), for the words "county road, not being a claimed county road" there shall be substituted the words "road for which the council of a county are the highway authority"; for the word "was" there shall be substituted the word "is"; for the words "the county road" there shall be substituted the words "such a road"; and for the words from "the date on which" onwards there shall be substituted the words "1st April 1974 or, if the highway in question first becomes maintainable at the public expense after that date, the date on which it first becomes so maintainable".
[page 367]
82. In section 228, at the end of subsection (9), there shall be added the words "and section 187(2) of the Local Government Act 1972".
83. In section 235(4) for the words from "borough" onwards there shall be substituted the words "district in respect of any work done by them in a highway in exercise of the powers conferred on them by section 82 of this Act".
84. For section 237 there shall be substituted the following section:
"237 Contributions by county councils to certain expenses of district councils
The council of a county may contribute towards the expenses incurred by the council of any district in the county in exercise of the powers conferred on them by section 82 of this Act".
85. For section 238 there shall be substituted the following section:
"238 Contributions by councils to expenses of highway authorities
A council may contribute towards any expenses incurred or to be incurred by a highway authority if, in the opinion of the council, the expenditure is or will be of benefit to the council's area".
86. In section 252(1) for the words from the beginning to "may" there shall be substituted the words "A local authority or, if there is a local highway authority for either of the streets in question, that highway authority may" and for the words "their area" there shall be substituted the words "the area of the local authority".
87 (1) In section 257(1) for the words from the beginning to "may" there shall be substituted the words "The council of a county or a council which is a local authority may" and for the word "authority", in each place where it subsequently occurs, there shall be substituted the word "council".
(2) In subsections (2), (3) and (4) of that section for the words "local authority", in each place where they occur, there shall be substituted the word "council".
88. In section 261, for the words "local authority", in each place where they occur, there shall be substituted the word "council".
89. In section 295, in subsection (1), in the definition beginning "code of 1875" for the words from the beginning to "by" there shall be substituted the words "'code of 1892' has the meaning assigned to it", and for the definition of "local authority" there shall be substituted the following definition:-
"'local authority' means the council of a district or London borough or the Common Council".
90. In section 296(1), after the words "county road" in each place where they occur there shall be added the words "or a road for which a county council is the highway authority".
[page 368]
91. In section 297 for the words from "county roads" to "shall" there shall be substituted the words "any highway shall" and the words "such roads or" shall be omitted.
92. In Part I of Schedule 1, as set out in Schedule 13 to the Highways Act 1971, in paragraph (i) of the Table, the words "(other than the council of a county district)" and the words from "and, in the case" to the end of the paragraph shall be omitted.
93 (1) In Schedule 9, in paragraph 1, for the words from "or by a county council" to "consult" there shall be substituted the words "he shall consult the councils of the county and district, or in Greater London".
(2) For paragraph 2 there shall be substituted the following paragraphs:-
2. Before a line is prescribed by a county council, as highway authority, they shall consult the council of the district in which the street or highway in relation to which the line is to be prescribed is situated.
2A. Before a line is prescribed by the Greater London Council, they shall consult the council of the London borough in which is situated the street or highway in relation to which the line is to be prescribed, or, if that street or highway is in the City of London, they shall consult the Common Council".
(3) In paragraph 8 of that Schedule for the words "local authority" there shall be substituted the word "council".
94. In Schedule 12, in paragraph 1(e), for the words from "in, or partly in" onwards there shall be substituted the words "to the district council and, if the highway is in, or partly in, a parish or community which has a separate parish council or community council, to the parish or community council, as the case may require or, in the case of a parish which does not have a separate parish council, to the chairman of the parish meeting".
95 (1) In Schedule 14, in Part I, for the words "code of 1892", in each place where they occur, there shall be substituted the words "advance payments code ".
(2) In paragraph 1 of that Schedule, for the words from "a borough" to "borough or district" there shall be substituted the words "a parish or community or any part of a parish or community, the council of the county in which the parish or community is situated", and after the words "adopt that code" there shall be inserted the words "for the parish or community or, as the case may be, for that part".
(3) In paragraph 2 of that Schedule, for the words "the area of the council" there shall be substituted the words "the parish or community, or part of the parish or community specified in the resolution".
(4) In paragraph 3 of that Schedule, for the words "the area of the council", in each place where they occur, there shall be substituted
[page 369]
the words "the parish or community concerned or, as the case may be, the part of the parish or community concerned".
(5) Part II of that Schedule shall cease to have effect.
PART II
OTHER ENACTMENTS
96 (1) In section 3 of the Trunk Roads Act 1936 (c. 5. (1 Edw. 8 & 1 Geo. 6)), subsection (1) shall be omitted.
(2) In subsection (2) of that section, the words from "and of the said functions" to the end of the subsection shall be omitted.
(3) In subsection (3) of that section, after the words "said Schedule" there shall be inserted the words "and that those functions shall not be exercisable by the local authority except with his consent".
97. At the end of section 57(3) of the National Parks and Access to the Countryside Act 1949 (c. 97) there shall be added the words "or by the council of the district in which the notice is placed or maintained".
98 (1) In section 1(4)(b) of the Public Utilities Street Works Act 1950 (c. 39) for the words "appropriate local authority" there shall be substituted the words "local highway authority".
(2) In section 2(4)(b) of that Act, for the words "appropriate local authority" there shall be substituted the words "local highway authority".
(3) In section 21 of that Act -
(a) in subsection (1)(a) for the words from "Minister" to "urban district",
(b) in subsection (1)(b) for the words from "Minister" to " paragraph", and
(c) in subsection (3) for the words "Minister or the council", there shall be substituted the words "highway authority",
and at the end of that section there shall be added the following subsection:-
(4) In so far as any works carried out in a street by a district council by virtue of their powers under section 187(2) of the Local Government Act 1972 constitute a road alteration, the references in subsections (1)(a) and (3) of this section to the highway authority, and in the Table in Schedule 6 to this Act to the local highway authority, shall be construed, in relation to those works, as references to the district council."
(4) In section 39(1) of that Act for the definition "highway authority" there shall be substituted the following definition:-
"'highway authority' and 'local highway authority' have the same meanings as in the Highways Act 1959".
[page 370]
(5) In Schedule 2 to that Act, in paragraphs 1 and 3 for the words "appropriate local authority" there shall be substituted the words "local highway authority".
(6) In the Table at the end of Schedule 6 to that Act, in paragraph (iii), for the word "council" there shall be substituted the words "local highway authority".
99. In section 4 of the Highways (Miscellaneous Provisions) Act 1961 (c. 63), after subsection (2) there shall be added the following subsection:-
"(3) In relation to a highway which is for the time being maintained by a district council by virtue of section 187(2) of the Local Government Act 1972, the district council shall have the like powers as the highway authority under subsection (1) of this section."
100 (1) In section 28 of the Countryside Act 1968 (c. 41), after subsection (4), there shall be inserted the following subsection:-
"(4A) In the case of a footpath or a bridleway which is for the time being maintained by a district council by virtue of section 187(2) of the Local Government Act 1972 -
(a) for any reference in subsection (2) and (3) above to the highway authority there shall be substituted a reference to the district council; and
(b) the reference in subsection (4) above to the highway authority shall be construed as including a reference to the district council."
(2) In section 29 of that Act, after subsection (7), there shall be inserted the following subsection:-
"(7A) In the case of a footpath or bridleway which is for the time being maintained by a district council by virtue, of section 187(2) of the Local Government Act 1972, the district council shall have the like powers as the highway authority under subsection (7) above."
SCHEDULE 22
Section 193
AMENDMENTS OF ENACTMENTS RELATING TO HOUSING
PART I
THE HOUSING ACT 1957 (c. 56)
1. In section 1(1) (local authorities for purposes of the Act) for the words "borough, urban district or rural district" there shall be substituted the words "district or London borough".
2. In section 5 (prohibition of back-to-back houses) for the word "borough" in each place where it occurs there shall be substituted the words "London borough".
3. Section 86 (duty of medical officers to furnish particulars of overcrowding) shall be omitted.
[page 371]
4 (1) In section 108, in subsection (1) (execution of certain works by local authority outside their area) the words "subject to the approval of the Minister" shall be omitted and for the word "borough" there shall be substituted the words "London borough".
(2) Subsection (2) of that section shall be omitted.
5 (1) In section 109 (responsibility for roads constructed by local authority outside their area) in subsection (1) for the word! from "subject to" to the end of the subsection there shall be substituted the words "vest in the council which is the local highway authority for the area in which the operations were carried out, unless that council are satisfied that the streets or roads have not been properly constructed".
(2) Subsections (2) and (3) of that section shall be omitted.
6. Section 115 (power to establish Housing Management Commissions) shall cease to have effect.
7. Sections 116 to 118 (special provisions for rural districts) shall cease to have effect.
8. Section 135(1) (expenses of rural district councils) shall cease to have effect.
9. In section 141 (subscriptions of local authorities to local savings committees) the words "subject to the approval of the Minister" shall be omitted.
10. Section 145 (building bye-laws not to apply to certain buildings constructed in accordance with plans and specifications approved by Secretary of State or Minister of Agriculture, Fisheries and Food) shall cease to have effect.
11. Section 147 (power of Secretary of State to prescribe a code of byelaws for new streets) shall cease to have effect.
12. Section 148 (power of Secretary of State to revoke unreasonable byelaws) shall cease to have effect.
13. Section 156 (references by local authority to public health and housing committee) shall cease to have effect.
14 (1) In section 157 (official representations) in subsection (2) for the words "acting for the district" there shall be substituted the words "having jurisdiction in any part of the area" and for the words from "in the case" to "parish within that area" there shall be substituted the words "any parish or community council for a parish or community within the local authority's area".
(2) In subsection (4) of that section the words from "and includes also" to the end of the subsection shall be omitted.
15. In section 160 (penalty for obstructing execution of Act) the words "the medical officer of health or" shall be omitted.
16. In section 161(b) (penalty for preventing execution of repairs) the words "the medical officer of health or" and "of that officer or" shall be omitted.
[page 372]
17. In section 166 (authentication of orders, notices etc) for the words "their clerk or his lawful deputy", in each place where they occur, there shall be substituted the words "the proper officer of the local authority".
18. Sections 171 to 176 (powers available in the event of default by local authorities) shall cease to have effect.
19. Section 181(2) (Secretary of State may require report from local authority on population and other matters) shall cease to have effect.
20. In section 189(2) (construction of references to "local authority") for the words "borough, urban district or rural district" there shall be substituted the words "district or London borough".
PART II
OTHER ENACTMENTS
21. In section 9 of the Small Dwellings Acquisition Act 1899 (c. 44) (definition of local authority), in subsection (1), for the words from "county borough", in the first place where they occur, to the end of the Subsection there shall be substituted the word "district", and subsections (2) to (4) and (8) of that section shall be omitted.
22. In section 1(2) of the Housing Act 1914 (c. 31) (assistance to authorised societies by local authorities) for the word "borough", in each place where it occurs, there shall be substituted the words "district or London borough".
23. In section 23(1) of the Airports Authority Act 1965 (c. 16) (interpretation) in the definition of "local authority", the words "county, county borough" shall be omitted.
24. In each of sections 26, 39 and 74(7) of the Housing Act 1969 (c. 33) (definitions of "local authority" for various purposes) for the words "boroughs, urban districts and rural districts" there shall be substituted the words "districts and London boroughs".
SCHEDULE 23
Section 195
AMENDMENTS OF ENACTMENTS CONFERRING SOCIAL SERVICES FUNCTIONS
1 (1) In section 22 of the National Health Service Act 1946 (c. 81), in subsection (1), for the words from the beginning to "to" there shall be substituted the words "A local social services authority may, with the approval of the Secretary of State, and to such extent as he may direct shall" and in subsection (2) of that section for the words "local health authority" there shall be substituted the words "local social services authority".
(2) In sections 57, 58(2), 63, 65 and 71 of that Act, for the words "local health authority", in each place where they occur, there shall be substituted the words "local social services authority".
[page 373]
(3) In section 79(1) of that Act, after the definition "local authority" there shall be inserted the following definition:-
"'local social services authority' means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970."
2 (1) In section 21 of the National Assistance Act 1948, in subsection (1), for the words from the beginning to "to provide" there shall be substituted the words "Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing"; in subsection (2) of that section for the words "the exercise of their said duty" there shall be substituted the words "making any such arrangements"; subsection (3) of that section shall be omitted; and in subsection (4) of that section, for the words "said functions" there shall be substituted the words "functions under this section" and for the words "specified in the scheme" there shall be substituted the words "determined in accordance with the arrangements".
(2) In section 24 of that Act, in subsections (1) and (2) for the word "liable" there shall be substituted the word "empowered"; in subsection (3) for the word "duty" there shall be substituted the word "power"; and in subsection (4) of that section for the word "scheme" there shall be substituted the word "arrangements".
(3) In section 26 of that Act, in subsection (1) for the words "a scheme under section twenty-one thereof may provide that" there shall be substituted the words "arrangements under section 21 thereof may include provision whereby" and in subsection (2) of that section for the words "such arrangements as aforesaid" there shall be substituted the words "arrangements made by virtue of subsection (1) of this section".
(4) In section 29 of that Act, in subsection (1), for the words "shall have power to" there shall be substituted the words "may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall"; and subsections (2) and (3) of that section shall be omitted.
(5) In section 30(1) of that Act, for the words "if the scheme under the last foregoing section so provides" there shall be substituted the words "in accordance with arrangements made under section 29 of this Act".
(6) In section 33(1) of that Act, for the words "the council of a county or county borough" there shall be substituted the words "a council which is a local authority for the purposes of the Local Authority Social Services Act 1970".
(7) In section 35(2) of that Act, the words from the beginning to "this Act", in the first place where those words occur, shall be omitted.
(8) In section 37(2) of that Act, for the words from "of the county" to "situated" there shall be substituted the words "which for the purposes of the Local Authority Social Services Act 1970 is the local authority for the area in which the home is situated".
[page 374]
(9) In section 41(2) of that Act, in paragraph (a), for the words from "of counties" to the end of the paragraph there shall be substituted the words "which are registration authorities for the purposes of section 37 of this Act".
(10) In section 48 of that Act, in subsection (4), for the words "the council of the county, county borough or large burgh" there shall be substituted the words "the council which is the local authority for the purposes of the Local Authority Social Services Act 1970 and".
(11) In section 49 of that Act, for the words "the council of a county or county borough" there shall be substituted the words "any such council as is referred to in section 48( 4) of this Act".
(12) In section 50(3) of that Act, for the words "The council of a county, county borough or large burgh" there shall be substituted the words "Any such council as is referred to in section 48(4) of this Act".
(13) In section 56 of that Act, for subsection (3) there shall be substituted the following subsection:-
"(3) Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the Local Authority Social Services Act 1970 and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act."
3. In section 38(1) of the Children Act 1948 (c. 43), for the words "and county boroughs" there shall be substituted the words "other than metropolitan counties, of metropolitan districts and London boroughs and the Common Council of the City of London".
4 (1) In sections I to 7 and 11 of the Nurseries and Child-Minders Regulation Act 1948 (c. 53), for the words "the local health authority", in each place where they occur, there shall be substituted the words "the local social services authority".
(2) In section 13(2) of that Act, after the definition of "hospital" there shall be inserted the following definition:-
"'local social services authority' means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970".
5. In section 25(1) of the National Health Service (Amendment) Act 1949 (c. 93) as substituted, in its application to England and Wales, by the Mental Health Act 1959 (c. 72), for the words "local health authority" there shall be substituted the words "council which is the local authority for the purposes of the Local Authority Social Services Act 1970".
6 (1) In section 3 of the Disabled Persons (Employment) Act 1958 (c. 33), in subsection (1), for the words "shall have power under this section to" there shall be substituted the words "may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the authority's area
[page 375]
shall" and the words from "and in relation to" to the end of the subsection shall be omitted; in subsection (3) of that section the words from the beginning to "made thereunder" shall be omitted; and in subsection (5) of that section for the words "or of a county borough" there shall be substituted the words "other than a metropolitan county, or of a metropolitan district or London borough or the Common Council of the City of London".
(2) In the Schedule, in paragraph 1(1)(c), for the words "thirty-two and thirty-four" there shall be substituted the words "and 32" and in paragraph 1(2) the words "thirty-four" shall be omitted.
7. In section 17 of the Children Act 1958 (c. 65), in the definition of "local authority", for the words "or county borough" there shall be substituted the words "other than a metropolitan county, or of a metropolitan district or London borough or the Common Council of the City of London".
8. In section 28(1) of the Adoption Act 1958 (c. 5 (7 & 8 Eliz. 2.)), for the words "and county boroughs" there shall be substituted the words "other than metropolitan counties, of metropolitan districts and London boroughs and the Common Council of the City of London".
9 (1) In the Mental Health Act 1959 (c. 73), in sections 8(1), 35, 56(2)(c) and 56(3) for the words "local health authorities" there shall be substituted the words "local social services authorities".
(2) In sections 10(1), 22, 27(2), 33, 34, 38(3), 40 to 43, 47(2), 52, 53, 59, 60, 131, 132 and 142 of that Act for the words "local health authority" there shall be substituted the words "local social services authority".
(3) In section 9 of that Act, in subsection (1), for the words from the beginning to "authority)" there shall be substituted the words "A local social services authority" and the words "as local health authority" shall be omitted; for subsection (2) of that section there shall be substituted the following subsection:-
"(2) Where any such child as is referred to in subsection (1) of this section is accommodated as mentioned in that subsection by a local social services authority; the authority may make such adjustments of their accounts as they consider appropriate";
and in subsection (3) of that section for the words "children authority", in the first place where they occur, and for the words "local health authority" there shall be substituted the words "local social services authority" and the words "as a children authority" shall be omitted.
(4) In section 59(1) of that Act, in paragraph (b) of the definition of "the responsible medical officer" for the words from "medical officer of health" to "by that authority" there shall be substituted the words "medical officer authorised by the local social services authority".
(5) In section 135 of that Act, in subsection (6), for the words "local authority" there shall be substituted the words "local social services authority" and after the words "Act, 1948" there shall be inserted the words "or under Part I of the Health Services and Public Health Act 1968".
[page 376]
(6) In section 147(1) of that Act, for the definition of "local health authority" there shall be substituted the following definition:-
"'local social services authority' means a council which is a local authority for the purpose of the Local Authority Social Services Act 1970".
10 (1) In section 2(1) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 (c. 48), in paragraph (e), for the words "council of the county or county borough" there shall be substituted the words "local social services authority for the area", and in paragraph (f) for the words "the council of a county or county borough" there shall be substituted the words "a local social services authority".
(2) In section 16(1) of that Act, after the definition of "interim order" there shall be inserted the following definition:-
"'local social services authority' means the council of a non-metropolitan county or a metropolitan district or London borough, or the Common Council of the City of London".
11. In section 10(1) of the Mental Health (Scotland) Act 1960 (c. 61), in paragraph (b), after the word "or", in the first place where it occurs, there shall be inserted the words "of a local social services authority", and at the end of paragraph (c) there shall be added the words "or local social services authority".
12. In section 5(1)(c) of the Health Visiting, and Social Work (Training) Act 1962 (c. 33), for the words "local health authority" there shall be substituted the word "council", after the word "Wales" there shall be inserted the words "which is a local authority for the purposes of the Local Authority Social Services Act 1970" and for the words "local health authorities" there shall be substituted the words "such authorities".
13 (1) In section 36(1) of the Matrimonial Causes Act 1965 (c. 72), for the words "county borough" there shall be substituted the words "other than a metropolitan county, or of a metropolitan district".
(2) In section 37(2) of that Act, for the words "county borough" there shall be substituted the words "other than a metropolitan county, or of a metropolitan district".
14. In Schedule 4 to the Ministry of Social Security Act 1966 (c. 20), in paragraph 2(2), for the words "county boroughs" there shall be substituted the words "other than metropolitan counties, and of metropolitan districts".
15 (1) In section 12 of the Health Services and Public Health Act 1968 (c. 46), for the words "local health authority", in each place where they occur, there shall be substituted the words "local social services authority" and after subsection (7) of that section there shall be inserted the following subsection:-
"(7A) In this section and in section 13 below "local social services authority" means the council of a non-metropolitan county, or of a metropolitan district or London borough, or the Common Council of the City of London".
[page 377]
(2) In section 13 of that Act, for the words "local health authority", in each place where they occur, there shall be substituted the words "local social services authority".
(3) In section 45(11) of that Act, for the words "county borough" there shall be substituted the words "other than a metropolitan county, or of a metropolitan district".
(4) In section 65(3)(a) of that Act, for the words "county borough" there shall be substituted the words "other than a metropolitan county, or of a metropolitan district".
16. In section 70(1) of the Children and Young Persons Act 1969 (c. 54), in the definition of "local authority", for the words "means the council of a county, county borough" there shall be substituted the words "except in relation to proceedings under section 1 of this Act instituted by a local education authority, means the council of a non-metropolitan county or of a metropolitan district".
SCHEDULE 24
Section 202
AMENDMENTS OF TRANSPORT ACT 1968 (c. 73), PART II
PART I
AMENDMENTS OF GENERAL APPLICATION
1. In section 9(1)(a) (constitution of Passenger Transport Authorities) sub-paragraph (ii) (persons appointed by the Secretary of State) shall cease to have effect.
2. In section 11 (financial duty of Passenger Transport Executives) after subsection (3) there shall be inserted the following subsection:-
"(3A) Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs."
3. In section 14(1)(b) (duty of Executive to prepare statement of accounts in such form as the Secretary of State directs) for the word "Minister" there shall be substituted the word "Authority".
4. After section 15 there shall be inserted the following section:-
"15A Additional provisions as to control of Executive by Authority
(1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.
[page 378]
(2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.
(3) The Authority may from time to time cause a review to be made of the organisation of the Executive's undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive's undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority."
5. In section 15(1) (Executive to submit certain proposals and estimates for the approval of the Authority) for paragraphs (b) and (c) there shall be substituted the following paragraphs:-
"(b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;
(c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person, in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account".
6. In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words "as the Minister may direct" there shall be substituted the words "as the Authority consider appropriate".
7. In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word "Minister" there shall be inserted the words "or an Authority for a designated area".
8. In Part I of Schedule 5 (constitution of Passenger Transport Authorities) so much of paragraph 1 as requires the approval of the Secretary of State to the appointment of the chairman of an Authority shall cease to have effect.
PART II
MODIFICATIONS OF PART II IN ITS APPLICATION TO A PASSENGER TRANSPORT AREA WHICH IS COTERMINOUS WITH A COUNTY
9. Except as provided by the following provisions of this Part of this Schedule, references in sections 9 to 16 to the councils of constituent areas or to each of those councils shall be construed as references to the council of the county concerned.
[page 379]
10 (1) In section 9, in subsection (1), paragraph (a) shall be omitted and the Passenger Transport Authority shall be the county council.
(2) In subsection (2) of that section for the words "every such local authority as aforesaid" and paragraphs (a) and (b) there shall be substituted the words "the county council and the councils of each of the districts comprised in the county".
(3) In subsection (4) of that section, the reference to Part I of Schedule 5 shall be disregarded.
(4) In subsection (5) of that section for the words "constituent areas" there shall be substituted the words "districts within the designated area".
11. In section 11, subsection (5) shall be omitted.
12. For section 13 there shall be substituted the following section:-
"13 Power of county council to make grants
(1) Without prejudice to any other power of the county council who are the Authority to make grants for transport purposes, the county council shall have power to make grants to the Executive for any purpose.
(2) Any expenditure incurred by a county council in making grants under this section, shall not be relevant expenditure of the council for the purposes of section 1 of the Local Government Act 1966 (c. 42).
(3) The county council shall from time to time by notice in writing to the Executive specify the amount of the grants which the council propose to make to the Executive in respect of expenditure incurred during any accounting period."
13. In section 14(3), after the word "Minister" there shall be inserted the word "and" and the words "and to each of the councils of constituent areas" shall be omitted.
14 (1) In section 15, in subsection (2), for the words from "to be raised" to "of this Act" there shall be substituted the words "of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act".
(2) In subsection (3) of that section, for the words "to issue a precept" there shall be substituted the words "to make a grant".
15 (1) In section 17, for the words "councils of constituent areas", in each place where they occur, there shall be substituted the words "councils of the districts in the designated area".
(2) In subsection (4) of that section, after the words "consult with" there shall be inserted the words "the county council for the designated area and".
16 (1) In section 18, in subsection (1), in paragraph (b) for the words "councils of the constituent areas" there shall be substituted the words "county council for the designated area and of the councils
[page 380]
of the districts in that area"; in paragraph (j)(ii) for the words "councils of constituent areas" there shall be substituted the words "councils referred to in paragraph (b) above", and in the words following paragraph (j), for the words "each of the councils of constituent areas" there shall be substituted the words "the council of each district in the designated area".
(2) In subsection (2) of that section for the words "each or the councils of constituent areas" there shall be substituted the words "the council of each district in the designated area".
17 (1) In Schedule 5, Part I shall be omitted.
(2) In Part II of that Schedule, in paragraph 1, for the words "establishment of that Authority" there shall be substituted the words "area has been designated", and in paragraph 2, for the words "any of the councils of constituent areas", in each place where they occur, there shall be substituted the words "the county council for the designated area."
(3) In Part III of that Schedule, in paragraph 1, for the words "dates on which the Authority and Executive respectively are", there shall be substituted the words "date on which the Executive is"; and there shall be omitted from the remainder of that Part of that Schedule -
(a) paragraphs 2, 3(a), 4, 5, 10, 12, 16 and 17;
(b) in paragraphs 6, 7 and 9 the words "the Authority and" and "respectively", in each place where they occur;
(c) in paragraph 8 the words "the Authority or" and "the Chairman of the Authority or, as the case may be";
(d) in paragraph 11, the words "the Authority or" in sub-paragraph (a) and "the Authority" in sub-paragraph (b); and
(e) in paragraph 13, the words "the Authority or ", in both places where they occur, and "the Authority" where those words last occur.
SCHEDULE 25
Section 204
AMENDMENTS OF LICENSlNG ENACTMENTS
PART I
AMENDMENTS OF LICENSING ACT 1964 (c. 26)
1. For subsection (1) of section 2 there shall be substituted the following subsection:
"(1) The licensing districts for the purposes of this Act shall be the petty sessions areas, within the meaning of the Magistrates Courts Act 1952".
2. In section 16(1), in paragraph (c), for the words from "of" onwards there shall be substituted the words "of the justices for the county which includes that licensing district appointed by the
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licensing justices for each licensing district in the county, in accordance with arrangements made, in the case of a metropolitan county, by the Secretary of State and, in the case of a non-metropolitan county, by the magistrates' courts committee for the county or for an area which includes the county."
3 (1) In section 66, for the words "county or county borough", in each place where they occur, there shall be substituted the word "district".
(2) In subsection (4)(b) of that section, for the words "clerk of the county council or town clerk of the county borough" there shall be substituted the words "proper officer of the district council", and for the word "1968" there shall be substituted the word "1975".
(3) In subsection (7) of that section, for the words "clerk of the county council or town clerk" there shall be substituted the words "proper officer of the district council".
4 (1) In section 67, for the words "county or county borough", in each place where they occur, there shall be substituted the word "district".
(2) In subsection (3) of that section for the words "chairman of the county council or mayor" there shall be substituted the words "chairman of the district council" and for the words "clerk of the county council or town clerk" there shall be substituted the words "proper officer of the district council".
5. In section 180(1)(a) for the words "county or county borough" there shall be substituted the words "district or part thereof".
6. In Schedule 2, for paragraphs (a) to (c) of paragraph 5 there shall be substituted the following paragraphs:-
"(a) if the premises to be licensed are outside Greater London, to the proper officer of the district council, and
(b) if the premises to be licensed are in a parish, to the proper officer of the parish council or, where there is no parish council, to the chairman of the parish meeting; and
(c) if the premises are in a community where there is a community council, to the proper officer of that council."
7 (1) In Schedule 3, in paragraphs 1 to 4, for the words "magistrates' courts committee for a county", in each place where they occur, there shall be substituted the words "appropriate magistrates court committee, as defined in section 16(1) of this Act".
(2) In paragraphs 5 to 8 of that Schedule, for the words "a borough compensation committee" there shall be substituted the words "the compensation committee for the City of London".
(3) In paragraphs 6 and 7 of that Schedule, for the word "borough", in the last place where it occurs in each paragraph, there shall be substituted the word "City".
(4) In paragraph 10 of that Schedule for the word "borough", in the first place where it occurs, there shall be substituted the word
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"City" and for the words "borough compensation committee" there shall be substituted the words "compensation committee for the City of London".
(5) Paragraph 11 of that Schedule shall be omitted.
8 (1) For paragraphs 1 to 3 of Schedule 8 there shall be substituted the following paragraphs:-
"1. Subject to paragraph 3 below, the rules made by the Secretary of State under section 42 of the Local Government Act 1972 for the conduct of elections of councillors for local government areas shall have effect in their application to polls under section 66 of this Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.
2. Subsections (1) and (3) of section 243 of the Local Government Act 1972 shall apply to the day fixed for the poll under section 66 of this Act as they have effect by virtue of paragraph 1 above and to the day or last day on which anything is required or permitted to be done by this Schedule as they apply to the day or the last day on which anything is required or permitted to be done by any provision to which the said subsection (1) applies, and references in subsections (4) and (5) of that section to any rules mentioned in subsection (2) of that section shall be construed as including references to any such rules as they have effect by virtue of paragraph 1 above.
3. The adaptations and alterations made by the Secretary of State under paragraph 1 above shall provide for the use, subject to any variations which in the circumstances appear to the Secretary of State to be appropriate, of the forms B to E in the Appendix to this Schedule, or of forms substantially to the like effect, in place of any corresponding forms required by the rules referred to in paragraph 1 above."
(2) Paragraph 4 of that Schedule shall be omitted.
(3) In paragraph 6 of that Schedule, for the word "county", in each place where it occurs (except in passages omitted by the following provision of this sub-paragraph) there shall be substituted the word "district"; in sub-paragraph (1) of that paragraph the words "In a county", the words "and in a county borough divided into wards the mayor", the words "or county borough", in the first two places where they occur, and the words from "except that" to the end of the sub-paragraph shall be omitted; in sub-paragraph (2) the words "or county borough" and the words "or mayor", in both places where they occur, shall be omitted; and in sub-paragraph (3) the words "or mayor" and "or county borough" shall be omitted.
(4) In paragraph 7, for the word "county", in each place where it occurs (except in the expression "county borough") there shall be substituted the word "district" and the following words, in each place where they occur, shall be omitted, namely "or county borough", "or mayor" and "or borough".
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9 (1) In the Appendix to Schedule 8 to that Act, in forms A to C and E for the words "[county of ____ ] [county borough of ____ ]" there shall be substituted the words "[district of ____ ]" and, in form A, for the words "county [borough]" there shall be substituted the word "district".
(2) In Form D in that Appendix, the words "[ ____ electoral division of the county of ____ ] [county borough of ____ ]", in each place where they occur, shall be omitted and, subject to those omissions, for the words "county borough" or "county [borough]", in each place where they occur, there shall be substituted tho word "district".
PART II
APPEALS IN RESPECT OF LICENCES UNDER THE HOME COUNTIES (MUSIC AND DANCING) LICENSING ACT 1926 (c. 31)
10 (1) Any person -
(a) whose application for the grant, including a grant by way of renewal or for the transfer of a licence is refused, or
(b) whose licence is revoked under section 3(11) of the 1926 Act, or
(c) who is aggrieved by any term, condition or restriction to which the licence is subject, other than a term, condition or restriction having effect by virtue of regulations under section 3(3) of the 1926 Act,
may, at any time before the expiry of the period of twenty-one days beginning with the relevant date, appeal to the Crown Court.
(2) In sub-paragraph (1) above, "the relevant date" means -
(a) in a case falling within paragraph (a) or (b) of that sub-paragraph, the date on which the applicant or bolder of the licence, as the case may be, is notified by the district council concerned of the refusal or revocation, and
(b) in a case falling within paragraph (c) of that sub-paragraph, the date on which the term, condition or restriction concerned becomes operative.
11. On an appeal under paragraph 10 above the Crown Court may make such order as it thinks fit and, where appropriate, may by the order give directions to the district council concerned with respect to the exercise of their powers under the 1926 Act
12. Notwithstanding anything in section 3 of the 1926 Act, where the grant of a licence by way of renewal is refused or a licence is revoked under subsection (11) of that section, the licence shall nevertheless continue in force -
(a) during the period within which an appeal may be brought under paragraph 10 above, and if such an appeal is brought within that period, until the determination or abandonment of the appeal; and
(b) in the case of a successful appeal against the refusal of a grant by way of renewal until the licence is renewed by the district council.
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SCHEDULE 26
Section 214
CEMETERIES AND CREMATORIA
Discharge of functions of burial authorities
1. In relation to a cemetery or crematorium maintained immediately before 1st April 1974 by a burial board, joint burial board or committee which ceases to exist by virtue of section 214 above the functions conferred by the said section 214 and this Schedule shall, subject to the provisions of any order made under section 254 above, be exercised on and after that date by whichever of the following burial authorities is relevant:-
(a) where the area of the board or committee becomes wholly comprised on that date in a parish or community having a parish or community council, whether separate or common, that council;
(b) where that area becomes comprised in two or more such parishes or communities, the councils of those parishes or communities, acting jointly;
(c) where that area becomes wholly comprised in a parish not having a parish council, the parish meeting of the parish;
(d) where that area becomes wholly comprised in two or more parishes not having parish councils, the parish meetings for those parishes acting jointly;
(e) where that area becomes wholly comprised in two or more parishes of which one or more have, and one or more have not, parish councils, the parish council or councils and the parish meeting or meetings of the parish or parishes not having parish councils, acting jointly;
(f) Where that area becomes wholly comprised in a community not having a community council or in two or more such communities, the council of the district in which that community or those communities become comprised or, where they become comprised in different districts, the councils of those districts acting jointly;
(g) where that area becomes wholly comprised in two or more communities of which one or more have, and one or more have not, community councils, the community council or councils and the council or councils of the district or districts in which the community or communities not having community councils become comprised, acting jointly;
(h) in the case of an area in England none of which becomes comprised in a parish, the council of the district in which it becomes comprised or, where it becomes comprised in two or more districts, the councils of those districts acting jointly;
(i) where that area becomes comprised partly in a parish or parishes and partly in an area which is not a parish, the parish council or councils or parish meeting or meetings, as the case may be, of that parish or those parishes and the council or councils of the district or districts in which it becomes comprised, acting jointly.
[page 385]
2. Where by virtue of paragraph 1 above the functions conferred by section 214 above and this Schedule become exercisable by two or more burial authorities, then, unless a joint board is established under section 6 of the Public Health Act 1936 (c. 49) to exercise those functions, it shall be their duty to make arrangements under Part VI of this Act for the discharge of those functions by a joint committee of those authorities.
3. Section 6 of the Public Health Act 1936 (establishment of joint boards to perform the functions of local authorities under the Public Health Acts) shall have effect as if the provisions of the Cremation Acts 1902 and 1952, section 214 above and this Schedule were part of that Act and as if the reference to local authorities and their districts -
(a) so far as those sections relate to functions with respect to cemeteries, included references to burial authorities and their areas; and
(b) so far as those sections relate to functions with respect to crematoria, included references to burial authorities, other than parish meetings, and the areas of such authorities.
4. Where in pursuance of paragraph 2 above two or more burial authorities make arrangements under Part VI of this Act for the discharge of their functions by a joint committee, and if any of those authorities wish, and one or more of the others do not wish, to alter the arrangements, the arrangements may be changed or ended -
(a) where those authorities are the councils of parishes or communities or groups of parishes or communities situated in the same district, by the council of that district;
(b) in any other case, by the Secretary of State.
5. In the following provisions of this Act, that is to say, sections 101 to 106, 111, 112, 124, 125, 139 and Part I of Schedule 13 so far as they relate to functions conferred by section 214 above and this Schedule, any reference to a local authority or a parish council shall include a reference to a parish meeting or, as may be appropriate, the parish trustees of a parish, and section 109 above shall not apply to those functions.
6. Notwithstanding anything in section 150 above, a parish or community council or parish meeting may by resolution declare any expenses incurred by them in the discharge of functions under section 214 above and this Schedule to be 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 or meeting, as the case may be.
7. If the constituent local authorities of a joint committee of burial authorities are unable to purchase by agreement and on reasonable terms suitable land for the purpose of enabling the committee to exercise their powers under section 214 above and none of those authorities is a district council, the committee may
[page 386]
represent the case to the council of the district in which their area or any part of it is situated, and thereupon section 125 above shall apply as if the committee were a parish or community council and their area were a parish or community.
8. The district council in making and the Secretary of State in confirming an order under that section as applied by paragraph 7 above shall take account of the needs of the whole area of the committee even if it is partly outside the district.
9. Land acquired in pursuance of paragraph 7 above shall be conveyed to one or more of, or of the bodies qualified to hold land on behalf of, the constituent local authorities.
Provision and management of cemeteries
10. Sections 15 and 16 of the Public Health Act 1936 (c. 49) shall apply to the carrying out of works by the council of a district or London borough or the Common Council outside their respective areas for the purpose of a cemetery or crematorium as they apply to the construction of sewage disposal works by such a council outside their area.
11 (1) Subject to the provisions of any order made under section 214(3) above, the council of a district or London borough and the Common Council may make byelaws with respect to the management of any cemeteries provided by them and a parish or community council or parish meeting may adopt for any cemetery provided by them any byelaws made under this paragraph by the district council and duly confirmed.
(2) The confirming authority in relation to byelaws made under this paragraph shall be the Secretary of State.
12. A burial authority may charge such fees as they think proper for or in connection with burials in a cemetery owned by them and in determining the fees to be charged shall take into account the effect of any resolution under section 147(3) or paragraph 6 above.
13. A burial authority shall keep a table showing the matters in respect of which fees or other charges are payable to them and the amount of each fee or charge, and the table shall be available for inspection by the public at all reasonable times.
14. Until the first order under section 214(3) above takes effect, the Cemeteries Clauses Act 1847 (c. 65), except sections 15, 25, 27, 28, 30 to 35, 60, 66 and 67, shall be incorporated with this Act, but -
(a) when the first order under that subsection takes effect, the said Act of 1847 shall cease to apply to cemeteries provided by local authorities, and
(b) section 10 of that Act (cemeteries not to be within a certain distance of houses) shall cease to have effect on 1st April 1974.
Saving, amendments and modifications of enactments
15. Section 214(1) above shall not affect the power to make an Order in Council under section 1 of the Burial Act 1853 (c. 134) or section
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1 of the Burial Act 1855 (c. 128) with respect to the discontinuance of burials; and -
(a) the power to make such an Order shall, notwithstanding anything in section 5 of the said Act of 1853 (which precludes the exercise of that power in the case of cemeteries provided under any Act of Parliament or with the approval of the Secretary of State) be exercisable in relation to an cemeteries provided under section 214 above or in Greater London provided otherwise; and
(b) section 51 of the Burial Act 1852 (c. 85) shall apply to cemeteries in which burials are discontinued by virtue of this paragraph as it applies to burial grounds in which interments are discontinued under that Act;
but nothing in any such Order shall prevent the interment of the body of any person in the Cathedral Church of St. Paul, London, or in the Collegiate Church of St. Peter, Westminster, if Her Majesty signifies Her approval that the body be so interred.
16. In section 1 of the Burial Act 1859 (c. 1 (22 Vict.)), for the word "churchwardens", in the first place where it occurs, there shall be substituted the words "burial authority", for the words from "churchwardens" in the second place where it occurs to "situate" there shall be substituted the words "council of the district or London borough or the Common Council of the City of London, as the case may be" and for the word "churchwardens", wherever it subsequently occurs, there shall be substituted the word "Council".
17. In Part III of Schedule 5 to the Public Health Act 1875 (c. 55), the paragraph relating to section 83 of the Act 11 and 12 Vict. c. 63 shall in Greater London apply only within the outer London boroughs and shall outside Greater London apply to, and only to, a church or other place of public worship -
(a) to which it applies immediately before 1st April 1974 or would have so applied if the building had then been completed; or
(b) the building of which begins on or after that date.
18. It shall not be necessary for a burial authority to obtain the approval of the Secretary of State under section I of the Burial Act 1900 (c. 15) for the consecration of any portion of a burial ground.
19. Section 2(3) of the Burial Act 1900 shall cease to have effect.
20. It shall not be necessary for a burial authority to obtain the leave of the Secretary of State under section 6 of the Burial Act 1900 to apply to any other purpose unconsecrated ground maintained by them and set apart for the purposes of burial, and accordingly that section shall cease to have effect.
21. For section 7 of the Burial Act 1900 there shall be substituted the following section:-
"7 Rites of the Church of England
(1) The incumbent of an ecclesiastical parish situated wholly or partly in an area chargeable with the expenses of a cemetery shall, with respect to his own parishioners and to persons dying in his parish, be under
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the same obligation to perform funeral services in the consecrated part, if any, of the cemetery as he has to perform funeral services in any churchyard of the ecclesiastical parish.
(2) For the purpose of the Burial Laws Amendment Act 1880 (c. 41) (burial without rites of the Church of England) the consecrated part, if any, of a cemetery provided by a burial authority shall be regarded as a graveyard of a parish or ecclesiastical district or place if all or any part of the parish or ecclesiastical district or place is situated in the area chargeable with the expenses of the cemetery.
(3) Burials in the consecrated part of a cemetery provided by a burial authority shall be registered in the same way and subject to the same provisions as burials in the unconsecrated part.
(4) This section does not apply to a cemetery in the area subject to the Welsh Church Act 1914 (c. 91)".
22. For section 9 of the Burial Act 1900 (c. 15) there shall be substituted the following section:-
"9 Setting apart of cemetery for particular denominations
(1) A burial authority may set apart for the use of a particular denomination or religious body any part of the cemetery which has not been consecrated, satisfying themselves, however, that a sufficient part of the cemetery remains unconsecrated and not so set apart.
(2) Any part of a cemetery in the area subject to the Welsh Church Act 1914 (c. 91) which was consecrated before the end of March 1920 or in respect of which a ceremony of consecration has been performed since that time in accordance with the rites of the Church in Wales shall be treated for the purposes of this section as having been set apart for the use of that Church (and as not having been consecrated)".
23. For section 11 of the Burial Act 1900 (c. 15) there shall be substituted the following section:-
"11 Interpretation
In this Act 'area subject to the Welsh Church Act 1914' means the area in which the Church of England was disestablished by that Act".
24. It shall not be necessary for the Secretary of State to approve any table of fees as required by section 9 of the Cremation Act 1902 (c. 8), but any burial authority for the purposes of that Act shall keep such a table and it shall be available for inspection by the public at all reasonable times.
25. A burial authority within the meaning of section 214 above shall also be a burial authority for the purposes of the Burial Act 1900 and the Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 (c. 29).
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SCHEDULE 27
Section 217
AMENDMENTS OF ENACTMENTS RELATING TO JUSTICES
PART I
THE JUSTICES OF THE PEACE ACT 1949 (c. 101)
1. In subsection (5) of section 1, for the words "county palatine of Lancaster" there shall be substituted the words "counties of Greater Manchester, Merseyside and Lancashire".
2. In subsection (9) of section 4, for the words "county palatine of Lancaster" there shall be substituted the words "counties of Greater Manchester, Merseyside and Lancashire".
3. For subsection (5) of section 8 there shall be substituted the following subsection:-
"(5) In respect of duties as a justice in the Crown Court allowances under this section shall be paid by the Lord Chancellor, and in respect of other duties as a justice, allowances under tills section shall be paid as follows:-
(a) any allowance to a justice for a non-metropolitan county in respect of his duties as such shall be paid by the county council; and
(b) any allowance to a justice for a metropolitan county in respect of his duties as such shall be paid by the council of the metropolitan district which is or includes the petty sessions area for which be acts."
4. For section 10 there shall be substituted the following section:-
"10 (1) There shall be a separate commission of the peace for every county.
(2) For the purposes of this section, the Isles of Scilly shall be treated as part of the county of Cornwall."
5 (1) In section 16, in subsection (1) for the word "counties" there shall be substituted the words "non-metropolitan counties and metropolitan districts".
(2) In subsection (2) of that section for the words from "county", in the first place where it occurs, to the end of the subsection there shall be substituted the words "non-metropolitan county and for each metropolitan district:
Provided that there may be a single magistrates' courts committee for an area (in this Act referred to as a 'joint committee area') consisting of two or more non-metropolitan counties, two or more metropolitan districts or one or more non-metropolitan counties and one or more metropolitan districts."
(3) Subsection (3) of that section shall be omitted.
(4) In subsection (5) of that section for the words from "the expression" to the end of the subsection there shall be substituted the words "the Isles of Scilly shall be treated as part of the county of Cornwall.".
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6 (1) In section 18, in subsection (1) for the word "county", in each place where it occurs, there shall be substituted the words "non-metropolitan county or metropolitan district".
(2) In subsection (2) of that section for the word "county" there shall be substituted the words "non-metropolitan county or metropolitan district, as the case may be".
(3) In subsections (5) and (6) of that section for the words "county council" there shall be substituted the words "council of the nonmetropolitan county or metropolitan district concerned".
(4) In subsection (8) of that section for the word "county", in each place where it occurs, there shall be substituted the words "non-metropolitan county or metropolitan district".
(5) In paragraph (a) of subsection (9) of that section for the words from "borough", in the first place where it occurs, to "rural district" there shall be substituted the words "outer London borough, metropolitan county or non-metropolitan district".
(6) At the end of that section there shall be added the following subsection:-
"(11) In its application to the outer London areas this section shall have effect as if any reference to the council of a non-metropolitan county were a reference to the Greater London Council."
7 (1) In section 19, in subsections (8)(c) and (9) for the word "county" there shall be substituted the words "non-metropolitan county or metropolitan district".
(2) Subsection (10) of that section shall be omi
