Local Government Act 1972

• (9) In calculating the sum produced by the formula in sub-paragraph (1) above a part of a whole (if any) shall be calculated to two decimal places only—

• (a) adding one hundredth where (apart from this sub-paragraph) there would be five, or more than five, one-thousandths, and

• (b) ignoring the one-thousandths where (apart from this sub-paragraph) there would be less than five one-thousandths.

4

Before the beginning of a financial year, the appropriate person may by order provide for a different sum to have effect as the sum appropriate to a local authority for the year in place of the sum calculated for the year in accordance with paragraph 3 above.

5

In paragraph 4 above “the appropriate person” means—

• (a) as respects England, the Secretary of State;

• (b) as respects Wales, the National Assembly for Wales.

6

An order under paragraph 4 above may make different provision in relation to local authorities of different descriptions.

7

An order under paragraph 4 above made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 13

Part I

1–22

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

Part II — Amendments with Respect to Finance and Rating

23

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

The Rural Water Supplies and Sewerage Act 1944

24

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

Parish Councils Act 1957

25

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

26

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

27

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

The General Rate Act 1967

28

• (1) The General Rate Act 1967 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 or the City of London (Tithes) Act 1947); (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

;

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(1)(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 sub-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, be 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

Part I — The Public Health Act 1936

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— (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 Sub-Treasurer and the Under Treasurer thereof respectively.

2

Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3

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

4

Without prejudice to paragraph 2 above, the following provisions, that is to say, sections . . . 79, 80, . . ., 263 and 264 shall apply throughout the district of every local authority.

5–7

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

8

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

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 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

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

11

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

12

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

13

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

15

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

17

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

18

The powers conferred by Part VIII on local authorities within the meaning of the Public Health Act 1936 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

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

20

Any reference in section 278 to a local authority shall include a reference to a county council . . ..

21

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

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. ”.

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 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) sections 21, 82, 83 . . . of the Public Health Acts Amendment Act 1907; and

• (e) sections 17 to 19 and 76 of the Public Health Act 1925;

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-paragraph (2) 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).

• (2) A resolution under this paragraph disapplying—

• (a) section 171(4) of the Public Health Act 1875;

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

• (c) section 82, 83 . . . of the Public Health Acts Amendment Act 1907; or

• (d) section 76 of the Public Health Act 1925;

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The notice which is requisite for a resolution given under sub-paragraph (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) . . . be a date specified therein, being not earlier than one month after the date of the resolution; . . .

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

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

• (c) section 80 of the Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the Town Police Clauses Act 1847;

• (d) sections 17 to 19, 75 and 76 of the Public Health Act 1925.

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;

• (b) section 44 of the Public Health Acts Amendment Act 1890;

• (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 or, where they are not the highway authority, the council of a Welsh principal area 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, 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

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

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 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

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

36

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

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

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

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

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

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 Local Government Act 1966

44

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

45

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

46

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

48

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

The Deposit of Poisonous Waste Act 1972

49

In section 5(1) of the Deposit of Poisonous Waste Act 1972, 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

The Public Health Act 1936

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

1

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 respectively shall cease to have effect.

The Water Act 1945

3

In paragraph 27 of Schedule I to the Water Act 1945 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

Part I — Town and Country Planning Act 1971

Structure and local plans

1–3

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

4–47

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

48

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

49–53

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

Part II — Other Enactments

54

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

The Land Compensation Act 1961

55

• (1) In England, elsewhere than in Greater London , a metropolitan county 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 shall—

• (a) in the case of an application specifying only a description of development which appears, or descriptions of development each of 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 description which appears to the former not to relate to a county matter would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.

• (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 description which appears to the former to relate to a county matter would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.

• (6) A county planning authority by whom a certificate is issued under section 17 of the Land Compensation Act 1961 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 identifies 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 1 of Schedule 1 to the Town and Country Planning Act 1990.

56

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

57

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

Part III

58

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

SCHEDULE 17

Part I — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 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 section 2 of the Town and Country Planning Act 1990 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 in England 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 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990, 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 2 of the Town and Country Planning Act 1990 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.

3A

• (1) Where a National Park is wholly comprised in one planning area in Wales, the Secretary of State may by order constitute a special planning board to discharge, as respects the area of the Park, the functions to which this Part of this Schedule applies.

• (2) Any enactment relating to joint planning boards constituted by an order under section 2 of the Town and Country Planning Act 1990 shall apply in relation to a special planning board constituted under this paragraph as it applies in relation to a joint planning board constituted under subsection (1B) of that section, but as if—

• (a) the area of the National Park were a united district; and

• (b) any reference (however expressed) to the constituent councils of the joint board (or which is to be construed as such a reference) were a reference to the council of the principal area in question.

3B

A board reconstituted under paragraph 3 above or constituted under paragraph 3A above shall be known as “a special planning board”.

4

The Secretary of State may by an order under paragraph 1, 3 or 3A above, or by an order under the said section 2 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 planning areas in which the Park is comprised shall make arrangements 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 sections 30 to 35C, 46(2) and 50(1)(4)(5) and (7) of the Town and Country Planning Act 1990;

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

• (c) their functions under Part III and, so far as relating to planning control under Part III, Part VII 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 1990 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 planning areas shall be appointed by the council of such of those areas 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 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 (to the nearest whole number) 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:

12

The persons appointed in pursuance of paragraph 11 above shall hold 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.

12A

• (1) 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 include members (in this paragraph referred to as “district council members”) who are appointed by councils of non-metropolitan districts which comprise any part of that Park (in this paragraph referred to as “relevant district councils”).

• (2) The number of district council members of such a board or Committee shall be equal to—

• (a) the number of relevant district councils; or

• (b) one seventh (to the nearest whole number) of the members of the board or Committee,

whichever is the less; and for the purposes of this sub-paragraph any casual vacancy in the membership of the board or Committee shall be disregarded.

• (3) The district council members shall be appointed by such of the relevant district councils as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State.

• (4) The district council members shall hold office for a period of one year and shall be eligible for reappointment; and section 102(5) above shall apply in relation to a district council member appointed under this paragraph as it applies in relation to a member of a committee appointed under that section.

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 or metropolitan district 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 or metropolitan district 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 planning area the members of the Committee shall (subject to paragraphs 11 and 12A above) be appointed by, and the majority of those members shall be members of, the council of the area, and in the case of a National Park Committee for a National Park comprised in two or more planning areas the members of the Committee shall (subject as aforesaid) be appointed by such of the councils of those areas 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

• (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 or metropolitan district 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 2 of the Town and Country Planning Act 1990 or this Part of this Schedule.

16

A National Park Officer appointed by a National Park Committee shall be an officer of the council of the planning area 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 18 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 , county borough council or district council as local planning authority under the 1949 Act, the 1968 Act and the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Consequential Provisions) Act 1990 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.

21A

In this Part of this Schedule “planning area” means a metropolitan district or a non-metropolitan county but, in relation to Wales, means a county or county borough.

Construction of References to the Countryside Commission

21B

In this Part of this Schedule, references to the Countryside Commission shall, in relation to a National Park in Wales, be construed as references to the Countryside Council for Wales.

Part II — Survey of Public Paths, Etc.

22

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

24

Where on any such survey of any area under section 27 of the 1949 Act a draft map and statement has, 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.

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

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

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 II to IV of Schedule 3 to the 1968 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.

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

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

35A

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

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 in England 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(3)(a) 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.

SCHEDULE 18

1

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

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;

4

In section 8(1), . . . 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

PART I — THE ROAD TRAFFIC ACT 1972

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 ”.

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

7–32

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

PART III

33–36

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

SCHEDULE 20

SCHEDULE 21

PART I

1–95

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

PART II — OTHER ENACTMENTS

96

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

97

At the end of section 57(3) of the National Parks and Access to the Countryside Act 1949 there shall be added the words “ or by the council of the district in which the notice is placed or maintained ”.

98

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

99

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

SCHEDULE 22

SCHEDULE 23

1

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

2

• (1) In section 21 of the National Assistance Act 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) . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (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

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

4

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

5

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

6

• (1) In section 3 of the Disabled Persons (Employment) Act 1958, 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 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

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

8

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

9

• (1) In the Mental Health Act 1959, in sections 8(1), . . . for the words “local health authorities” there shall be substituted the words “ local social services authorities ”.

• (2) In sections . . ., 131, . . . and 142 of that Act for the words “local health authority” there shall be substituted the words “ local social services authority ”.

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

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

10

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

11

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

12

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

13

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

14

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

15

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

• (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, 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 I of this Act instituted by a local education authority, means the council of a non-metropolitan county or of a metropolitan district ”.

SCHEDULE 24

Part I — Amendments of General Application

1

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

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

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

4

After section 15 there shall be inserted the following section:—

(15A) (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. (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

9–17

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

SCHEDULE 25

Part I — Amendments of Licensing Act 1964

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

Part II

10–12

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

SCHEDULE 26

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 court or councils of the district or districts in which it becomes comprised, acting jointly.

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 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 groups of parishes . . . situated in the same district, by the council of that district;

• (aa) where those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that principal area;

• (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 or Welsh principal council, the committee may represent the case to the council of the district or Welsh principal area 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 or Welsh principal 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 or (as the case may be) principal area.

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 . . . of the Public Health Act 1936 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 . . . 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.

• (1A) Subject to the provisions of any order made under section 214(3) above, a Welsh principal council may make byelaws with respect to the management of any cemetery provided by them and a community council may adopt for any cemetery provided by them any byelaws made under this paragraph by the principal council and duly confirmed.

• (2) The confirming authority in relation to byelaws made under this paragraph shall be the Secretary of State.

12

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

14

Until the first order under section 214(3) above takes effect, the Cemeteries Clauses Act 1847, 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 or section 2 of the Burial Act 1855 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 all cemeteries provided under section 214 above or in Greater London provided otherwise; and

• (b) section 51 of the Burial Act 1852 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, for the word “churchwardens”, in the first place where it occurs, there shall be substituted the words “ burial authority ”, for the words from “church wardens” 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, 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.

18–23

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

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, 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 Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970.

SCHEDULE 27

1

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

2–4

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

5–10

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

11

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

12–15

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

16

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

17

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

18

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

19

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

SCHEDULE 28

SCHEDULE 28A

Introductory

1

• (1) This Schedule makes provision for the laws relating to freedom of a city or town to be amended by, or pursuant to, a resolution of persons admitted to that freedom.

• (2) The powers conferred by this Schedule are without prejudice to any other power to amend the law relating to freedom of a city or town.

• (3) In this Schedule—

• “appropriate national authority” means—the Secretary of State, in relation to a city or town in England;the Welsh Ministers, in relation to a city or town in Wales;

• “enactment” includes in particular—a royal charter or other instrument made under the royal prerogative;any instrument made under an enactment.

Powers to amend law in respect of women and civil partners

2

• (1) The purposes of this paragraph are—

• (a) to provide for a woman to have the right to be admitted to freedom of a city or town in any or all circumstances where a man has that right;

• (b) to enable a woman admitted to the freedom of a city or town (whether pursuant to this Schedule or otherwise) to use the title “freewoman”;

• (c) to put a civil partner or surviving civil partner of a person admitted to freedom of a city or town in the same position as a spouse or surviving spouse of such a person.

• (2) The appropriate national authority may by order amend an Act for any purpose of this paragraph, if the amendment is proposed by a qualifying resolution.

• (3) A qualifying resolution may amend—

• (a) any enactment other than an Act, or

• (b) the law established by custom,

for any purpose of this paragraph.

• (4) An amendment may not be made under this paragraph for the purpose specified in sub-paragraph (1)(a) if the effect of the amendment in any case or circumstances would be to deprive a man of the right to be admitted to freedom of a city or town.

• (5) A provision of a public general Act may not be amended under this paragraph unless the provision relates only to—

• (a) a particular city or town, or

• (b) a specified group of cities or towns.

Power to amend royal charters

3

• (1) Her Majesty may by Order in Council amend the law relating to rights of admission to freedom of a city or town where—

• (a) the law is contained in a royal charter; and

• (b) the amendment is proposed in a qualifying resolution.

• (2) It is immaterial for the purposes of sub-paragraph (1) above whether the amendment is one which could be made under paragraph 2(3) above.

• (3) An Order in Council under this paragraph is not a statutory instrument for the purposes of the Statutory Instruments Act 1946.

Powers to amend laws established by custom

4

• (1) A qualifying resolution may amend the law relating to rights of admission to freedom of a city or town where the law is established by custom.

• (2) The power in sub-paragraph (1) above does not include power to make an amendment which could be made under paragraph 2(3) above.

Consequential amendments

5

• (1) The power to make an amendment under paragraph 2(2) above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—

• (a) any enactment, or

• (b) the law established by custom.

• (2) The power to make an amendment under paragraph 2(3), 3 or 4 above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—

• (a) any enactment other than an Act, or

• (b) the law established by custom.

• (3) Where an amendment is made under paragraph 2(3), 3 or 4 above, the appropriate national authority may by order make consequential amendments to any Act, if the consequential amendments are proposed by a qualifying resolution.

6

• (1) Where by virtue of an amendment under paragraph 2, 3 or 4 above a person has the right of admission to freedom of city or town, the following amendments in particular are to be regarded as consequential for the purposes of this Schedule—

• (a) an amendment for the purpose of putting that person in the same position as any other person admitted to that freedom;

• (b) an amendment for the purpose of putting a person who by marriage, civil partnership, descent, employment or otherwise is or has been related to or associated with that person in the same position as a person correspondingly related to or associated with any other person admitted to that freedom;

• (c) an amendment for the purpose of putting a person who is or has been related by marriage or civil partnership to a surviving spouse or civil partner or child of that person in the same position as a person correspondingly related to the surviving spouse or civil partner or child of any other person admitted to that freedom.

• (2) In determining for the purposes of sub-paragraph (1) above whether one relationship corresponds with another, differences of gender are to be ignored.

Qualifying resolutions

7

• (1) For the purposes of this Schedule, a “qualifying resolution” is a resolution—

• (a) in relation to which the requirements of paragraph 8 below are complied with; and

• (b) which is passed in accordance with paragraph 9 below.

8

• (1) The requirements of this paragraph in relation to a resolution are as follows.

• (2) The resolution must be proposed by three or more eligible persons.

• (3) Voting on the resolution is to be by postal ballot.

• (4) The proposers must make reasonable endeavours to secure that each eligible person is sent—

• (a) a notice of the ballot, and

• (b) a ballot paper.

• (5) The notice must state—

• (a) the resolution proposed,

• (b) the purpose of the resolution, and

• (c) the date by which ballot papers must be returned (the “voting date”).

• (6) Any notice and ballot paper must be sent at least 28 days before the voting date.

• (7) For the purposes of this paragraph, a notice or ballot paper is sent to a person on the day it is posted by first class post to the last known address of that person.

9

• (1) A resolution is passed in accordance with this paragraph if—

• (a) it is passed by a majority of the eligible persons voting on the resolution,

• (b) the number of eligible persons voting on the resolution is at least 10% of the number of eligible persons to whom notice is sent under paragraph 8(4) above, and the resolution is notified to the relevant council within six weeks from the voting date.

• (2) For the purposes of sub-paragraph (1)(c) above, the resolution is notified by delivery of the following documents to the relevant council—

• (a) a copy of the resolution;

• (b) a copy of the notice sent under paragraph 8(4) above;

• (c) a statement in writing of the names of the eligible persons to whom the notice was sent;

• (d) a statement in writing of the number of eligible persons who voted on the resolution and of the number who voted in favour of it;

• (e) all ballot papers returned in accordance with the notice.

• (3) The relevant council must keep the documents delivered under sub-paragraph (2) above, but need not keep those within paragraphs (b) to (e) of that sub-paragraph if it considers that it is no longer reasonably necessary to do so.

10

In paragraphs 8 and 9 above—

• “eligible person” means a person whose name is on the roll of persons admitted to the freedom of the city or town concerned kept under section 248(2) above;

• “relevant council” means—in relation to a city or town in England—the district council in whose area the city or town is situated, orif the city or town is not in the area of a district council, the county council in whose area it is situated;in relation to a city or town in Wales, the principal council in whose area the city or town is situated.

Order-making powers: supplementary

11

• (1) A statutory instrument containing an order under this Schedule which contains an amendment to a public general Act is subject to annulment—

• (a) by either House of Parliament, in the case of an order made by the Secretary of State;

• (b) by the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

SCHEDULE 29

Part I — General Adaptation of Enactments

1

• (1) This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment.

• (2) Any reference in any such enactment or instrument to a local authority within the meaning of the 1933 Act shall be construed as a reference to a local authority within the meaning of this Act.

2

In any enactment or instrument to which paragraph 1 above applies any reference to a district which is such a reference by virtue only of a provision of this Act shall be construed as a reference to a district within the meaning of this Act.

3

In any enactment or instrument to which paragraph 1 above applies—

• (a) references to expenses, including expenses of a specified description, incurred for general county purposes or general London purposes or to expenditure on which the whole of the county or the whole of Greater London is chargeable shall be construed as references to general expenses of a county council or the Greater London Council, as the case may be;

• (b) references to expenses, including expenses of a specified description, incurred for special county purposes or special London purposes or to expenditure on which a part only of the county or Greater London is chargeable shall be construed as references to special expenses of a county council or the Greater London Council, as the case may be; and

• (c) references to receipts of a county council or the Greater London Council for general or special county purposes shall be construed as references to receipts of a county council or the Greater London Council in respect of general or, as the case may be, special expenses.

4

• (1) Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies—

• (a) any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority;

• (b) any reference to a specified officer of a county council shall be construed as a reference to the proper officer of a county council;

• (c) any reference to a specified officer of a borough or of the council of a county district (whether referred to as such or as the council of a borough or urban or rural district) shall be construed as a reference to the proper officer of a district council;

• (d) any reference to a specified officer of a rural parish (whether referred to as such or as a parish) shall be construed as a reference to the proper officer of a parish or community council, as the case may be.

• (2) Sub-paragraph (1) above shall not apply in any case where the reference is to any officer of a specified local authority which ceases to exist by virtue of section 1 or 20 of this Act, and shall not apply to any reference in any enactment to an officer specified in section 112(4) above.

5

In any enactment or instrument to which paragraph 1 above applies any reference to a representative body of a parish—

• (a) as respects England, shall be construed as a reference to the parish trustees of the parish; and

• (b) as respects Wales, shall be disregarded.

6

• (1) This paragraph applies for the construction of any enactment passed before 22nd March 1967, and shall have effect subject to any contrary intention which may appear in any such enactment.

• (2) In any such enactment any reference to a parish shall—

• (a) as respects those areas in England outside Greater London which immediately before 1st April 1974 constituted urban parishes, other than urban parishes in a rural district, be construed as a reference to each such area or, where the area is divided between more than one district, as a reference to each part of the area so divided; and

• (b) in the case of the areas mentioned in paragraph 3 of Part IV of Schedule 1 to this Act, be construed as a reference to each such area.

• (3) In any such enactment any reference to an urban parish shall, as respects those areas of England outside Greater London which immediately before 1st April 1974 constituted urban parishes, be construed as a reference to each such area or, where the area is divided between more than one district, as a reference to each part of the area so divided.

• (4) In any such enactment any reference to a rural parish shall as respects the areas mentioned in paragraph 3 of Part IV of Schedule 1 to this Act be construed as a reference to each such area.

• (5) In any such enactment any reference to an urban parish shall as respects Wales be construed as a reference to a community.

• (6) As respects Greater London any reference to a parish or urban parish—

• (a) in any such enactment relating to rating and valuation shall be construed as a reference to a rating district;

• (b) in any other such enactment shall be construed as a reference to a rating area.

7

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

8

The foregoing provisions of this Schedule shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act.

Part II — Particular Modifications and Amendments

Allotments

9

• (1) As respects a parish in England those functions under the Allotments Acts 1908 to 1950 which, apart from this paragraph, would be exercisable both by the district council and the parish council or parish meeting shall not be exercisable by the district council.

• (2) In section 34 of the Small Holdings and Allotments Act 1908, in subsection (1), for the words from “submit to the council” to the words “partly situate” there shall be substituted the words “ prepare and carry into effect ”.

• (3) In subsection (2) of that section, for the words from “no county council” to the words “being made” there shall be substituted the words “ Upon such a scheme being carried into effect ”.

• (4) In section 39(7) of that Act, for the word “county”, wherever occurring, there shall be substituted the word “ district ”.

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

10

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

• (2) In section 12(1) and in section 17 of that Act, for the word “county” there shall be substituted the word “ district ”.

11

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

Ancient monuments

12

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

Betting and gaming

13

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

Caravan sites

14

In section 23 of the Caravan Sites and Control of Development Act 1960 for the words “rural district council”, wherever occurring there shall be substituted the words “ district council ”.

Celluloid and cinematograph film

15

In section 9 of the Celluloid & Cinematograph Film Act 1922, in the definition of “local authority” for the words following “means” there shall be substituted the words “ the council of a county or London borough or the Common Council of the City of London ”.

Children and young persons

16

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

Coast protection

17

• (1) In section 20 of the Coast Protection Act 1949,—

• (a) in subsections (1) to (4), for the words “county district”, wherever occurring, there shall be substituted the words “ maritime district ”;

• (b) in subsection (5), for the words “county borough” there shall be substituted the word “ district ”.

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

Consumer protection

18

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

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

Explosives

19

In section 67 of the Explosives Act 1875 for paragraph (3) there,7. shall be substituted the following:—

(3) Outside Greater London, the council of a county ; and

Gas

20

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

• (2) Every application for a certificate under Schedule 3 to that Act with regard to planning permission for the carrying out of controlled operations shall, outside Greater London, be made to the district planning authority, but shall be dealt with by the local planning authority who would have dealt with an application for planning permission for the carrying out of those operations, and the district planning authority shall, as soon as may be after they have received any application for such a certificate which falls to be dealt with by the county planning authority, send the application to the latter.

• (3) Sub-paragraph (2) above does not apply in relation to Wales.

21

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

House to house and street collections

22

In section 5 of the Police, Factories, &c (Miscellaneous Provisions) Act 1916, in subsection (1) for the words “A police authority” there shall be substituted the words “Each of the authorities specified in subsection (IA) below” and for the words “the police” there shall be substituted the word “their”, and at the end of that subsection there shall be inserted the following subsection:—

(1A) The authorities referred to in subsection (1) above are— (a) the Common Council of the City of London, (b) the police authority for the Metropolitan Police District, and (c) the council of each district; but any regulations made by a district council under that subsection shall not have effect with respect to any street or public place which is within the Metropolitan Police District as well as within the district.

23

• (1) In section 2 of the House to House Collections Act 1939, in subsection (1), for the word “police”, in the first place where it occurs, there shall be substituted the word “licensing” and the word “police”, in the second place where it occurs, shall be omitted.

• (2) After that subsection there shall be inserted the following subsection:—