Local Government Act 1972

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

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

Miscellaneous

136

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

137

• (1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure—

• (a) for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor

• (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.

• (1A) In any case where—

• (a) by virtue of paragraph (a) of subsection (1) above, a local authority are prohibited from incurring expenditure for a particular purpose, and

• (b) the power or duty of the authority to incur expenditure for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),

the prohibition in that paragraph shall extend to all expenditure to which that power or duty would apply if it were not subject to any limitation or condition.

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

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 142 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2D) In subsection (2C) above—

• “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and

• “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

• (3) A local authority may, subject , in the case of a parish or community council, to the following provisions of this section, incur expenditure on contributions to any of the following funds, that is to say—

• (a) the funds of any charitable body in furtherance of its work in the United Kingdom; or

• (b) the funds of any body which provides any public service (whether to the public as a whole or to any section of it) in the United Kingdom otherwise than for the purposes of gain; or

• (c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member or by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973.

• (4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

• (a) such sum as is for the time being appropriate to the authority under Schedule 12B to this Act, by

• (b) the relevant population of the authority’s area.

• (4AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4AB) For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.

• (4A) For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

• (4B) The amounts mentioned in subsection (4A) above are—

• (a) the amount of any expenditure which forms part of the authority’s gross expenditure for that year under this section and in respect of which any grant has been or is to be paid under any enactment by a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975 (whether or not the grant covers the whole of the expenditure);

• (b) the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

• (c) so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure;

• (d) any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

• (e) the amount of any repayment in that year of a loan under this section made by the authority in any year; and

• (f) the amount of any expenditure—

• (i) which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

• (ii) which is incurred by the authority in that year and is of a description so specified; or

• (iii) which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.

• (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (7) The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure. . . .

• (7A) In relation to England, section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to section 3(3) of that Act.

• (7B) In relation to Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 39 of that Act.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Subject to subsection (10) below, in this section “local authority” means—

• (a) a parish council which is not an eligible parish council for the purposes of Chapter 1 of Part 1 of the Localism Act 2011 (general power of competence) , or

• (b) a community council which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence).

• (10) In subsection (3) above “local authority” means—

• (a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,

• (b) in relation to Wales, a county council, a county borough council or a community council.

137A

• (1) If in any financial year a local authority provides financial assistance—

• (a) to a voluntary organisation, as defined in subsection (2D) of section 137 above, or

• (b) to a body or fund falling within subsection (3) of that section,

and the total amount so provided to that organisation, body or fund in that year equals or exceeds the relevant minimum, then, as a condition of the assistance, the authority shall require the organisation, body or fund, within the period of twelve months beginning on the date when the assistance is provided, to furnish to the authority a statement in writing of the use to which that amount has been put.

• (2) In this section “financial assistance” means assistance by way of grant or loan or by entering into a guarantee to secure any money borrowed and, in relation to any financial assistance,—

• (a) any reference to the amount of the assistance is a reference to the amount of money granted or lent by the local authority or borrowed in reliance on the local authority’s guarantee; and

• (b) any reference to the date when the assistance is provided is a reference to the date on which the grant or loan is made or, as the case may be, on which the guarantee is entered into.

• (3) The relevant minimum referred to in subsection (1) above is £2,000 or such higher sum as the Secretary of State may by order specify.

• (4) It shall be a sufficient compliance with a requirement imposed by virtue of subsection (1) above that there is furnished to the local authority concerned an annual report or accounts which contain the information required to be in the statement.

• (5) A statement (or any report or accounts) provided to a local authority in pursuance of such a requirement shall be deposited with the proper officer of the authority.

• (6) In this section “local authority” includes the Common Council.

138

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

• (a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

• (b) make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Nothing in this section authorises a local authority to execute—

• (a) any drainage or other works in any part of a main river, within the meaning of Part IV ’of the Water Resources Act 1991, or of any other watercourse which is treated for the purposes of any of the provisions of that Act as part of a main river, or

• (b) any works which local authorities have power to execute under sections 14 to 17, 62(2) and (3) and 66 of the Land Drainage Act 1991,

but subject to those limitations, the powers conferred by subsections subsection (1) above are in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

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

• (5) With the consent of the Secretary of State, a metropolitan county fire and civil defence authority and the London Fire Commissioner may incur expenditure in co-ordinating planning by principal councils in connection with their functions under subsection (1) above.

• (6) In this section “contingency planning” means the making, keeping under review and revising of plans and the carrying out of training associated with the plans.

139

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

• (a) for the purpose of discharging any of their functions, gifts of property, whether real or personal, made for that purpose; or

• (b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

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

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

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

• (4) Nothing in this section shall affect any powers exercisable by a local authority under or by virtue of the Education Act 1996.

140

• (1) A local authority may enter into a contract of accident insurance against risks of any member of the authority meeting with a personal accident, whether fatal or not, while engaged on the business of the authority.

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

• (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract, . . .

• (3A) References to accident insurance must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (4) In this section, the expression . . . “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

140A

• (1) A local authority may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of the authority meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged.

• (2) In this section

• “local authority” includes—

• (a) a board constituted in pursuance of section 2 of the Town and Country Planning Act 1990. . .;

• (b) the Common Council of the City of London; and

• (c) the Council of the Isles of Scilly; and

140B

• (1) A county council . . . may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of a relevant probation committee meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged.

• (2) In this section—

• “relevant probation committee” means—

• (a) in relation to a county council, a probation committee for a probation area wholly or partly within the county; and

• (b) in relation to Greater London, a probation committee for a probation area wholly or partly within an outer London borough (within the meaning of section 1 of the 1963 Act); and

• (3) In relation to Wales—

• (a) subsections (1) and (2)(a) above shall have effect as if they referred to a principal council; and

• (b) subsection (2)(a) above shall have effect as if it referred to the area of the principal council.

140C

• (1) The relevant classes of contracts of insurance for the purposes of sections 140A and 140B above are—

• (a) contracts of permanent health insurance; and

• (b) contracts of accident insurance.

• (1A) Subsection (1) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (2) Any sum received under a contract of insurance made by virtue of section 140A or 140B above shall, after deduction of any expenses incurred in the recovery thereof, be paid by the authority receiving it to, or to the personal representatives of, the voluntary assistant who suffered the accident, disease or sickness in respect of which the sum is received or to such other person as the authority consider appropriate having regard to the circumstances of the case; and a sum paid to any person other than the assistant or his personal representatives shall be applied by that person in accordance with any directions given by the authority for the benefit of any dependant of the voluntary assistant.

• (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract.

• (4) Section 119 above shall apply to any sum which is due by virtue of subsection (2) above and does not exceed the amount for the time being specified in section 119(1) above.

141

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

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

• (3) This section has effect—

• (a) in relation to a principal council in Wales—

• (i) as if any reference to a council were a reference to the principal council, and

• (ii) as if any reference to a county were a reference to the principal area;

• (b) in relation to a corporate joint committee—

• (i) as if any reference to a council were a reference to the corporate joint committee,

• (ii) as if any reference to a county were a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee, and

• (iii) as if any reference to any other local authority in the county were a reference to any local authority in the corporate joint committee’s area.

142

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

• (1A) A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.

• (1AA) A local authority may—

• (a) for the purpose of broadcasting or distributing information falling within subsection (1AB), provide an electronic communications network or electronic communications service, or

• (b) arrange with the provider of such a network or service for the broadcasting or distribution of such information by means of the network or service.

• (1AB) Information falls within this subsection, in relation to a local authority, if it is one or both of the following—

• (a) information concerning the services within the area of the authority that are provided either by the authority themselves or by other authorities mentioned in subsection (1B) below;

• (b) information relating to the functions of the authority.

• (1AC) Nothing in subsection (1AA) entitles a local authority to do anything in contravention of a requirement or restriction imposed by or under—

• (a) Part 2 of the Wireless Telegraphy Act 2006,

• (b) the Broadcasting Act 1990,

• (c) the Broadcasting Act 1996, or

• (d) the Communications Act 2003,

and in that subsection “electronic communications network” and “electronic communications service” each has the same meaning as in the Communications Act 2003.

• (1B) The other authorities referred to above are any other local authority, ... a joint authority established by Part IV of the Local Government Act 1985 , an economic prosperity board, a combined authority , a combined county authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local or other such authorities.

• (2) A local authority may—

• (a) arrange for the publication within their area of information relating to the functions of the authority; and

• (b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

• (c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

• (d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

• (2A) A local authority may assist voluntary organisations to provide for individuals—

• (a) information and advice concerning those individuals’ rights and obligations; and

• (b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.

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

• (4) This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.

143

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

• (a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

• (b) of any association of officers or members of local authorities which was so formed.

• (2) In this section “local authority” includes the Common Council and a corporate joint committee.

144

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

• (a) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area; and

• (b) provide, or encourage any other person or body to provide, facilities for ..., conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “local authority” includes the Common Council.

145

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

• (a) the provision of an entertainment of any nature or of facilities for dancing;

• (b) the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances;

• (c) the maintenance of a band or orchestra;

• (d) the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts;

• (e) any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them.

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

• (a) may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;

• (b) may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;

• (c) may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat.

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

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

• (5) In this section, the expression “local authority” includes the Common Council.

146

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

• (a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

• (b) if by virtue of anything done under any provision of this Act or the 1963 Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of the county in which the area of that other authority is situated, or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

• (c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the court may on application make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be, and the Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act.

• (1A) In relation to Wales, subsection (1)(b) above shall have effect as if the reference to a county council were a reference to a principal council.

• (2) In this section, the expression—

• “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

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

• “securities” has the meaning given in section 98(1) above

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

146A

• (1) Subject to subsections (1ZA), (1ZB) , (1ZC) , (1ZD) , (1ZE) , (1ZEA) or (1ZF) below, a joint authority, an economic prosperity board, a combined authority, a combined county authority ... and the London Fire Commissioner ... ... shall each be treated—

• (a) as a local authority for the purposes of sections 111 to 119, 128 to 131, 135, 136, 139 (except sub-sections (1)(b) and (2) ), 140, 140A, 140C, 143 and 146 above; and

• (b) as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above.

• (1ZA) In its application by virtue of subsection (1) to an economic prosperity board, section 111 has effect as if it did not permit the borrowing of money.

• (1ZB) In its application by virtue of subsection (1) to a combined authority, section 111 has effect as if it permitted the borrowing of money for the purposes of the exercise by the authority of its transport functions only.

• (1ZC) Neither a metropolitan county fire and rescue authority, nor the London Fire Commissioner, is to be treated as a local authority for the purposes of section 111 above (but see section 5A of the Fire and Rescue Services Act 2004).

• (1ZD) An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008).

• (1ZE) Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).

• (1ZEA) A combined county authority is not to be treated as a local authority for the purposes of section 111 (but see section 49 of the Levelling-up and Regeneration Act 2023).

• (1ZF) The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIII — Finance

Expenses and receipts

Additional rights of access to documents for members of principal councils.

147

148

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The council of each county shall keep a fund to be known as the county fund . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) All receipts of a county council shall be carried to the county fund, and all liabilities falling to be discharged by that council shall be discharged out of that fund.

• (5) Accounts shall be kept of receipts carried to, and payments made out of,

• (a) the county fund, in the case of a county, and

• (b) the collection fund and the general fund established under sections 89 and 91 of the Local Government Finance Act 1988, in the case of a district or London borough;

, and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area.

• (5A) Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992.

• (5B) For any financial year for which the council for a county is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county.

• (6) This section does not apply in relation to a Welsh county council or county borough council.

149

150

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish ... meeting or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12).

151

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

• (2) This section applies to a corporate joint committee as it applies to a local authority.

152

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

153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154–167

Miscellaneous provisions as to finance and rating

168

• (1) Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,—

• (a) of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting;

• (b) in the case of any billing authority—

• (i) of the amount payable to the authority by way of council tax and non-domestic rates; and

• (ii) of the amount paid to any other authority in pursuance of a precept or levy.

• (2) Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

• (3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter.

• (4) The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament.

• (5) In this section “local authority” means—

• (a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

• (aa) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ; . . .

• (c) a body as regards which section 75 of that Act applies

169

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

170

171

172

. . . Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.

Allowances to members of local authorities and other bodies

173

• (1) Subject to subsection (6) below, any member of a parish or community council who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the parish or community council may determine unless a notice under section 173A below is effective in relation to him.

• (2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.

• (3) The amount of any allowance determined by a parish or community council under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the council entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

• (4) Subject to subsection (6) below, any member of a parish or community council who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

173A

• (1) If a councillor gives notice in writing to the parish or community council of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

• (2) A notice under this section is referred to in this section as a “financial loss allowance notice”.

• (3) If a councillor gives a financial loss allowance notice to the parish or community council not later than the end of the period of one month beginning with the day of his election as a member of the councilthen, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

• (4) If a councillor gives a financial loss allowance notice to the parish or community council otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

• (4A) If a councillor who has given a parish or community council a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.

174

• (1) Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

• (2) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

175

• (1) The following bodies, that is to say—

• (a) any local authority;

• (b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.

• (1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

• (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

• (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.

• (2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

• (3) In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

• (3B) In relation to an economic prosperity board, a combined authority , a combined county authority or any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

• (a) to the functions of the body; or

• (b) to any functions of local authorities in which the body has an interest.

• (4) In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

176

• (1) Subject to subsection (2) below, a local authority may—

• (a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

• (b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

• (2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.

• (3) In this section “local authority” includes a joint authority, an economic prosperity board, a combined authority and a combined county authority ....... . .

177

• (1) ... sections 174 and 175 above apply—

• (a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—

• (i) the Common Council;

• (ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and

• (iii) without prejudice to section 265 below, the Council of the Isles of Scilly;

• (b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and

• (c) to any parish or community council.

• (1A) Subsection (1) has effect without prejudice to the operation of—

• (a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);

and

• (c) regulations made by virtue of section 52(6) of that Act (allowances for exclusion appeal panels: Wales); and.

• (2) In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of sections 173 to 176 above ... a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

• (4) Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

177A

178

• (1) The Secretary of State may make regulations as to the manner in which sections 173 to 176 . . . above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

• (a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

• (b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

• (c) providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.

• (2) A statutory instrument containing regulations under section 173 or 177 above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part IX — Functions

General

179

• (1) Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—

• (a) public general Acts passed before, or during the same session as, this Act; and

• (b) instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;

and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

• (2) In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.

• (3) In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.

• (4) In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—

• (a) as respects England, as a reference to a parish or, as the case may be, its council or meeting; and

• (b) as respects Wales, as a reference to a community or, as the case may be, its council, if any.

The environment

180

• (1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—

• (a) for a district, be the district council;

• (b) for a London borough, be the borough council;

• (c) for the City, be the Common Council;

• (d) for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;

• (e) for a Welsh county or county borough, be the county council or county borough council;

but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.

• (2) The Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.

• (3) This section applies to the following enactments:—

• (a) the Public Health Acts 1875 to 1925;

• (b) the Alkali, &c. Works Regulation Act 1906;

• (c) the Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;

• (d) section 8 of the Local Government (Miscellaneous Provisions) Act 1953;

• (e) Part XIII of the Mines and Quarries Act 1954;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) section 1 of the Noise Abatement Act 1960;

• (h) the Public Health Act 1961, except so much of it as falls within section 181(2) below;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) section 6 of the Chronically Sick and Disabled Persons Act 1970.

• (4) Expressions used in this section and Schedule 14 to this Act and in the Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.

181

• (1) For the purposes of the following enactments, that is to say—

• (a) Part IV of the Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;

• (b) the Rural Water Supplies and Sewerage Act 1944, so far as relating to water;

• (c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953;

• (d) the Water Acts 1945 and 1948 and the Water Act 1958;

the local authority shall, for any district, be the district council, and for any London borough, be the borough council and for any principal area in Wales, be the principal council.

• (2) For the purposes of the following enactments, that is to say—

• (a) sections 15, 17–24, 27, 29–34, 36 and 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;

• (b) the Public Health (Drainage of Trade Premises) Act 1937;

• (c) the Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;

• (d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953;

• (e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961;

the local authority shall for any area outside Greater London be the district council.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—

• (a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or

• (b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.

• (10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.

• (11) In this section—

• “sewerage functions” means functions under any of the enactments mentioned in subsection (2) above; and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

182

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In that Schedule—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

183

184

• (1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall—

• (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and

• (b) as respects Wales, be exercisable in accordance with subsections (7) and (8) below.

• (2) The following of the said functions, that is to say those conferred by—

• (a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and

• (b) sections 12(5), 13 and 14 of the said Act of 1968;

shall, subject to subsection (3) below . . ., be functions of the county planning authority.

• (3) The functions of a local planning authority under section 9 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.

• (4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, . . ., be exercisable both by county planning authorities and district planning authorities.

• (5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.

• (8) In that Schedule “the 1949 Act” and “the 1968 Act” mean the said Acts of 1949 and 1968 respectively.

185

• (1) In the Town Development Act 1952 (in this section referred to as “the principal Act”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—

• (a) amendments consequential on this Part of this Act, and

• (b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).

• (5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.

Exempt information and power to vary Schedule 12A.

186

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—

• (a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and

• (b) may, if they think fit, determine that any such charges shall no longer be made;

and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.

• (7) In subsection (6) above, “local authority” includes any existing county borough or county district council and the Common Council.

187

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) With respect to footpaths , bridleways and restricted byways within their area a district council or, where they are not the highway authority, a Welsh principal council shall have—

• (a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) “Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

188

189

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—

• (a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;

• (b) with respect to a green or land in a community where there is a community council, as references to the community council;

• (c) with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated;

and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area.

• (4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.

Interpretation and application of Part VA.

190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of staff.

191

• (1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the following modifications.

• (2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council (or, in Wales, a principal council) and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) References, in whatever terms, in the 1841 Act—

• (a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require or, in Wales, the principal council), and

• (b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require (or, in Wales, the principal council).

• (5) . . . References in that Act to a county include references to any preserved county or local government area within the meaning of this Act.

Education, social and welfare services

192

193

195

• (1) Outside Greater London, the local authorities for the purposes of the Local Authority Social Services Act 1970 (in this section referred to as “the Act of 1970”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.

• (2) In a non-metropolitan county in England each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.

• (3) The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—

• (a) proposals approved under section 20 of the National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and

• (b) schemes approved under section 34 of the National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),

shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, . . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.

• (4) Any delegation scheme under section 46 of the Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.

• (5) Any scheme or regional plan made by a children’s regional planning committee under the Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.

• (6) The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—

• (a) to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and

• (b) to give effect to subsection (3) above, as it affects those authorities.

• (7) In section 64(1) of the National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.

Miscellaneous functions

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .