Local Government Act 1972

• (1) Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) unless no other suitable room is available either free of charge or at a reasonable cost.

• (2) Three clear days at least before a meeting of a parish council—

• (a) notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

• (b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and certified by the proper officer of the council, shall be sent to every member of the council by an appropriate method.

• (2A) In sub-paragraph (2)—

• (a) “authenticated” means signed or otherwise authenticated in such manner as the proper officer thinks fit; and

• (b) the reference to sending the summons to a member by an appropriate method is to—

• (i) leaving it at, or sending it by post to, the member’s usual place of residence, or

• (ii) where the member has given consent for the summons to be transmitted in electronic form to a particular electronic address (and consent has not been withdrawn), sending it in electronic form to that address.

• (3) Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting.

11

• (1) At a meeting of a parish council the chairman of the council, if present, shall preside.

• (2) If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

• (3) If both the chairman and vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

12

Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

13

• (1) Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a parish council shall be by a show of hands.

• (2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

Part III — Parish Meetings

14

• (1) The parish meeting of a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year.

• (2) Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.

• (3) In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.

• (4) The proceedings at a parish meeting shall not commence earlier than 6 o’clock in the evening.

• (5) A parish meeting shall not be held in premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

15

• (1) A parish meeting may be convened by—

• (a) the chairman of the parish council, or

• (b) any two parish councillors for the parish, or

• (c) where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or

• (d) any six local government electors for the parish.

• (2) Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.

• (3) The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to—

• (a) the establishment or dissolution of a parish council, or

• (b) the grouping of the parish with another parish or parishes under a common parish council.

• (4) Public notice of a parish meeting shall be given—

• (a) by posting a notice of the meeting in some conspicuous place or places in the parish, and

• (b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

16

The chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.

17

• (1) In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside.

• (2) In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.

• (3) If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.

18

• (1) Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question.

• (2) A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

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

• (4) A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

• (5) A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.

• (6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

• (7) A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting, subject to regulations made under sub-paragraph (8).

• (8) The Secretary of State may by regulations make provision about polls consequent on parish meetings, in particular about—

• (a) the questions arising at a meeting on which a poll may be demanded,

• (b) the circumstances in which a poll may or must be taken (including provision as to the number of local government electors who must demand a poll for a poll to be taken), and

• (c) the conduct of a poll.

• (9) Regulations under sub-paragraph (8)(c) may apply any electoral enactment (with or without modifications) to polls consequent on parish meetings.

• (10) In sub-paragraph (9) “electoral enactment” means an enactment which relates to elections or referendums.

• (11) A statutory instrument containing regulations under sub-paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

19

• (1) Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.

• (2) Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

20

• (1) Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish.

• (2) In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.

21

• (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determined.

• (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

22

If any person, in a poll consequent on a parish meeting—

• (a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

• (b) without due authority supplies a ballot paper to any person; or

• (c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

• (d) fraudulently takes out of the polling station any ballot paper; or

• (e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

• (i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

• (ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part IV — Community Councils

23

• (1) A community council shall in every year hold an annual meeting.

• (2) In a year which is a year of ordinary elections of community councillors, the annual meeting of a community council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the community council may determine.

• (3) The annual meeting of a community council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

24

• (1) A community council may in every year hold, in addition to the annual meeting, such other meetings as the council may determine to hold for the transaction of their business.

• (2) Any of those other meetings shall be held at such hour and on such day as the council may determine.

25

• (1) An extraordinary meeting of a community council may be called at any time by the chairman of the council.

• (2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

26

• (1) Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.

• (2) Three clear days at least before a meeting of a community council or, if the meeting is convened at shorter notice, then at the time it is convened —

• (a) notice of the meeting containing the information required by sub-paragraph (2ZA) shall be published electronically and fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall set out the names of those members and shall specify the business proposed to be transacted at the meeting; and

• (aa) any documents relating to the business to be transacted at the meeting must be published electronically (in so far as reasonably practicable),

• (b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and authenticated by the proper officer of the council, must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.

• (2ZA) The information required to be in a notice under sub-paragraph (2)(a) consists of—

• (a) where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it;

• (b) where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it;

• (c) where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public;

• (d) where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public.

• (2ZB) In sub-paragraph (2ZA), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).

• (2A) The duty of a community council under sub-paragraph (2)(aa) to publish documents relating to the meeting does not apply where—

• (a) the documents relate to business which in the opinion of the council is likely to be transacted in private, or

• (b) the disclosure of such documents would be contrary to any enactment.

• (2B) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.

• (2C) If a member of a community council gives notice in writing to the proper officer of the council that summonses to attend meetings of the council should be sent to the member at an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address.

• (2D) At least three clear days before a meeting of a committee or sub-committee of a community council, notice of the time and place of the intended meeting must be published electronically and fixed in a conspicuous place in the community.

• (2E) If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “ twenty four hours ”.

• (3) Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.

27

• (1) At a meeting of a community council the chairman of the council, if present, shall preside.

• (2) If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

• (3) If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

28

Subject to paragraph 45 below, no business shall be transacted at a meeting of a community council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

29

• (1) The manner of voting at meetings of a community council is to be decided by the council, but (if a vote is necessary on the question) the proper officer is to determine the manner of voting on that decision; if agreement cannot be reached, the proper officer is to determine the manner of voting on all other matters.

• (2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

Part V — Community Meetings

30

• (1) Where there is a community council for a community, a community meeting may be convened at any time by the chairman of the council or by any two councillors representing the community on the council.

• (2) Except in a case falling within sub-paragraph (3) below, public notice of a community meeting convened under sub-paragraph (1) above shall be given not less than 7 clear days before the meeting.

• (3) Where any business proposed to be transacted at a community meeting convened under sub-paragraph (1) above relates to the existence of the community council or the grouping of the community with other communities, public notice of the meeting shall be given not less than 30 clear days before the meeting.

• (3A) The notice required by sub-paragraph (2) or (3) above shall—

• (a) specify the time and place of the intended meeting;

• (b) specify the business to be transacted at the meeting; and

• (c) be signed by the person or persons convening the meeting.

• (4) Public notice of a community meeting convened under sub-paragraph (1) above shall be given—

• (a) by posting a notice of the meeting in some conspicuous place or places in the community, and

• (b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

• (5) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.

31

The chairman of a community council shall be entitled to attend a community meeting for the community (or, where a grouping order is in force, for any of the communities comprised in the group) whether or not he is a local government elector for the community, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 34(3) below.

32

• (1) The proceedings at a community meeting shall not commence earlier than 6 o’clock in the evening.

• (2) A community meeting shall not be held in premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act) , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

33

• (1) In a community for which there is a community council, the chairman of the council, if present, shall preside at a community meeting.

• (2) In any other case, a community meeting shall appoint a person to be chairman at that meeting.

34

• (1) Subject to the provisions of this Act, each local government elector may, at a community meeting or at a community governance poll, give one vote and no more on any question.

• (2) A question to be decided by a community meeting shall... be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final ....

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

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

• (5) The Welsh Ministers may by regulations make provision about the conduct of community governance polls.

• (6) Regulations under sub-paragraph (5) may apply any enactment relating to elections or referendums (with or without modifications) to community governance polls.

• (7) A statutory instrument containing regulations under sub-paragraph (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (8) In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.

35

• (1) Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the principal area in which the community is situated and shall be signed at the conclusion of the community meeting by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.

• (2) Until the contrary is proved, a community meeting in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified.

36

Subject to the provisions of this Act a community meeting may regulate their own proceedings and business.

37

• (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a community meeting community governance poll on such terms and conditions as the Treasury may determine.

• (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

38

If any person, in a poll consequent on a community meeting community governance poll—

• (a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

• (b) without due authority supplies a ballot paper to any person; or

• (c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

• (d) fraudulently takes out of the polling station any ballot paper; or

• (e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

• (i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

• (ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part VI — Provisions Relating to Local Authorities Generally

39

• (1) Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority.

• (2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

40

The names of the members present at a meeting of a local authority shall be recorded.

41

• (1) Minutes of the proceedings of a meeting of a local authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next suitable meeting of the authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

• (2) Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of a local authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next suitable meeting of the authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

• (3) Until the contrary is proved, a meeting of a local authority a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

• (4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.

42

Subject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

43

The proceedings of a local authority shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

44

• (1) Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority.

• (2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

45

Where more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole number of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority.

46

In this Part of this Schedule “local authority” includes a joint authority .... . . . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.

SCHEDULE 12A

Part I — Description of Exempt Information

1

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the authority.

2

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular officer, former officer or applicant to become an officer appointed by—

• (a) a magistrates’ court committee . . .; . . .

• (b) a probation committee within the meaning of the Probation Service Act 1993or

• (c) a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.

2A

Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.

3

Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

4

Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

5

Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

6

Information relating to the adoption, care, fostering or education of any particular child.

7

Information relating to the financial or business affairs of any particular person (other than the authority).

8

Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—

• (a) the Companies Acts (as defined in section 2 of the Companies Act 2006);

• (b) the Friendly Societies Act 1974 ;

• (c) the Friendly Societies Act 1992 ;

• (d) the Co-operative and Community Benefit Societies Act 2014;

• (e) the Building Societies Act 1986 ; or

• (f) the Charities Act 2011.

9

Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission or permission in principle pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .

10

Information which—

• (a) falls within any of paragraphs 1 to 7 above; and

• (b) is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

11

• (1) In Parts 1 and 2 and this Part of this Schedule—

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

• “office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

• “registered” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).

• (2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

• (a) in the case of a principal council, to any committee or sub-committee of the council; and

• (b) in the case of a committee, to—

• (i) any constituent principal council;

• (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

• (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

• (c) in the case of a sub-committee, to—

• (i) the committee, or any of the committees, of which it is a sub-committee; and

• (ii) any principal council which falls within paragraph (b) above in relation to that committee.

12

Information relating to a particular individual.

13

Information which is likely to reveal the identity of an individual.

14

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

15

Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Part II — Qualifications

1

Information relating to a person of a description specified in any of paragraphs 1 to 5 of Part I above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

2

Information falling within paragraph 7 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

• (a) the Companies Act1985;

• (b) the Friendly Societies Act1974;

• (c) the Industrial and Provident Societies Acts 1965 to 1978;

• (d) the Building Societies Act 1986; or

• (e) the Charities Act1960.

3

Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.

4

Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5

Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6

Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

7

Information falling within any paragraph of Part I above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 (S.I. 1992 No. 1492).

Part III — Interpretation

1

• (1) In this Schedule—

• “child” means a person under the age of eighteen years and any person who has attained that age and—

• (a) is registered as a pupil at a school; or

• (b) is the subject of a care order, within the meaning of section 20 of the Children and Young Persons Act 1969section 31 of the Children Act 1989;

• “disposal”, in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—

• (a) any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

• (b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

• “office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

• “protected informant” means a person giving the authority information which tends to show that—

• (a) a criminal offence,

• (b) a breach of statutory duty,

• (c) a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990, or

• (d) a nuisance,

has been, is being or is about to be committed;

• “registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any building society (within the meaning of that Act);

• “tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the Local Government, Planning and Land Act1980 (estimated cost of carrying out functional work by direct labour).

• (2) Any reference in this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

• (a) in the case of a principal council, to any committee or sub-committee of the council; and

• (b) in the case of a committee, to—

• (i) any constituent principal council;

• (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

• (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

• (c) in the case of a sub-committee, to—

• (i) the committee, or any of the committees, of which it is a sub-committee; and

• (ii) any principal council which falls within paragraph (b) above in relation to that committee.

SCHEDULE 12B

1

This Schedule has effect to determine for the purposes of section 137(4)(a) above the sum that is for the time being appropriate to a local authority.

2

The sum appropriate to the local authority for the financial year in which section 118 of the Local Government Act 2003 comes into force is £5.00.

3

• (1) For each subsequent financial year, the sum appropriate to the local authority is the greater of the sum appropriate to the authority for the financial year preceding the year concerned and the sum produced by the following formula—

$A×BC$

• (2) A is the sum appropriate to the local authority for the financial year preceding the year concerned.

• (3) B is the retail prices index for September of the financial year preceding the year concerned.

• (4) C is the retail prices index for September of the financial year which precedes that preceding the year concerned except where sub-paragraph (5) below applies.

• (5) Where the base month for the retail prices index for September of the financial year mentioned in sub-paragraph (4) above (the first year) differs from that for the index for September of the financial year mentioned in sub-paragraph (3) above (the second year), C is the figure which the Secretary of State calculates would have been the retail prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year.

• (6) References in sub-paragraphs (3) to (5) above to the retail prices index are to the general index of retail prices (for all items) published by the Statistics Board .

• (7) If that index is not published for a month for which it is relevant for the purposes of any of those sub-paragraphs, the sub-paragraph shall be taken to refer to any substituted index or index figures published by the Board .

• (8) For the purposes of sub-paragraph (5) above, the base month for the retail prices index for September of a particular year is the month—

• (a) for which the retail prices index is taken to be 100, and

• (b) by reference to which the index for the September in question is calculated.

• (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.

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