LegalizeReform history
Local Government Act 1972
100 versions
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Local Government Act 1972
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Local Government Act 1972
2023-12-26
Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
2023-04-01
Local Government Act 1972
2022-07-15
Local Government Act 1972
2022-06-28
Local Government Act 1972
2022-05-05
Local Government Act 1972
2022-04-28
Local Government Act 1972
2022-04-21
Local Government Act 1972
2022-03-25
Local Government Act 1972
2022-03-18
Local Government Act 1972
2022-01-01
Local Government Act 1972
2021-12-03
Local Government Act 1972
2021-10-29
Local Government Act 1972
2021-05-01
Local Government Act 1972
2021-03-20
Local Government Act 1972
2021-02-17
Local Government Act 1972
2021-01-30
Local Government Act 1972
2021-01-21
Local Government Act 1972
2020-12-04
Local Government Act 1972
2020-10-15
Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
2020-05-21
Local Government Act 1972
2020-05-08
Local Government Act 1972
2020-04-22
Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
2020-02-14
Local Government Act 1972
2019-11-06
Local Government Act 1972
2019-05-23
Local Government Act 1972
2019-01-07
Local Government Act 1972
2018-11-29
Local Government Act 1972
2018-11-26
Local Government Act 1972
2018-11-02
Local Government Act 1972
2018-05-31
Local Government Act 1972
2018-05-26
Local Government Act 1972
2018-05-25
Local Government Act 1972
2018-05-24
Local Government Act 1972
2018-04-01
Local Government Act 1972
2018-03-15
Local Government Act 1972
2018-01-02
Local Government Act 1972
2017-11-30
Local Government Act 1972
2017-05-16
Local Government Act 1972
2017-05-08
Local Government Act 1972
2017-03-31
Local Government Act 1972
2017-03-27
Local Government Act 1972
Changes on 2017-03-27
@@ -4,7 +4,7 @@
### New local government areas
#### New local government areas in England.
#### Constitution of principal councils in England.
##### 1
@@ -312,7 +312,7 @@
- (b) in the case of separation of one or more parishes from the group, each parish that is separated.
#### Provision supplementary to sections 9 to 11.
#### Parishes: alternative styles
##### 12
@@ -1202,7 +1202,7 @@
### Qualifications and disqualifications
#### Consultation with community councils.
#### Principal council's response to a community poll
##### 79
@@ -1282,7 +1282,7 @@
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local Government Boundary Commission for Wales.
##### 81
@@ -2703,7 +2703,7 @@
### Premises and contracts
#### Principal councils to publish additional information.
#### Supplemental provisions and offences.
##### 132
@@ -3173,3757 +3173,3757 @@
### Expenses and receipts
#### Application to new authorities, Common Council, etc.
##### 147
##### 148
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The council of each county shall keep a fund to be known as the county fund . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) All receipts of a county council shall be carried to the county fund, and all liabilities falling to be discharged by that council shall be discharged out of that fund.
- (5) Accounts shall be kept of receipts carried to, and payments made out of,
- (a) the county fund, in the case of a county, and
- (b) the collection fund and the general fund established under sections 89 and 91 of the Local Government Finance Act 1988, in the case of a district or London borough;
, and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area.
- (5A) Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992.
- (5B) For any financial year for which the council for a county is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county.
- (6) This section does not apply in relation to a Welsh county council or county borough council.
##### 149
##### 150
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In a parish having a separate parish council or in a community having a council, whether separate or common, the expenses of the parish meeting or any community meeting shall be paid by the parish or community council.
- (3) In a community not having a community council, whether separate or common, the expenses of any community meeting shall be paid by the council of the principal area in which the community is situated.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Every parish or community council and the chairman of the parish meeting for a parish not having a separate parish council shall keep such accounts as may be prescribed of the receipts and payments of the council or parish meeting, as the case may be.
- (7) References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish or community meeting.
##### 151
Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.
##### 152
Nothing in sections 147 to 150 above shall be construed as requiring or authorising a local authority to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.
##### 153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 154–167
### Miscellaneous provisions as to finance and rating
##### 168
- (1) Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,—
- (a) of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting;
- (b) in the case of any billing authority—
- (i) of the amount payable to the authority by way of council tax and non-domestic rates; and
- (ii) of the amount paid to any other authority in pursuance of a precept or levy.
- (2) Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.
- (3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter.
- (4) The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament.
- (5) In this section “*local authority*” means—
- (a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;
- (aa) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
- (b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ; . . .
- (c) a body as regards which section 75 of that Act applies
##### 169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 170
##### 171
##### 172
. . . Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.
### Allowances to members of local authorities and other bodies
##### 173
- (1) Subject to subsection (6) below, any member of a parish or community council who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the parish or community council may determine unless a notice under section 173A below is effective in relation to him.
- (2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.
- (3) The amount of any allowance determined by a parish or community council under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the council entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
- (4) Subject to subsection (6) below, any member of a parish or community council who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.
##### 173A
- (1) If a councillor gives notice in writing to the parish or community council of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.
- (2) A notice under this section is referred to in this section as a “*financial loss allowance notice*”.
- (3) If a councillor gives a financial loss allowance notice to the parish or community council not later than the end of the period of one month beginning with the day of his election as a member of the councilthen, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.
- (4) If a councillor gives a financial loss allowance notice to the parish or community council otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.
- (4A) If a councillor who has given a parish or community council a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.
##### 174
- (1) Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.
- (2) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 175
- (1) The following bodies, that is to say—
- (a) any local authority;
- (b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;
may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.
- (1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—
- (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
- (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;
and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.
- (2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.
- (3) In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.
- (3B) In relation to an economic prosperity board, a combined authority or anybody which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—
- (a) to the functions of the body; or
- (b) to any functions of local authorities in which the body has an interest.
- (4) In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.
##### 176
- (1) Subject to subsection (2) below, a local authority may—
- (a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
- (b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.
- (2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.
- (3) In this section “*local authority*” includes a joint authority, an economic prosperity board, and a combined authority....... . .
##### 177
- (1) ... sections 174 and 175 above apply—
- (a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—
- (i) the Common Council;
- (ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and
- (iii) without prejudice to section 265 below, the Council of the Isles of Scilly;
- (b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and
- (c) to any parish or community council.
- (1A) Subsection (1) has effect without prejudice to the operation of—
- (a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ba) regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);
and
- (c) regulations made by virtue of section 52(6) of that Act (allowances for exclusion appeal panels: Wales); and.
- (2) In sections 173 to 176 above “*approved duty*”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) For the purposes of sections 173 to 176 above ... a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.
- (4) Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 177A
##### 178
- (1) The Secretary of State may make regulations as to the manner in which sections 173 to 176 . . . above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—
- (a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
- (b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
- (c) providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.
- (2) A statutory instrument containing regulations under section 173 or 177 above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
## Part IX — Functions
### General
##### 179
- (1) Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—
- (a) public general Acts passed before, or during the same session as, this Act; and
- (b) instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;
and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.
- (2) In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.
- (3) In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.
- (4) In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—
- (a) as respects England, as a reference to a parish or, as the case may be, its council or meeting; and
- (b) as respects Wales, as a reference to a community or, as the case may be, its council, if any.
### The environment
##### 180
- (1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—
- (a) for a district, be the district council;
- (b) for a London borough, be the borough council;
- (c) for the City, be the Common Council;
- (d) for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;
- (e) for a Welsh county or county borough, be the county council or county borough council;
but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.
- (2) The Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.
- (3) This section applies to the following enactments:—
- (a) the Public Health Acts 1875 to 1925;
- (b) the Alkali, &c. Works Regulation Act 1906;
- (c) the Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;
- (d) section 8 of the Local Government (Miscellaneous Provisions) Act 1953;
- (e) Part XIII of the Mines and Quarries Act 1954;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) section 1 of the Noise Abatement Act 1960;
- (h) the Public Health Act 1961, except so much of it as falls within section 181(2) below;
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (k) section 6 of the Chronically Sick and Disabled Persons Act 1970.
- (4) Expressions used in this section and Schedule 14 to this Act and in the Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.
##### 181
- (1) For the purposes of the following enactments, that is to say—
- (a) Part IV of the Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;
- (b) the Rural Water Supplies and Sewerage Act 1944, so far as relating to water;
- (c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953;
- (d) the Water Acts 1945 and 1948 and the Water Act 1958;
the local authority shall, for any district, be the district council, and for any London borough, be the borough council and for any principal area in Wales, be the principal council.
- (2) For the purposes of the following enactments, that is to say—
- (a) sections 15, 17–24, 27, 29–34, 36 and 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;
- (b) the Public Health (Drainage of Trade Premises) Act 1937;
- (c) the Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;
- (d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953;
- (e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961;
the local authority shall for any area outside Greater London be the district council.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—
- (a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or
- (b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.
- (10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.
- (11) In this section—
- “*sewerage functions*” means functions under any of the enactments mentioned in subsection (2) above; and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 182
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In that Schedule—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 183
##### 184
- (1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall—
- (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and
- (b) as respects Wales, be exercisable in accordance with subsections (7) and (8) below.
- (2) The following of the said functions, that is to say those conferred by—
- (a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and
- (b) sections 12(5), 13 and 14 of the said Act of 1968;
shall, subject to subsection (3) below . . ., be functions of the county planning authority.
- (3) The functions of a local planning authority under section 9 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.
- (4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, . . ., be exercisable both by county planning authorities and district planning authorities.
- (5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.
- (8) In that Schedule “*the 1949 Act*” and “*the 1968 Act*” mean the said Acts of 1949 and 1968 respectively.
##### 185
- (1) In the Town Development Act 1952 (in this section referred to as “*the principal Act*”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—
- (a) amendments consequential on this Part of this Act, and
- (b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).
- (5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.
#### Exempt information and power to vary Schedule 12A.
##### 147
##### 148
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The council of each county shall keep a fund to be known as the county fund . . .
##### 186
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) All receipts of a county council shall be carried to the county fund, and all liabilities falling to be discharged by that council shall be discharged out of that fund.
- (5) Accounts shall be kept of receipts carried to, and payments made out of,
- (a) the county fund, in the case of a county, and
- (b) the collection fund and the general fund established under sections 89 and 91 of the Local Government Finance Act 1988, in the case of a district or London borough;
, and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area.
- (5A) Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992.
- (5B) For any financial year for which the council for a county is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county.
- (6) This section does not apply in relation to a Welsh county council or county borough council.
##### 149
##### 150
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—
- (a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and
- (b) may, if they think fit, determine that any such charges shall no longer be made;
and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.
- (7) In subsection (6) above, “*local authority*” includes any existing county borough or county district council and the Common Council.
##### 187
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In a parish having a separate parish council or in a community having a council, whether separate or common, the expenses of the parish meeting or any community meeting shall be paid by the parish or community council.
- (3) In a community not having a community council, whether separate or common, the expenses of any community meeting shall be paid by the council of the principal area in which the community is situated.
- (3) With respect to footpaths , bridleways and restricted byways within their area a district council or, where they are not the highway authority, a Welsh principal council shall have—
- (a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) “Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 188
##### 189
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—
- (a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;
- (b) with respect to a green or land in a community where there is a community council, as references to the community council;
- (c) with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated;
and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area.
- (4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.
#### Interpretation and application of Part VA.
##### 190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accountability of officers.
##### 191
- (1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as “*the 1841 Act*”) shall have effect subject to the following modifications.
- (2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council (or, in Wales, a principal council) and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) References, in whatever terms, in the 1841 Act—
- (a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require or, in Wales, the principal council), and
- (b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require (or, in Wales, the principal council).
- (5) . . . References in that Act to a county include references to any preserved county or local government area within the meaning of this Act.
### Education, social and welfare services
##### 192
##### 193
##### 195
- (1) Outside Greater London, the local authorities for the purposes of the Local Authority Social Services Act 1970 (in this section referred to as “*the Act of 1970*”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.
- (2) In a non-metropolitan county in England each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.
- (3) The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—
- (a) proposals approved under section 20 of the National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and
- (b) schemes approved under section 34 of the National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),
shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, . . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.
- (4) Any delegation scheme under section 46 of the Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.
- (5) Any scheme or regional plan made by a children’s regional planning committee under the Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.
- (6) The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—
- (a) to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and
- (b) to give effect to subsection (3) above, as it affects those authorities.
- (7) In section 64(1) of the National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.
### Miscellaneous functions
#### Powers of principal councils with respect to emergencies or disasters.
##### 196
##### 197
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In section 10 of the Fire Services Act 1947, as amended by Schedule 8 to the Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”. . .
#### Principal councils’ funds and accounts.
##### 198
##### 200
##### 201
##### 202
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . ., Part II of the Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—
- (a) to assimilate in certain respects the provisions of the said Part II to those of Part II of the Transport (London) Act 1969;
- (b) to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and
- (c) to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Expressions used in this section have the same meanings as in the Transport Act 1968.
##### 203
##### 204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disposal of land held by parishes and communities.
##### 205
##### 206
The local authorities for the purposes of the Public Libraries and Museums Act 1964 in England shall be county councils, . . ., London borough councils, district councils, the Common Council and the Council of the Isles of Scilly and, subject to the provisions of section 5 of that Act, each of the following authorities, that is to say—
- (a) the council of a non-metropolitan county;
- (b) the council of a London borough and the Common Council;
- (c) the council of a metropolitan district;
shall be a library authority for those purposes.
##### 207
##### 208
- (1) It shall not be necessary for any local authority within the meaning of the Public Libraries and Museums Act 1964 to obtain the consent of the Secretary of State to the provision of a museum or art gallery under section 12(1) of that Act or to the transfer of a museum or art gallery and its collections under section 12(2) of that Act, or to apply for an order under section 15(2) of that Act for the purpose of amalgamating a fund established under that section with a similar fund maintained under a local Act, and accordingly in the said section 15(2) for the words after “aforesaid” there shall be substituted the words “ it may amalgamate the funds, but without prejudice to the effect of any condition attached to any particular gift received by the authority ”.
- (2) The powers conferred by section 14 of the said Act of 1964 (contributions to expenses of museums and art galleries) on certain local authorities shall be exercisable by every local authority within the meaning of that Act, whether or not a library authority or maintaining a museum or art gallery.
- (3) The following additional amendments shall be made in the said Act of 1964—
- (a) in section 4(2)(a), after the word “council” there shall be inserted the words “ in Wales ”;
- (b) in sections 5(3), 6(5) and (6), 10(2), 11(2) and 21, for the words “non-county borough or urban district”, wherever occurring, there shall be substituted the words “ district in Wales ”;
- (c) in the proviso to section 5(3), for the words from “at the request” to “40,000” there shall be substituted the words “ if the Secretary of State thinks fit ”;
- (d) in section 6(6), after the word “above” there shall be inserted the words “ or under section 207 of the Local Government Act 1972 ”;
- (e) in section 6(7), for the words from the beginning to “above he” there shall be substituted the words “ Where the council of a district in Wales are constituted a library authority under section 207 of the Local Government Act 1972, the Secretary of State ”, and for the words “approved council” there shall be substituted the words “ council so constituted ”;
- (f) in section 11(2), the reference to section 60(2) of the Local Government Act 1958 shall be construed as a reference to section 255 below ;
- (g) in section 15(1), after the word “maintaining” there shall be inserted the words “ or proposing to provide ” and for the words from “for the time being” onwards there shall be substituted the words “ which the authority maintains or proposes to provide under that section ” ;
- (h) in section 16, for the words “local authority” there shall be substituted the words “ library authority ”;
- (i) in section 21, in subsections (1) and (3) after the words “county council” there shall be inserted the words “ in Wales ” and in subsection (1) the words from “and expenses” onwards shall cease to have effect;
- (j) in section 24(1), for the words “this Act” there shall be substituted the words “ the provisions of this Act relating to libraries ” and for the word “county” there shall be substituted the words “ non-metropolitan county ”;
- (k) in Schedule 2, in paragraph 2(1), the words from “but except” onwards shall cease to have effect.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 209
##### 210
- (1) Where, immediately before 1st April 1974, any property is held, as sole trustee, exclusively for charitable purposes by an existing local authority for an area outside Greater London, other than the parish council, parish meeting or representative body of an existing rural parish in England (but including the corporation of a borough included in a rural district), that property shall vest (on the same trusts) in a new local authority in accordance with subsections (2) to (5) below.
- (2) Subject to subsection (3) below, where the property is held by one of the existing authorities specified below, and is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority specified below, the area of which comprises the whole or the greater part of that specified area, and where the property is so held but is not held for such a benefit, it shall vest in the new authority specified below, the area of which comprises the whole or the greater part of the area of the existing authority, that is to say—
- (a) where the existing authority is a county council, the new authority is the council of the new county;
- (b) where the existing authority is the council of a borough or urban district in England, the new authority is the council of the parish constituted under Part V of Schedule 1 to this Act or, where there is no such parish, the council of the district;
- (c) where the existing authority is the council of a borough or urban district in Wales, the new authority is the council of the community or, where there is no such council, the council of the district; and
- (d) where the existing authority is a rural district council, then, if the rural district is coextensive with a parish, the new authority is the parish council, and in any other case the new authority is the council of the district.
- (3) Where the property is held by an existing county council or county borough council for the purposes of a charity registered in the register established under section 4 of the Charities Act 1960 in any part of that register which is maintained by the Secretary of State by virtue of section 2 of that Act (educational charities) then—
- (a) if the property is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority which is the local education authority for the whole or the greater part of that specified area, and
- (b) in any other case, the property shall vest in the new authority which is the local education authority for the whole or the greater part of the area of the existing county council or county borough council by which the property is held.
- (4) Where the property is held by the corporation of a borough included in a rural district, it shall vest in the parish council for the parish consisting of the area of the existing borough.
- (5) Where the property is held by the parish council, parish meeting or representative body of an existing rural parish in Wales, then—
- (a) in the case of property held by an existing parish council, the property shall vest in the community council for the community or group of communities, the area or areas of which are co-extensive with the area of the parish or parishes for which the existing parish council act;
- (b) in the case of property held by the parish meeting or representative body of an existing parish the area of which is comprised in a community for which there is a community council, the property shall vest in that community council; and
- (c) in any other case, the property shall vest in the council of the district which comprises the area of the existing rural parish.
- (6) Where, immediately before 1st April 1974, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, any existing local authority to which subsection (1) above applies, that power shall vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper office of, the corresponding new authority, that is to say, the new authority in which, had the property of the charity been vested in the existing local authority, that property would have been vested under subsections (1) to (5) above.
- (7) References in subsection (6) above to a power with respect to a charity do not include references to a power of any person by virtue of being a charity trustee thereof; but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before 1st April 1974 include either an existing local authority to which subsection (1) above applies or the holder of an office connected with such an existing local authority, those trustees shall instead include the corresponding new authority as defined in subsection (6) above or, as the case may require, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that authority.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Nothing in the foregoing provisions of this section shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity and nothing in those provisions shall apply in a case to which section 211 below applies.
- (11) In this section the expression “*local authority*”, in relation to a parish, includes a parish meeting and the representative body of a parish, and the expressions “*charitable purposes*”, “*charity*”, “*charity trustees*”, “*court*” and “*trusts*” have the same meanings as in the Charities Act 1960.
##### 211
- (1) Any property which, immediately before 1st April 1974, is vested in the council of an existing county or county borough in Wales and is required to be applied in accordance with a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes) shall be vested, by virtue of this Act, in the council of the new county which comprises the whole or the greater part of the area of that existing county or county borough.
- (2) Where, by virtue of subsection (1) above, property vested in the council of an existing county becomes vested in the council of a new county which does not comprise the whole of the area of the existing county, the new county council shall transfer an apportioned part of the property to each of the other new county councils whose areas include parts of the area of the existing county.
- (3) An apportionment for the purposes of subsection (2) above shall be made by agreement between the new county councils concerned, or, in default of such an agreement, shall be determined by arbitration before a single arbitrator appointed by agreement between those councils or, in default of such an agreement, appointed by the Secretary of State.
- (4) The vesting or transfer of any property by virtue of this section shall not affect the application of the property in accordance with the scheme under section 19 of the Welsh Church Act 1914 which is applicable to it immediately before 1st April 1974 or the amendment or revocation of any such scheme by a further scheme under that section.
##### 212
##### 213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Service of notices by local authorities.
##### 214
- (1) The following authorities, that is to say, the councils of Welsh counties, county boroughs districts, London boroughs, parishes and communities, the Common Council and the parish meetings of parishes having no parish council, whether separate or common, shall be burial authorities for the purposes of, and have the functions given to them by, the following provisions of this section and Schedule 26 to this Act; and—
- (a) the powers conferred by the Burial Acts 1852 to 1906 to provide burial grounds shall cease to be exercisable; and
- (b) any existing burial board, joint burial board or joint committee with the powers of such a board established under the Burial Act 1852 or section 53(2) of the Local Government Act 1894 or by any local statutory provision shall cease to exist.
- (2) Burial authorities may provide and maintain cemeteries whether in or outside their area.
- (3) The Secretary of State may by order make provision with respect to the management, regulation and control of the cemeteries of burial authorities and any such order may—
- (a) impose a fine for any contravention of the order; and
- (b) contain such provision amending or repealing any enactment (including any enactment in Schedule 26 to this Act) or revoking any instrument made under any enactment as appears to the Secretary of State to be necessary or proper in consequence of the order.
- (4) An order under this section may only be made after consultation with associations appearing to the Secretary of State to be representative of local authorities and with other bodies appearing to him to be concerned, and any such order shall be of no effect unless approved by a resolution of each House of Parliament.
- (5) A burial authority within the meaning of this section, other than a parish meeting, shall also be a burial authority for the purposes of the Cremation Acts 1902 and 1952.
- (6) A burial authority may contribute towards any expenses incurred by any other person in providing or maintaining a cemetery in which the inhabitants of the authority’s area may be buried.
- (7) Schedule 26 to this Act shall have effect with respect to the exercise of functions of burial authorities and the management of cemeteries and crematoria and for making amendments and modifications of the enactments relating to cemeteries and crematoria.
- (8) In this section and that Schedule “*cemetery*” includes a burial ground or any other place for the interment of the dead (including any part of any such place set aside for the interment of a dead person’s ashes).
##### 215
- (1) Subject to subsection (2) below, where outside the area subject to the Welsh Church Act 1914 a churchyard has been closed by an Order in Council, the parochial church council shall maintain it by keeping it in decent order and its walls and fences in good repair.
- (2) A parochial church council which is liable under subsection (1) above to maintain a closed churchyard may—
- (a) if the churchyard is in a parish or community having a separate parish or community council, serve a written request on that council to take over the maintenance of the churchyard;
- (b) if the churchyard is in a parish not having a separate parish council, serve such a request on the chairman of the parish meeting;
- (c) if the churchyard is in a community not having a separate community council, serve such a request on the council of the county or county borough in which the community is situated; or
- (d) if the churchyard is in England elsewhere than the City and the Temples and is not in any parish, serve such a request on the council of the district or London borough in which the churchyard is situated;
and, subject to subsection (3) below, the maintenance of the churchyard shall be taken over by the authority on whom the request is served or the parish meeting, as the case may be, three months after service of the request.
- (3) If, pursuant to subsection (2) above, a request is served on a parish or community council or the chairman of a parish meeting and, if that council or meeting so resolve and, before the expiration of the said three months, give written notice of the resolution to the council of the district, Welsh county or (as the case may be) county borough and to the parochial church council maintaining the churchyard, the local authority to whom the notice is given , and not the parish or community council or parish meeting, shall take over the maintenance of the churchyard at the expiration of the said three months.
- (4) Where before the passing of this Act a church council established under the constitution of the Church in Wales, in purported exercise of the powers conferred by section 18 of the Burial Act 1855 (maintenance of closed churchyard payable out of rates), issued a certificate with respect to a closed churchyard to a local authority, and that authority thereupon took over the maintenance of the churchyard, the authority’s action shall be deemed to have been lawful for all purposes, and the authority for the time being responsible for the maintenance of the churchyard shall have the like duty with respect to its maintenance as a parochial church council elsewhere than the area subject to the Welsh Church Act 1914.
- (5) In subsection (1) above, “*the area subject to the Welsh Church Act 1914*” means the area in which the Church of England was disestablished by that Act.
## Part X — Judicial and Related Matters
##### 216
- (1) For the purposes of commissions of the peace and the law relating to justices of the peace, magistrates’ courts, the custos rotulorum, lieutenants, sheriffs and matters connected with any of those matters, new counties shall, without prejudice to section 179(1) above, be substituted for counties of any other description.
- (2) For the purposes of this section and sections . . . , 218 and 219 below the Isles of Scilly shall be deemed to form part of the county of Cornwall.
##### 217
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Every parish or community council and the chairman of the parish meeting for a parish not having a separate parish council shall keep such accounts as may be prescribed of the receipts and payments of the council or parish meeting, as the case may be.
- (7) References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish or community meeting.
##### 151
Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.
##### 152
Nothing in sections 147 to 150 above shall be construed as requiring or authorising a local authority to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.
##### 153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 154–167
### Miscellaneous provisions as to finance and rating
##### 168
- (1) Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,—
- (a) of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting;
- (b) in the case of any billing authority—
- (i) of the amount payable to the authority by way of council tax and non-domestic rates; and
- (ii) of the amount paid to any other authority in pursuance of a precept or levy.
- (2) Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.
- (3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter.
- (4) The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament.
- (5) In this section “*local authority*” means—
- (a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;
- (aa) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
- (b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ; . . .
- (c) a body as regards which section 75 of that Act applies
##### 169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 170
##### 171
##### 172
. . . Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.
### Allowances to members of local authorities and other bodies
##### 173
- (1) Subject to subsection (6) below, any member of a parish or community council who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the parish or community council may determine unless a notice under section 173A below is effective in relation to him.
- (2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.
- (3) The amount of any allowance determined by a parish or community council under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the council entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
- (4) Subject to subsection (6) below, any member of a parish or community council who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 218
##### 219
- (1) Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The rights of Her Majesty in right of the Duchy of Lancaster in relation to the appointment of high sheriffs shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire . . ..
- (4) The Lord Chancellor may by order prescribe the area for which each under-sheriff is to act.
- (5) Where the area for which an under-sheriff acts is situated in two or more counties, the duty imposed by section 23 of the Sheriffs Act 1887 of appointing the under-sheriff for that area shall be discharged by the high sheriff of the county containing the greater part of that area, after consulting any other high sheriff concerned, and if any question arises as to which county contains the greater part of an under-sheriff’s area, it shall be determined by the Lord Chancellor.
References in this subsection to a county include references both to Greater London and to the City (including the Temples).
- (6) An under-sheriff shall as respects the area for which he acts be treated as the high sheriff’s deputy for the purpose of all the high sheriff’s functions, except his functions as returning officer at parliamentary elections.
- (7) No privileges or duties of a sheriff shall be exercisable . . . by the bailiff of a franchise.
- (8) In this section “county” has the same meaning as in the Sheriffs Act 1887 and“*Greater London*” does not include the City or the Temples.
- (9) In subsections (1) and (5) above “*county*”, in relation to Wales, means a preserved county.
##### 220
##### 221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## Part XI — General Provisions as to Local Authorities
### Legal proceedings
##### 222
- (1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—
- (a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and
- (b) they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.
- (2) In this section “*local authority*” includes the Common Council and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire and Emergency Planning Authority and the London Fire Commissioner.
##### 223
- (1) Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates’ court shall be entitled to prosecute or defend or to appear in any such proceedings, and, to conduct any such proceedings.
- (2) In this section “*local authority*” includes the Common Council , a joint authority, an economic prosperity board, a combined authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... the Greater London Authorityand, a police and crime commissioner and the Mayor's Office for Policing and Crime . . .. . ..
### Documents and notices, etc.
##### 224
- (1) Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county, a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.
- (2) This section applies to a joint authority , economic prosperity board or combined authority ... as it applies to a principal council.
- (3) In subsection (1) above “*county*”, in relation to Wales, means a preserved county.
##### 225
- (1) In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.
- (2) All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the principal council.
- (3) In this section “*local authority*” includes a joint authority , an economic prosperity board and a combined authority
##### 226
- (1) All specified papers of a parish or community shall—
- (a) in the case of a parish which is co-extensive with an existing rural parish, remain in the same custody as before 1st April 1974; and
- (b) in the case of any other parish or any community, be in the custody of the body to which the documents of that area, other than documents of a specified class, are transferred on that date;
but the parish or community council or, in the case of a parish or community not having a separate parish or community council, the parish meeting in England or the principal council in Wales may direct that any such papers shall be deposited in such custody as may be specified in the direction.
- (2) Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the Local Government Act 1894, or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.
- (3) Any person having the custody of any documents mentioned in subsection (2) above shall have reasonable access to the papers mentioned in subsection (1) above and—
- (a) in a parish or community having a separate parish or community council, that council;
- (b) in any other parish, the parish meeting;
- (c) in any other community, the principal council; and
- (d) in any area in England not falling within paragraph (a) or (b) above, the district council, London borough council or Common Council, as the case may be;
shall have reasonable access to the documents mentioned in subsection (2) above.
- (4) Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in Wales or in a metropolitan district, London borough or the City, be determined by the Secretary of State and in any other case by the county council.
- (5) The council of every county or metropolitan district shall from time to time enquire into the manner in which specified papers under the control of a parish . . . or parish meeting in their area are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish . . . or parish meeting.
- (6) Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council.
##### 227
- (1) In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish . . . is situated or the council of the principal area in which the community is situated, shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.
- (2) In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish . . . is situated or the council of the principal area in which the community is situated shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.
##### 228
- (1) The minutes of proceedings of a parish or community council shall be open to the inspection of any local government elector for the area of the the council and any such local government elector may make a copy of or extract from the minutes.
- (2) A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.
- (3) The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.
- (6) A document directed by this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.
- (7) If a person having the custody of any such document—
- (a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
- (b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
- (7A) This section shall apply to the minutes of proceedings and the accounts of a joint authority , an economic prosperity board, or a combined authority.... . . . . . as if that authority were a local authority and as if, . . ., references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.
- (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a parish council.
- (9) In relation to the Broads Authority, the references in this section to a local government elector for the area of the authority shall be construed as references to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.
##### 229
- (1) Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.
- (2) Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.
- (3) Subsection (1) above shall not apply to any document deposited with a local authority under the Public Records Act 1958.
- (4) In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.
- (5) A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.
- (6) The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.
- (7) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.
- (8) In this section “*court*” and “*legal proceedings*” have the same meanings as in the Civil Evidence Act 1968 and “*local authority*” includes a joint authority, an economic prosperity board, a combined authority... , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . .
##### 230
- (1) Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.
- (2) In this section “*local authority*” includes a joint authority , an economic prosperity board and a combined authority . . ..
##### 231
- (1) Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.
- (2) Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.
- (3) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.
- (4) In this section “*local authority*” includes a joint authority, an economic prosperity board, a combined authority... , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
##### 232
- (1) Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—
- (a) by posting the notice in some conspicuous place or places within the area of the local authority; and
- (b) in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.
- (1ZA) A public notice given by a community council must, in addition to the requirements imposed by subsection (1), be published electronically.
- (1A) In subsection (1) above “*local authority*” includes a joint authority, an economic prosperity board, a combined authority... , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
- (2) This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.
##### 233
- (1) Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.
- (2) Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
- (3) Any such document may—
- (a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;
- (b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.
- (4) For the purposes of this section and of section 26 of the Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—
- (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
- (b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
- (5) If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the Interpretation Act 1889 as his proper address.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
- (8) This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.
- (9) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.
- (10) Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.
- (11) In this section “*local authority*” includes a joint authority, an economic prosperity board, a combined authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... , a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
##### 234
- (1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.
- (2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.
In this subsection the word “*signature*” includes a facsimile of a signature by whatever process reproduced.
- (3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
- (4) In this section “*local authority*” includes a joint authority, an economic prosperity board, a combined authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... , a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
### Byelaws
##### 235
- (1) The council of a district ... and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district ... or borough, as the case may be, and for the prevention and suppression of nuisances therein.
- (2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
- (2A) Subsection (2) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
- (3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
##### 236
- (1) Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority in England under this Act and to byelaws made by a local authority in England, the Greater London Authority, Transport for London, an Integrated Transport Authority for an integrated transport area in England or a combined authority under any other enactment and conferring on the authority a power to make byelaws and for which specific provision is not otherwise made.
- (2) This section shall not apply to
- (a) byelaws of a class prescribed by regulations under section 236A, or
- (b) byelaws made . . . by the Civil Aviation Authority under section 29 of the Civil Aviation Act 1982.
- (3) Subject to subsection (3A) below, the byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish ... council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.
- (3A) Byelaws made by the Greater London Authority shall be made under the hand of the Mayor and shall not have effect until they are confirmed by the confirming authority.
- (4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.
- (5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.
- (6) The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.
- (7) The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.
- (8) A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.
- (9) The proper officer of a district council ... shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish ... to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish ... council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish ....
A copy so deposited shall at all reasonable hours be open to public inspection without payment.
- (10) The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.
- (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10B) The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.
- (10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to—
- (a) the Mayor of London;
- (b) each London Borough Council; and
- (c) the Common Council.
- (11) In this section the expression “*the confirming authority*” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.
##### 236A
- (1) The Secretary of State may, in relation to England, by regulations—
- (a) prescribe classes of byelaws to which section 236 does not apply, and
- (b) make provision about the procedure for the making and coming into force of such byelaws.
- (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
- (a) the enactment under which byelaws are made,
- (b) the subject-matter of byelaws,
- (c) the authority by whom byelaws are made,
- (d) the authority or person by whom byelaws are confirmed.
- (3) The regulations may, in particular, include provision about—
- (a) consultation to be undertaken before a byelaw is made,
- (b) publicising a byelaw after it is made.
- (4) The regulations may make—
- (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
- (b) different provision for different areas, including different provision for different localities and for different authorities.
- (5) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
##### 236B
- (1) This section applies to—
- (a) a local authority;
- (b) the Greater London Authority;
- (c) Transport for London;
- (d) an Integrated Transport Authority for an integrated transport area in England;
- (e) a combined authority.
- (2) Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.
- (3) The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.
- (4) The confirming authority in relation to a byelaw made under this section shall be—
- (a) in relation to a byelaw made by a local authority in Wales, the Welsh Ministers;
- (b) in relation to any other byelaw, the Secretary of State.
- (4A) Subsection (4)(b) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
- (5) The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.
- (6) The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary.
- (7) An order under this section may make—
- (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and
- (b) different provision for different areas, including different provision for different localities and for different authorities.
- (8) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
- (9) Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (10) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
- (11) Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 237
Byelaws to which section 236 above applies and byelaws of a class prescribed by regulations under section 236A may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
##### 237A
- (1) The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.
- (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
- (a) the enactment under which byelaws are made,
- (b) the subject-matter of byelaws,
- (c) the authority by whom byelaws are made,
- (d) the authority or person by whom byelaws are confirmed.
- (3) Where—
- (a) an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or
- (b) an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,
the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.
- (4) A fixed penalty notice under this section is payable to the authority whose officer gave the notice.
- (5) Where a person is given a notice under this section in respect of an offence—
- (a) no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and
- (b) he may not be convicted of the offence if he pays the fixed penalty before the end of that period.
- (6) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.
- (7) A notice under this section must also state—
- (a) the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,
- (b) the amount of the fixed penalty, and
- (c) the person to whom and the address at which the fixed penalty may be paid.
- (8) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.
- (9) Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
- (10) The form of a notice under this section may be specified in regulations under subsection (1).
- (11) In any proceedings a certificate which—
- (a) purports to be signed on behalf of the chief finance officer of an authority, and
- (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
- (12) In this section—
- “*authorised officer*”, in relation to an authority, means—an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, andany employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,
- “*chief finance officer*”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.
- (13) Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.
##### 237B
- (1) The amount of a fixed penalty payable in pursuance of a notice under section 237A is—
- (a) the amount specified by the authority which made the byelaw, or
- (b) if no amount is so specified, £75.
- (2) An authority may specify different amounts in relation to different byelaws.
- (3) The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).
- (4) Regulations under subsection (3) may, in particular—
- (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations,
- (b) restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2).
- (5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
##### 237C
- (1) If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.
- (2) A person commits an offence if—
- (a) he fails to give his name and address when required to do so under subsection (1), or
- (b) he gives a false or inaccurate name or address in response to a requirement under that subsection.
- (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (4) In this section, “*authorised officer*” has the same meaning as in section 237A.
##### 237D
- (1) “*Fixed penalty receipts*” means amounts paid to an authority in pursuance of notices under section 237A.
- (2) The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.
- (3) A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.
##### 237E
An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about—
- (a) procedure for which provision is made by regulations under section 236A(1);
- (b) fixed penalties;
- (c) anything related to the matters mentioned in paragraph (a) or (b).
##### 237F
- (1) Regulations under section 237A or 237B, and an order under section 237B, may make—
- (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
- (b) different provision for different areas, including different provision for different localities and for different authorities.
- (2) A statutory instrument containing—
- (a) regulations under section 237A or 237B which amend or repeal any provision of an Act, or
- (b) an order under section 237B which amends or repeals any provision of an Act,
may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.
- (3) Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 238
The production of a printed copy of a byelaw purporting to be made by a local authority in England, the Greater London Authority, , an Integrated Transport Authority for an integrated transport area in England or a combined authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
- (a) that the byelaw was made by the authority;
- (b) that the copy is a true copy of the byelaw;
- (c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
- (d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
### Miscellaneous provisions
##### 239
- (1) Subject to the provisions of this Act, where a local authority in England, other than a parish council, are satisfied that it is expedient to promote, or any local authority in England are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.
- (2) A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—
- (a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
- (b) in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.
- (3) For the purposes of subsection (2) above the requisite notice is thirty clear days’ notice in the case of promotion of a Bill and ten clear days’ notice in the case of opposition to a Bill.
- (4) The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.
- (4A) The powers conferred on a local authority by sub-section (1) above shall also be exercisable by a joint authority , an economic prosperity board and a combined authority . . ..
- (5) No payment shall be made by a an authority to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.
##### 240
- (1) Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—
- (a) before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
- (b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;
- (c) the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;
- (d) if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.
- (2) The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.
- (3) Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the Statutory Orders (Special Procedure) Act 1945, the following provisions shall have effect—
- (a) before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
- (b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.
- (4) Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.
- (5) At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.
- (6) The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.
- (7) Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the Statutory Orders (Special Procedure) Act 1945.
##### 241
Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.
##### 242
No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.
##### 243
- (1) Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.
- (2) Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under . . . paragraph 18 or regulations under paragraph 18 or rules under paragraph 34 34 of Schedule 12 to this Act and applies also to sections . . ., 31 and 32 of the Local Government Act 1985.
- (3) Where under subsection (4) below the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day . . . of the poll, . . ..
- (4) In computing any period of time for the purpose of any regulations or rules mentioned in subsection (2) above or for the purposes of . . . 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice . . . of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such regulations or rules, shall not operate to invalidate any act which would have been valid apart from that provision.
- (5) Subsection (4) above, so far as it relates to any such regulations or rules shall have effect subject to the provisions of those regulations or rules.
##### 244
- (1) The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.
- (2) If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.
##### 244A
This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.
## Part XII — Miscellaneous and General
### Status, etc.
##### 245
- (1) If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by the advice of Her Privy Council thinks fit so to do, She may by the charter confer on that district the status of a borough, and thereupon—
- (a) the council of the district shall bear the name of the council of the borough;
- (b) the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.
- (1A) Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive ...
- (2) A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.
- (3) No charter under subsection (1) above shall take effect before 1st April 1974.
- (4) Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—
- (a) the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and
- (b) the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;
those styles may be so used as from 1st April 1974.
- (4A) Where—
- (a) a council are operating executive arrangements which involve a mayor and cabinet executive ...; and
- (b) the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.
- (5) A district which has the status of a borough, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.
- (6) The council of a parish . . . which is not grouped with any other parish . . . may resolve that the parish . . . shall have the status of a town and thereupon—
- (a) the council of the parish . . . shall bear the name of the council of the town;
- (b) the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;
- (c) the parish meeting . . . shall have the style of town meeting.
- (7) A resolution under subsection (6) above shall cease to have effect if the parish . . . to which it relates ceases to exist.
- (7A) A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following—
- (a) an order under section 11;
- (b) a resolution under section 12A;
- (c) an order under section 86 of the Local Government and Public Involvement in Health Act 2007.
- (8) If a parish . . . council which has passed a resolution under subsection (6) above is dissolved without the parish . . . ceasing to exist, the dissolution shall not affect the status of the parish . . . or the application to it of paragraph (c) of that subsection and in England the parish trustees shall have the style of town trustees.
- (9) A parish . . . council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England . . . may resolve that the parish . . . shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish . . ..
- (10) The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.
##### 245A
- (1) Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.
- (2) No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.
- (3) No charter under this section shall take effect before 1st April 1996.
- (4) A county borough which has acquired that status by a charter under this section—
- (a) shall be a county borough; but
- (b) shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.
- (5) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.
##### 245B
- (1) The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.
- (2) Where a community has the status of a town—
- (a) the town council shall have the name of the community with the addition—
- (i) in English, of the words “Town Council”; and
- (ii) in Welsh, of the words “Cyngor Tref”;
- (b) the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and
- (c) the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.
- (3) Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.
- (4) Any such resolution shall cease to have effect if the community to which it relates ceases to exist.
- (5) If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.
- (6) A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.
- (7) On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.
- (8) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.
##### 246
- (1) Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.
- (2) A charter granted by Her Majesty under section 245 above with respect to a district may—
- (a) provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district being powers which are not exercised pursuant to subsection (4) or (5) below by charter trustees, shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;
- (b) provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough for which charter trustees are not constituted pursuant to subsection (4) or (5) below shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;
- (c) contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.
- (2A) Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised.
- (2B) Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate.
- (3) Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.
- (4) Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—
- (a) there shall as from that date be a body corporate by the name of “the Charter Trustees of the City” or “the Charter Trustees of the Town”, as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;
- (b) the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor; and
- (c) any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the charter trustees.
- (5) Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—
- (a) becomes a parish; or
- (b) becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;
the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.
- (6) Subsections (1), and (3) above and any order applying subsection (3) made pursuant to subsection (5) above shall have effect subject to subsection (2A) above, any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) If an area or part of an area for which charter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.
- (9) Where charter trustees have been constituted for an area which is altered by an order under Part 3 of the Local Government (Democracy) (Wales) Act 2013 and subsection (8) does not apply in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.
- (10) The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.
- (11) Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.
- (14) Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.
- (15) Section 168 above, except subsection (5), shall apply in relaton to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.
- (16) Sections 173 to 178 above and (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or community consisting of the area for which they act.
##### 247
- (1) Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 of section 20 above.
- (2) An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.
- (3) Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996.
##### 248
- (1) Subject to the following provisions of this section and Schedule 28A, nothing in this Act shall affect any person’s status, or the right of any person to be admitted, as a freeman of a place which is an existing borough; and in this section and Schedule 28A any such place is referred to as a city or town.
- (1A) Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted.
- (1B) The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born.
- (1C) In subsections (1A) and (1B) “*freeman*” excludes a freeman of the City of London.
- (1D) Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.
- (2) On and after 1st April 1974 the roll of persons admitted to the freedom of a city or town shall be kept by the proper officer of the relevant district council, that is to say, the council of the district which comprises the whole or the greater part of the city or town.
- (3) If at any time on or after 1st April 1974 any person claims to be admitted to the freedom of a city or town, the person's claim for admission shall be examined by the chairman of the relevant district council, as defined in subsection (2) above, and, if the person’s claim is established, the person's name shall be entered on the roll of persons admitted to the freedom of that city or town.
- (4) After 31st March 1974—
- (a) a person admitted to the freedom of a city or town,
- (b) any person who by marriage, descent, employment or otherwise is or has been related to or associated with a person admitted to the freedom of a city or town, and
- (c) any person who is or has been related by marriage to the widow or a child of a person admitted to the freedom of a city or town,
shall have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed on that date by a freeman of that city or town, by a person correspondingly related to or associated with such a freeman or, as the case may be, by a person correspondingly related by marriage to the widow or a child of such a freeman.
- (5) A person who is on 1st April 1974, or becomes thereafter, an inhabitant of a city or town shall, as such, have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed immediately before that date by an inhabitant of that city or town.
- (6) This section shall have effect in relation to Wales as if—
- (a) in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and
- (b) in subsection (2) the reference to the council of the district were a reference to the council of the principal area.
##### 249
- (1) A principal council may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, confer the title of honorary aldermen or honorary alderwomen on persons who have, in the opinion of the council, rendered eminent services to the council as past members of that council, but who are not then members of the council.
- (2) No honorary alderman or honorary alderwoman shall, while serving as a member of the council, be entitled to be addressed as alderman or alderwoman or to attend or take part in any civic ceremonies of the council as an alderman or alderwoman.
- (3) Services rendered to the council of an existing county, county borough, borough or urban or rural district the area of which becomes wholly or partly included in a new county or district shall be treated for the purposes of subsection (1) above as services rendered to the council of the new county or district, as the case may be.
- (4) An honorary alderman or honorary alderwoman of a principal council may attend and take part in such civic ceremonies as the council may from time to time decide, but shall not, as such, have the right—
- (a) to attend meetings of the council or a committee of the council (including a joint committee upon which they are represented); or
- (b) to receive any such allowances or other payments as are payable under sections 173 to 176 above or Part 8 of the Local Government (Wales) Measure 2011.
- (4A) A principal council may spend such reasonable sum as they think fit for the purpose of presenting an address, or a casket containing an address, to a person on whom they have conferred the title of honorary alderman or honorary alderwoman.
- (5) Subject as follows, a relevant authority may admit to be honorary freemen or honorary freewomen of the place or area for which it is the authority—
- (a) persons of distinction, and
- (b) persons who have, in the opinion of the authority, rendered eminent services to that place or area.
- (6) In this section “*relevant authority*” means—
- (a) a principal council;
- (b) a parish or community council;
- (c) charter trustees in England constituted—
- (i) under section 246 of the Local Government Act 1972,
- (ii) by the Charter Trustees Regulations 1996 (SI 1996/263), or
- (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007.
- (7) The power in subsection (5) above is exercisable by resolution of the relevant authority.
- (8) A resolution under subsection (7) above must be passed—
- (a) at a meeting of the relevant authority which is specially convened for the purpose and where notice of the object of the meeting has been given; and
- (b) by not less than two-thirds of the members of the relevant authority (or, in the case of charter trustees, of the trustees) who vote on it.
- (9) A relevant authority may spend such reasonable sum as it thinks fit for the purpose of presenting an address or a casket containing an address to a person on whom the authority has conferred the title of honorary freeman or honorary freewoman under subsection (5) above.
- (10) The admission of a person as honorary freeman or honorary freewoman does not confer on that person any of the rights referred to in section 248(4) above.
### Inquiries
##### 250
- (1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.
- (2) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, . . . :
- (a) no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and
- (b) nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.
- (3) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.
- (4) Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry . . . shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.
- (5) The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.
- (6) This section shall extend to local inquiries held by the Secretary of State under the provisions of the Local Government Act 1929 or the Ferries (Acquisition by Local Authorities) Act 1919.
### General
##### 251
- (1) Part I of Schedule 29 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.
- (2) The enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.
##### 252
- (1) Her Majesty may at any time, in any case where it appears to Her appropriate in consequence of the provisions of this Act, by Order in Council coming into force not earlier than 1st April 1974 make modifications of any enactments contained in any other public general Act passed before that date or any instrument made before that date under any such Act, being an instrument of a legislative character and not being an instrument in the nature of a local enactment, as may appear to Her to be necessary to make that enactment or instrument apply in relation to any particular class of new authority as it applies in relation to any particular class of local authority existing immediately before that date.
- (2) The modifications which may be made by an Order in Council under this section shall be in addition to those made by any other provision of this Act, but shall have effect subject to any such other modification, except those made by section 179 above.
- (3) No Order in Council shall be made under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.
##### 253
- (1) Any functions of any such public body as is specified in subsection (2) below may with their approval be transferred by an order made by the Secretary of State to any local authority whose area comprises the district of that body, or jointly to two or more local authorities whose areas together comprise that district.
- (2) This section applies to the following public bodies, that is to say, any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, or for providing or maintaining a cemetery or market in any place.
- (3) Any order under this section may contain such incidental, consequential, transitional and supplementary provision as may appear to the Secretary of State to be necessary or proper; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) In this section “*local authority*” includes the Common Council.
##### 254
- (1) The Secretary of State or any appropriate Minister may at any time by order make such incidental, consequential, transitional or supplementary provision as may appear to him—
- (a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
- (b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
- (2) An order under this section may in particular include provision—
- (a) with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;
- (b) with respect to the membership of any body so far as that membership consists of persons elected by, or appointed by or on the nomination of, any authority affected by this Act or any two or more bodies who include such an authority;
- (c) for applying with or without modifications, or amending, repealing, or revoking, with or without savings, any provision of an Act passed or an instrument under an Act made before 1st April 1974 and for making savings or additional savings from the effect of any repeal made by this Act;
- (d) for any of the matters specified in section 67 above;
- (e) without prejudice to paragraph (d) above, for dissolving any body corporate established by any Act passed or by any instrument under an Act made before 1st April 1974;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) for treating anything duly done before 1st April 1974 by any authority in the exercise of functions which on and after that date become functions of some other authority as having, from that date, been duly done by that other authority and for treating any instrument made before that date, if or so far as it was made in the exercise of those functions, as continuing in force on and after that date until varied or revoked in the exercise of those functions by that other authority;
- (i) for securing the continued discharge of functions in relation to the Confederation of the Cinque Ports and its courts (including so far as is necessary for that purpose, provision for the constitution of a body to replace any existing corporation), for appropriating property or providing funds for the discharge of functions as aforesaid, and otherwise for securing that anything required or authorised to be done by, to or in relation to the Confederation or any of its courts may continue to be done.
- (3) Subject to subsection (5) below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority outside Greater London in connection with the discharge of any of their functions, that is to say—
- any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,
- any notice or direction given or treated as given by or to such an authority,
- any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,
- any application, proposal or objection made or treated as made by or to such an authority,
- any condition or requirement imposed or treated as imposed by or on such an authority, or
- any appeal allowed by or in favour of or against such an authority,
shall, as from 1st April 1974, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority outside Greater London by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.
- (4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.
- (5) Subsection (3) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.
- (6) Section 68 above shall apply for the purposes of Parts I and II, section 214(1)(b) and this Part of this Act as if any reference to an order under Part IV of this Act included a reference to any provision of Part I or II of this Act or to section 214(1)(b) of this Act or to any provision of any instrument made under Part I or II or this Part of this Act.
- (7) A local authority to whom any charters or insignia of a borough abolished by Part I or II of this Act have been transferred by virtue of subsection (2)(a) above shall if practicable preserve them in the area of the borough as it existed immediately before 1st April 1974.
- (8) An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.
- (9) Any statutory instrument containing any other order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 255
- (1) Any of the following instruments under any of the provisions of this Act, that is to say an order under section 9, 10, 11, 27B, 27D, 27F, 27H, 27J or 27L, regulations or an order under section 67 or an order under section 198, 200, 201 or 254 may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.
- (2) In the case of any person who on 31st March 1974 is in the employment of one or more local authorities who are or include a council or municipal corporation which ceases to exist by virtue of section 1 or 20 above, the Secretary of State shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 1 or 20, that person would apart from the order cease on 1st April 1974 to be in such employment, that person is transferred on 1st April 1974 to the employment of such local authority as may be specified in or determined under the order.
- (3) Any such order or regulations as is or are referred to in subsection (1) or (2) above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—
- (a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and
- (b) the said new terms and conditions are such that—
- (i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
- (ii) the other terms and conditions of his employment,
are not less favourable than those which he enjoyed immediately before the date of transfer.
- (4) Subsections (2) and (3) above shall apply in relation to—
- (a) a police authority,
- (b) a burial board, joint burial board or joint committee which ceases to exist by virtue of section 214 above,
- (c) any prescribed association of local authorities the constituent members of which include councils falling within subsection (2) above, and
- (d) any prescribed association of committees of local authorities the constituent members of which include committees of councils falling within subsection (2) above,
as they apply in relation to a local authority who are a council which ceases to exist by virtue of section 1 or 20 above, but in their application to police authorities shall have effect as if any reference to a person in the employment of an authority were a reference to the civilian employees of a police authority.
- (5) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 256
- (1) This section applies to a person if—
- (a) at some time before 1st April 1974, or on that date but otherwise than by virtue of provision made by an order under section 255 above, he enters the employment of a new local authority (in this section referred to as “*his new employment*”), and
- (b) had he continued until 1st April 1974 in the employment (in this section referred to as “*his previous employment*”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of section 1 or 20 above, provision would have been made by an order under section 255(2) above for his transfer on that date to the employment of a specified local authority.
- (2) Where this section applies to a person, then for the purposes of section 28 of the Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the Contracts of Employment Act 1972 (minimum periods of notice)—
- (a) the period of employment in his previous employment shall count as a period of employment in his new employment, and
- (b) the change of employment shall not break the continuity of the period of employment.
##### 257
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##### 258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 259
- (1) The appropriate Minister shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.
- (2) Regulations under this section may—
- (a) include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,
- (b) make different provision for different classes of persons and for other different circumstances and make or authorise the appropriate Minister to make exceptions and conditions,
- (c) be framed so as to have effect from a date earlier than the making of the regulations,
but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
- (3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—
- (a) the provisions of any such order as is referred to in section 326(1) of the Public Health Act 1936;
- (b) an existing local authority ceasing, as respects the whole or any part of their area, to be a food authority within the meaning of the Food Safety Act 1990;
- (c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936—
- (d) the provisions of an order under section 46 of the Children and Young Persons Act 1969;
and, without prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions, as to compensation made for that case by section 326 of the Public Health Act 1936, . . . or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of the regulations apply.
- (4) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the appropriate Minister shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.
- (5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 260
- (1) In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 259(1) above, any person who—
- (a) is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and
- (b) attains or has attained the age of fifty on or before 31st March 1974, and
- (c) fulfils such other conditions as may be prescribed,
may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 259 above shall not, apply to him.
- (2) Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 259 above shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.
- (3) Subject to subsection (4) below, the Secretary of State shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—
- (a) at the date of his retirement he had attained the normal retiring age; and
- (b) the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.
- (4) Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.
- (5) Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 259 above.
- (6) In this section—
- “*normal retiring age*” means—
- (a) in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and
- (b) in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either case, such other age as may be prescribed;
- “*reckonable service*”, in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme; and
- “*relevant superannuation scheme*”, in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.
- (7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 261
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##### 262
- (1) Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—
- (a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1974 to, but only to, the area, things or persons to which or to whom it applies before that date;
- (b) have effect subject to any necessary modifications and to the modifications made by subsections (3) to (5) below;
but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.
- (2) Subsection (1) above shall have effect subject to the provisions of—
- (a) this Act, other than Part I of Schedule 29;
- (b) any Act passed after this Act and before 1st April 1974; and
- (c) any order made under section 254 above or the following provisions of this section.
- (3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1974 or to their area there were substituted a reference to the authority by whom those functions are exercisable on and after that date or, as the case may be, to so much of the area of the latter authority as comprises the area of the former authority or any part thereof.
- (4) In any local statutory provision to which this section applies and which does not fall within subsection (3) above—
- (a) for any reference to an existing county or its council there shall be substituted a reference to so much of the new county or counties as comprises the area of the existing county or any part thereof or, as the case may be, the council of that new county or the councils of those new counties;
- (b) for any reference to an existing county borough or county district or the council of either there shall be substituted a reference to so much of the new district or districts as comprises the area of the existing borough or district or any part thereof or, as the case may be, the council of that new district or the councils of those new districts.
- (5) In any local statutory provision to which this section applies which has effect in an area in Wales and which does not fall within subsection (3) above—
- (a) for any reference to a rural parish there shall be substituted a reference to the corresponding community;
- (b) for any reference to the council of any such parish which has a council, whether separate or common, there shall be substituted a reference to the council of the corresponding community; and
- (c) for any reference to the parish meeting of any such parish which has no council there shall be substituted a reference to the council of the new district which comprises the corresponding community.
- (6) Subsections (3) to (5) above shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of any of those subsections where it would otherwise conflict with any provision of the order.
- (7) So much of any local statutory provision—
- (a) as confers functions on the Secretary of State with respect to the determination of tolls or other charges with respect to any fair, or
- (b) as requires the submission to the Secretary of State of, or of proposals relating to, any scale of tolls or other charges with respect to any fair,
shall cease to have effect.
- (8) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 254 above, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—
- (a) extend the provision throughout the new local government area in which it is continued in force;
- (b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
- (c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;
- (d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;
- (e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provision of this Act except section 254 above and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;
- (f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.
- (9) All local statutory provisions to which this subsection applies shall cease to have effect in metropolitan counties at the end of 1979 and elsewhere at the end of 1984, but—
- (a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;
- (b) the Secretary of State may from time to time by order postpone the date on which all the local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.
- (10) An order under subsection (8) above which extends the area for which any local statutory provision is in force shall be provisional only.
- (11) An instrument containing any other order under subsection (8) above or an order under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (12) This section applies to any local statutory provision which is in force wholly outside Greater London (except in the Isles of Scilly) and so much of any local statutory provision which is in force partly in Greater London as is in force outside Greater London, being in either case a provision in force immediately before 1st April 1974 and not expressly repealed or revoked by this Act, and subsection (9) above applies to any such local statutory provision of the following descriptions—
- (a) a provision of a local Act, the Bill for which was promoted by a local authority;
- (b) a provision of an Act confirming a provisional order made on the application of a local authority;
- (c) a provision of an order made on such an application which was subject to special parliamentary procedure;
not being—
- (i) a provision by virtue of which functions are exercisable by a joint board continued in existence by virtue of section 263 below,
- (ii) a provision relating to a statutory undertaking,
- (iii) a provision relating to any person’s status, or the right of any person to be admitted, as a freeman of any place or the rights of any person by virtue of any relationship or association with such a freeman,
- (iv) a protective provision for the benefit of any person, or
- (v) a provision contained in the Green Belt (London and Home Counties) Act 1938.
- (13) In subsection (12) above “*local authority*” means—
- (a) the council of an administrative county, urban district or rural district;
- (b) the municipal corporation of a borough acting by the council of that borough;
- (c) any commissioners, trustees or other persons invested by any local Act with powers of town government or rating;
- (d) any local board constituted in pursuance of the Public Health Act 1848, the Local Government Act 1858, the Local Government (1858) Amendment Act 1861 or the Local Government Amendment Act 1863; or
- (e) without prejudice to the foregoing any body of persons constituted or designated as an urban or rural sanitary authority under the Public Health Act 1875;
and “*statutory undertaking*” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any telephone undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, . . . or district heating.
##### 263
- (1) Subject to the following provisions of this section, where an existing joint board, every constituent member of which is a local authority, was constituted by or under any enactment for exercising functions for any united district or other area (not being a port health district), then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the board shall continue to exist on and after 1st April 1974 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).
- (2) Subsection (1) above shall not apply to a joint board constituted for an area which on 1st April 1974 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable; and accordingly in any such case—
- (a) the functions of the board shall on 1st April 1974 become functions of that new local authority; and
- (b) the joint board shall cease to exist on that date.
- (3) Subject to the following provisions of this section, where a port health district was constituted by an order under Part I of the Public Health Act 1936 or an enactment replaced by that Part and an existing local authority or an existing joint board, every constituent member of which is a local authority, is the port health authority for that district, then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the district shall continue to exist as a port health district on and after 1st April 1974 and—
- (a) if on that date a single new local authority will become the riparian authority in relation to that district, then on that date that authority shall become the port health authority for that district and any existing joint board constituted for that district shall cease to exist; and
- (b) if on that date two or more new local authorities will become riparian authorities in relation to that district then, if the existing port health authority is a joint board, that board shall continue to exist and to be the port health authority for that district, but otherwise the new local authority whose area comprises or, as the case may be, abuts on the greater part of that district shall be the port health authority for that district.
- (4) Any question as to which authority’s area comprises or abuts on the greater part of a port health district shall be resolved by the Secretary of State.
- (5) Any existing joint committee constituted under section 91 of the 1933 Act or by or under any other enactment for the purpose of exercising functions for an area which on 1st April 1974 will lie within the areas of two or more new local authorities by whom those functions would apart from this subsection become exercisable on that date shall, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, continue to exist on and after that date as if appointed under Part VI of this Act by those new authorities and shall exercise those functions for the area for which the committee exercised them before that date, without prejudice, however, to the power of those new authorities to make different arrangements for the discharge of those functions under that Part.
- (6) The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 254 above.
- (7) Subsections (1) and (2) above shall not apply to any area wholly situated in Greater London or to a joint board for such an area, or to a joint planning board for a National Park, and subsections (3) and (4) above shall not apply to the Port of London.
- (8) The following provisions shall have effect for the construction of references to a local statutory provision to which section 262 above applies:—
- (a) any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section;
- (b) any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 1st April 1974 as comprises the united district or other area for which the board acted; and
- (c) any reference to an existing local authority whose functions as port health authority become exercisable on 1st April 1974 by virtue of subsection (3) above by a new local authority, or any reference which is to be construed as such a reference, shall be construed as a reference to that new local authority.
- (9) The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.
##### 264
##### 265
- (1) There shall continue to be a council for the Isles of Scilly to be known as the Council of the Isles of Scilly.
- (2) The Secretary of State may make an order providing for the constitution of the Council of the Isles of Scilly and otherwise for regulating the application of this Act to the Isles of Scilly and may on the application of the Council make an order providing for the exercise and performance there of any functions which are for the time being conferred or imposed on local authorities.
- (3) Any order made under this section may—
- (a) apply to the Isles of Scilly any other public general Act relating to local government;
- (b) provide for the contribution by the Isles of Scilly to Cornwall County Council in respect of costs incurred by the county council on matters specified in the order as benefiting the Isles of Scilly;
- (c) provide for all matters which appear to the Secretary of State necessary or proper for carrying the order into effect.
- (4) Any order in force immediately before 1st April 1974 under section 292 of the 1933 Act (application of that Act to the Isles of Scilly) shall have effect as if made under this section and may be varied or revoked accordingly.
##### 265A
- (1) Subject to subsections (2) and (3) below, the following provisions of this Act shall have effect as if the Broads Authority were a local authority and the Broads were its local government area—
- (a) section 70;
- (b) sections 80(1)(a) and (2), 85, 92, ... 99 and 100;
- (c) sections 101 to 106;
- (d) sections 111 to 119;
- (e) sections 120 to 123 and 128 to 131;
- (f) sections 135, 136, 138A, 138B, 139, 140, 140A, 140C, 143 and 144;
- (g) sections 153 and 173 to 177; and
- (h) sections 222, 223, 225, 228 to 234 and 239.
- (2) The Navigation Committee of the Broads Authority shall be treated, for the purposes of this Act and of any other enactment relating to the committees of local authorities (but subject to section 9 of the Norfolk and Suffolk Broads Act 1988), as a committee of the Authority appointed under section 102 of this Act.
- (3) Sections 120 to 123, 128 and 224 shall have effect as if the Authority were a principal council.
##### 266
- (1) Any power to make orders, rules or regulations conferred on any Minister or the Treasury by any provision of this Act other than section 261 above or paragraph 3 of Schedule 3 or paragraph 2 of Schedule 5 to this Act shall be exercisable by statutory instrument.
- (2) Any power to make an Order in Council or other order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.
##### 267
There shall be defrayed out of moneys provided by Parliament—
- (a) any expenses incurred by any Minister under this Act; and
- (b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.
##### 268
##### 269
In this Act “*Wales*” means the combined area of the preserved counties and “*England*” does not include any area which is included in any of the preserved counties.
##### 270
- (1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—
- ...
- “*appropriate Minister*”, in relation to the making of an order or regulation or the giving of a direction with respect to any matter, means the Minister in charge of any Government department concerned with that matter; but the validity of any order, regulation or direction purporting to be made or given by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;
- “*bank holiday break*” means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday;
- “*the Broads*” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
- “*Christmas break*” means the period beginning with the last week day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday;
- “*the City*” means the City of London;
- “*combined authority*” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;”;
- . . .
- “*Common Council*” means the Common Council of the City;
- “*county*”, without more, means, in relation to England, a metropolitan county or a non-metropolitan county , but in the expression “*county council*”, “*council of a county*”, “*county councillor*” and “*councillor of a county*” means, in relation to England, a non-metropolitan county only:;
- “*district*”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;
- “*Easter break*” means the period beginning with the Thursday before and ending with the Tuesday after Easter Day;
- “*economic prosperity board*” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
- “*elected mayor*” has —in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, andin relation to Wales, the same meaning as in Part II of the Local Government Act 2000;
- “*electoral area*” means any area for which councillors are elected to any local authority;
- “*executive*”, “*executive arrangements*” and “*executive leader*” have —in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, andin relation to Wales, the same meaning as in Part II of the Local Government Act 2000;
- . . .
- “*existing*”, in relation to a local government or other area or a local authority or other body, except in sections 1 and 20 above, means that area or body as it existed immediately before the passing of this Act;
- “*financial year*” means the period of twelve months ending with 31st March in any year;
- “*grouped*”, in relation to a parish or community, means grouped by or by virtue of any provision of this Act or any previous corresponding enactment under a common parish or community council, and “*grouping order*” shall be construed accordingly;
- “*joint authority*” means an authority established by Part IV of the Local Government Act 1985;
- “*land*” includes any interest in land and any easement or right in, to or over land;
- ...
- “leader and cabinet executive means”—in relation to England: a leader and cabinet executive (England);in relation to Wales: a leader and cabinet executive (Wales);
- “*leader and cabinet executive (England)*” has the same meaning as in Part 1A of the Local Government Act 2000;
- “*leader and cabinet executive (Wales)*” has the same meaning as in Part 2 of the Local Government Act 2000;
- “*local authority*” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;
- “*local government area*” means—in relation to England, a county, Greater London, a district, a London borough or a parish;in relation to Wales, a county, county borough or community;
- “*local government elector*” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
- “*local statutory provision*” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;
- “*mayor and cabinet executive*” ... has— in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, andin relation to Wales, the same meaning as in Part II of the Local Government Act 2000;
- “*new*”, in relation to any area or authority, means an area or authority established by or under this Act including one established by virtue of any provision of the Local Government (Wales) Act 1994;
- “*1933 Act*” means the Local Government Act 1933;
- “*1963 Act*” means the London Government Act 1963;
- “*open space*” has the meaning assigned to it by section 336(1) of the Town and Country Planning Act 1990;
- “*prescribed*” means prescribed by regulations made by the Secretary of State;
- “*preserved county*” means any county created by this Act as a county in Wales, as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of the Act of 1994, or any provision made under this Act, redrawing its boundaries;
- “*principal area*” means a non-metropolitan county, a district or a London borough but, in relation to Wales, means a county or county borough.;
- “*principal council*” means a council elected for a principal area;
- “*public body*” includes—a local authority and a joint board on which, and a joint committee on which, a local authority or parish meeting are represented;any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, for the supply of water to any place, or for providing or maintaining a cemetery or market in any place; andany other authority having powers of levying or issuing a precept for any rate for public purposes;and “*district*” means, in relation to a public body other than a local authority, the area for which the public body acts;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*specified papers*”, in relation to a parish or community, means the public books, writings and papers of the parish or community (including any photographic copies thereof) and all documents directed by law to be kept therewith;
- “*sub-national transport body*” means a sub-national transport body established under section 102E of the Local Transport Act 2008;
- “*the Temples*” means the Inner Temple and the Middle Temple;
- ...
- (2) In this Act and in any other enactment, whether passed before, at the same time as, or after this Act, the expression “*non-metropolitan county*” means any county other than a metropolitan county, and the expression “*non-metropolitan district*” means any district other than a metropolitan district.
- (3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.
- (4) In any provision of this Act which applies to a London borough, except Schedule 2 to this Act,—
- (a) any reference to the chairman of the council or of any class of councils comprising the council or to a member of a local authority shall be construed as or, as the case may be, as including a reference to the mayor of the borough;
- (b) any reference to the vice-chairman of the council or any such class of councils shall be construed as a reference to the deputy mayor of the borough; and
- (c) any reference to the proper officer of the council or any such class of councils shall be construed as a reference to the proper officer of the borough.
- (4A) Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive . . . , subsection (4) above shall have effect with the omission of paragraphs (a) and (b).
- (5) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.
##### 271
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Nothing contained in, or done by virtue of, any provision of this Act other than section 253 or section 254(2)(b) shall affect the functions of the conservators of any common.
- (3) The provisions of Part I of this Act shall not affect the continuance of the Confederation of the Cinque Ports.
- (4) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of Her Royal Prerogative.
- (5) Except as provided by Part X of this Act, nothing in this Act shall prejudice any right, duty or privilege of Her Majesty in right of the Duchy of Lancaster.
##### 272
- (1) The enactments specified in Schedule 30 to this Act (which include enactments that were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.
- (2) Without prejudice to section 38(1) of the Interpretation Act 1889, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 252, 254, 255, 259, or 262 of this Act, references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.
##### 273
- (1) The provisions of this Act to which this subsection applies shall, except so far as brought into force earlier by an order under subsection (2) below, come into force on 1st April 1974.
- (2) The Secretary of State may by order appoint an earlier date for the coming into force of any provision to which subsection (1) above applies and different days may be appointed under this subsection for different purposes and, in particular, different days may be so appointed for the coming into force of the same provision in different areas.
- (3) Subsection (1) above applies to the following provisions of this Act, that is to say—
- sections 13, 16(1) and (3) and 17;
- section 40;
- section 48(8) and (9);
- section 50(4) to (7);
- sections 53 to 59 and Schedule 8;
- section 62;
- section 75;
- section 89(6);
- section 100;
- Parts VI to XI, except as provided by subsections (4) and (5) below;
- section 251 and Schedule 29;
- section 262(3) to (7);
- section 272 and Schedule 30;
- paragraphs 5 to 9 and 10(2) of Schedule 6;
- in Schedule 12, Parts II and III, and Part VI so far as applicable to parish councils.
- (4) Subsection (1) above shall not apply to the following provisions of Parts VI to XI of this Act, that is to say—
- sections 104 and 106;
- section 110;
- section 117;
- section 138;
- section 169;
- section 181(3) to (9) and (11);
- so much of section 183 as confers a power to make or direct the making or amendment of development plan schemes and so much of section 182 as applies to the interpretation of the provisions relating to such schemes;
- section 186(6) and (7);
- section 190(4);
- section 192(3);
- section 196(6) to (9);
- section 197(2) and (3);
- section 198(3) and (4);
- section 200;
- section 201(3) and (4);
- section 202(4) to (8);
- section 205;
- section 207(2) to (8);
- section 215(4);
- section 220(4);
- section 232;
- section 242;
- section 243;
- paragraph 27(2) of Schedule 13 and so much of section 172 as relates thereto.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.
##### 173A
- (1) If a councillor gives notice in writing to the parish or community council of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.
- (2) A notice under this section is referred to in this section as a “*financial loss allowance notice*”.
- (3) If a councillor gives a financial loss allowance notice to the parish or community council not later than the end of the period of one month beginning with the day of his election as a member of the councilthen, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.
- (4) If a councillor gives a financial loss allowance notice to the parish or community council otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.
- (4A) If a councillor who has given a parish or community council a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.
##### 174
- (1) Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.
- (2) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 274
- (1) This Act may be cited as the Local Government Act 1972.
- (2) . . . this Act shall not extend to Scotland.
- (3) . . ., this Act shall not extend to Northern Ireland.
## SCHEDULE 1
## Part III — Rules as to Boundaries
##### 1
The boundaries of the new local government areas shall be mered by Ordnance Survey.
##### 2
Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the Local Government Act 1958 or section 6 of the 1963 Act by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.
##### 3
The boundary dividing the Egerton ward of the urban district of Turton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Delph Brook to the end of the Reservoir Dam, thence to Blackburn Road north of Moss Cottages and thence north-eastwards to the ward boundary.
##### 4
The boundary dividing the borough of Whitley Bay referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the access road to Hartley West Farm, Hartley Lane, West End, the northern boundaries of Ordnance Survey parcels 0057, 2657 and 4156 and thence north-eastwards to the boundary of the borough.
##### 5
The boundary in the parish of Harraton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the link road C8 between Western Highway and Vigo Lane.
##### 6
The boundary dividing the parishes of East Harptree, West Harptree, Compton Martin, Ubley, Blagdon and Burrington referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine generally between the 500 ft. and 800 ft. contours on the northern slopes of the Mendip Hills to the vicinity of Burrington Camp and thence westwards to the boundary of the parish of Burrington.
##### 7
The boundary dividing the parish of Wexham referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the northern and eastern boundaries of Wexham Hospital, Wexham Park Lane, the eastern and southern boundaries of Ordnance Survey parcels 49, 48a, 31, 32, 33, 15, 14 and 13, Church Lane and Uxbridge Road south-westwards from Church Lane.
##### 8
The boundary dividing the parish of Christchurch East referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line from the neighbourhood of Barrett’s Copse to the River Mude in the neighbourhood of Waterhouse Farm and thence along that river downstream to the parish boundary.
##### 9
The boundary dividing the parish of Sopley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Avon.
##### 10
The boundary dividing the parish of Herringfleet referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Blocka Lane, Blocka Road, Herringfleet Road, the southern boundaries of Ordnance Survey parcels 105B, 80, 77 and 78, and thence to the parish boundary.
##### 11
The boundary dividing the parish of Corton referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of an extension eastwards of the southern boundary of the parish of Hopton-on-Sea.
##### 12
The boundary dividing the parish of Horley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Mole, Burstow Stream, the railway from Horley to Earlswood and Crossoak Lane.
## Part IV — Divided Parishes
##### 1
The following areas shall be parishes, that is to say—
- (a) the part of the existing parish of Altcar in Lancashire;
- (b) the part of the existing parish of Altcar in Merseyside;
- (c) the part of the existing parish of Birtley in district (c) in Tyne and Wear;
- (d) the part of the existing parish of Blagdon in Avon;
- (e) the part of the existing parish of Bold in Merseyside;
- (f) the part of the existing parish of Burnham in Berkshire;
- (g) the part of the existing parish of Burnham in Buckinghamshire;
- (h) the part of the existing parish of Burrington in Avon;
- (i) the parts of the existing parishes of Charlwood and Horley in Surrey;
- (j) the part of the existing parish of Charlwood in West Sussex;
- (k) the part of the existing parish of Christchurch East in Dorset;
- (l) the part of the existing parish of Christchurch East in Hampshire;
- (m) the part of the existing parish of Compton Martin in Avon;
- (n) the part of the existing parish of Corton in Suffolk;
- (o) the part of the existing parish of East Harptree in Avon;
- (p) the part of the existing parish of Harraton in Durham;
- (q) the part of the existing parish of Harworth in Nottinghamshire;
- (r) the part of the existing parish of Herringfleet in Suffolk;
- (s) the part of the existing parish of Horley in West Sussex;
- (t) the part of the existing parish of Loxton in Avon;
- (u) the part of the existing parish of Lydiate in Merseyside;
- (v) the part of the existing parish of Sopley in Hampshire;
- (w) the part of the existing parish of South Biddick in Durham;
- (x) the part of the existing parish of Ubley in Avon;
- (y) the part of the existing parish of West Harptree in Avon;
- (z) the part of the existing parish of Wexham in Berkshire; and
- (za) the part of the existing parish of Wexham in Buckinghamshire.
##### 2
- (1) The part of the existing parish of Bold in Cheshire shall be added to the parish of Great Sankey.
- (2) The parts of the existing parishes of Blagdon, Burrington, Compton Martin, East Harptree, Ubley and West Harptree in Somerset shall be added to the parish of Priddy.
- (3) The part of the existing parish of Corton in Norfolk shall be added to the parish of Hopton-on-Sea.
- (4) The part of the existing parish of Harworth in South Yorkshire shall be added to the parish of Bawtry.
- (5) The part of the existing parish of Herringfleet in Norfolk shall be added to the parish of Fritton.
- (6) The part of the existing parish of Loxton in Somerset shall be added to the parish of East Brent.
- (7) The part of the existing parish of Lydiate in Lancashire shall be added to the parish of Downholland.
- (8) The part of the existing parish of Sopley in Dorset shall be added to the parish of Hurn.
##### 3
The parts of the existing parishes of Birtley, Harraton and South Biddick in district (e) in Tyne and Wear shall cease to be in any parish.
##### 4
Paragraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.
## Part V — Constitution of Parishes by Reference to existing Urban District and Borough Boundaries
##### 1
- (1) The English Commission shall consult the councils of existing counties, boroughs and urban districts and the committees established under section 264(1)(b) above with a view to making proposals to the Secretary of State for the constitution of parishes each of which has a boundary coterminous with that of—
- (a) an existing urban district or borough, the area of which is not divided by or under section 1 above between two or more districts, or
- (b) so much of an existing urban district or borough, the area of which is so divided, as is wholly comprised in a single district,
and for naming those parishes.
- (2) The Secretary of State may give the Commission directions for their guidance in making any such proposals.
##### 2
- (1) The Secretary of State shall by order give effect to any proposals under paragraph 1 above, either as made to him or with modifications, but except in so far as any such order specifies part of the boundary of a district as part of the boundary of a parish no such order may specify for a parish a boundary different from that of an existing urban district or borough.
- (2) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 3
The constitution of an area as a parish under this Part of this Schedule shall not affect—
- (a) the continued existence, subject to section 1(10) above, of the borough or urban district the area of which or of part of which is co-extensive with that of the parish, or
- (b) the power to make changes in local government areas under Part IV above.
##### 4
In this Part of this Schedule “*borough*” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.
## SCHEDULE 2
## Part I
### Constitution
##### 1
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.
### Chairman and mayor
##### 2
- (1) The . . . mayor of a London borough shall be elected annually by the council from among the councillors.
- (2) The . . . mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as . . . mayor.
- (3) During his term of office the . . . mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
- (4) . . . a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the . . . mayor to meet the expenses of his office.
- (5) The mayor of a London Borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty’s royal prerogative.
### Election of chairman and mayor
##### 3
- (1) The election of the . . . mayor shall be the first business transacted at the annual meeting of . . . a London borough council.
- (2) If, apart from paragraph 2(3) above . . ., the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with sub-paragraph (3) below.
- (3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Power of mayor of London borough to appoint deputy
##### 5
- (1) The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a newly elected mayor becomes entitled to act as mayor (whether or not he continues until that time to be a councillor).
- (2) The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.
- (3) The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.
- (4) A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.
### Modifications of preceding provisions
##### 5A
Where a London borough council are operating executive arrangements which involve a leader and cabinet executive—
- (a) paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
> (1A) A member of the executive of a London borough council may not be elected as the mayor of the borough.
- (b) paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
> (1A) A member of the executive of a London borough council may not be appointed as the deputy mayor.
##### 5B
Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.
##### 5C
- (1) The council shall consist of an elected mayor, a chairman and councillors.
- (2) A reference in this Act to a member of the council is a reference to—
- (a) the chairman of the council,
- (b) a councillor of the council, or
- (c) the elected mayor of the council.
##### 5D
Paragraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.
##### 5E
Paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
- (1A) A member of the executive of a London borough council may not be elected as the chairman of the council.
##### 5F
Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.
##### 5G
Paragraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.
##### 5H
Paragraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—
- (1) A London borough council shall appoint a member of the council to be vice-chairman of the council.
- (1A) A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.
- (2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
- (3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”
##### 5I
Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.
### Term of office and retirement of councillors
##### 6
- (1) . . . London borough councillors shall be elected by the local government electors for . . . the borough, . . ., in accordance with this Act and Part I of the Representation of the People Act 1983.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The ordinary election of London borough councillors shall take place in 1974 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Electoral divisions and wards
##### 7
- (1) Subject to the following provisions of this paragraph, for the purposes of the election of councillors—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under Part II of the Local Government Act 1992or Part 1 of the Local Government and Public Involvement in Health Act 2007or section 59 of the Local Democracy, Economic Development and Construction Act 2009;
and there shall be a separate election for each . . . ward.
- (2) Until provision is made as mentioned in sub-paragraph (1)(b) above by an order referred to in sub-paragraph (1)(b) above , the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 175
- (1) The following bodies, that is to say—
- (a) any local authority;
- (b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;
may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.
- (1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—
- (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
- (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;
and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.
- (2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.
- (3) In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.
- (3B) In relation to an economic prosperity board, a combined authority or anybody which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—
- (a) to the functions of the body; or
- (b) to any functions of local authorities in which the body has an interest.
- (4) In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.
##### 176
- (1) Subject to subsection (2) below, a local authority may—
- (a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
- (b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.
- (2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.
- (3) In this section “*local authority*” includes a joint authority, an economic prosperity board, and a combined authority....... . .
##### 177
- (1) ... sections 174 and 175 above apply—
- (a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—
- (i) the Common Council;
- (ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and
- (iii) without prejudice to section 265 below, the Council of the Isles of Scilly;
- (b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and
- (c) to any parish or community council.
- (1A) Subsection (1) has effect without prejudice to the operation of—
- (a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);
##### 8
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## Part II
##### 9–14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 3
### Division of non-metropolitan counties into districts
##### 1
- (1) The English Commission shall as soon as practicable after the passing of this Act make proposals to the Secretary of State for the division of non-metropolitan counties into districts, for defining the areas of those districts and for naming them, and the Secretary of State may give the Commission directions for their guidance in making any such proposals.
- (2) The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifications, but an order shall not be made under this paragraph defining the areas of non-metropolitan districts unless a draft of the order has been approved by resolution of each House of Parliament.
- (3) An order under this paragraph shall, notwithstanding that it applies only to one or some of the non-metropolitan counties, proceed in Parliament as if its provisions would, apart from this paragraph, require to be enacted by a public Bill.
### County and district councillors
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
- (1) For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.
- (2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 6(2)(a) above shall not apply to any such election.
- (3) An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.
##### 4
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### First elections and meetings of new councils
##### 5
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##### 6
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##### 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Parish councillors
##### 10
- (1) Until provision is made to the contrary under Part I of this Act, Part II of the Local Government Act 1992 or Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007or Part 3 of the Local Democracy, Economic Development and Construction Act 2009—
- (a) the number of councillors for a parish which immediately before the passing of this Act was a borough included in a rural district, not being a borough divided into wards, shall be the same as the number of councillors for that borough;
- (b) where any such borough was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the borough, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the borough;
- (c) the number of councillors for a parish which immediately before the passing of this Act was co-extensive with a rural district which is not divided into wards shall be the same as the number of councillors for that rural district; and
- (d) where a rural district which is co-extensive with a parish was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the rural district, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the rural district.
- (2) Until provision is made to the contrary under Part I of this Act, Part II of the Local Government Act 1992 or Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007or Part 3 of the Local Democracy, Economic Development and Construction Act 2009, the provisions of this sub-paragraph shall have effect with respect to the number of councillors for a parish constituted under Part V of Schedule 1 above and having an area co-extensive with that of an existing borough or urban district, that is to say—
- (a) if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;
- (b) if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;
- (c) if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;
- (d) if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number of councillors for the corresponding ward of the urban district;
and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.
- (3) In the case of a parish constituted under Part V of Schedule 1 above and having an area co-extensive with part only of an existing borough or urban district, the Secretary of State shall by order make such provision with respect to—
- (a) the number of councillors for the parish as a whole,
- (b) the division of the parish into wards, and
- (c) if the parish is so divided, the number of councillors for each ward,
as appears to him to correspond, in relation to the part of the existing borough or urban district concerned, to the provision made by paragraphs (a) to (d) of sub-paragraph (2) above in the case of a parish the area of which is co-extensive with that of the whole of an existing borough or urban district; and the provision made by any such order shall have effect until provision is made to the contrary under Part I of this Act, Part II of the Local Government Act 1992 or Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007or Part 3 of the Local Democracy, Economic Development and Construction Act 2009.
### Qualification for membership of local authority
##### 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Suspension of elections
##### 12
- (1) No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972 . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.
- (9) The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and—
- (a) the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ba) regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);
and
- (c) regulations made by virtue of section 52(6) of that Act (allowances for exclusion appeal panels: Wales); and.
- (2) In sections 173 to 176 above “*approved duty*”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) For the purposes of sections 173 to 176 above ... a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.
- (4) Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and—
- (a) the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) As respects an existing county or borough (other than a London borough)—
- (a) no ordinary election of aldermen shall be held after the passing of this Act;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (14) The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.
##### 13
- (1) The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(2) above and also in relation to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish,—
- (a) references in this paragraph to the order are references to the order under the said Part V constituting the parish, and
- (b) references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.
- (2) As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district, and, if the parish is divided into wards in accordance with paragraph 10(2) above—
- (a) the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and
- (b) in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 177A
##### 178
- (1) The Secretary of State may make regulations as to the manner in which sections 173 to 176 . . . above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—
- (a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
- (b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
- (c) providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.
- (2) A statutory instrument containing regulations under section 173 or 177 above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
## Part IX — Functions
### General
##### 179
- (1) Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—
- (a) public general Acts passed before, or during the same session as, this Act; and
- (b) instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;
and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.
- (2) In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.
- (3) In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.
- (4) In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—
- (a) as respects England, as a reference to a parish or, as the case may be, its council or meeting; and
- (b) as respects Wales, as a reference to a community or, as the case may be, its council, if any.
### The environment
##### 180
- (1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—
- (a) for a district, be the district council;
- (b) for a London borough, be the borough council;
- (c) for the City, be the Common Council;
- (d) for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;
- (e) for a Welsh county or county borough, be the county council or county borough council;
but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.
- (2) The Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.
- (3) This section applies to the following enactments:—
- (a) the Public Health Acts 1875 to 1925;
- (b) the Alkali, &c. Works Regulation Act 1906;
- (c) the Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;
- (d) section 8 of the Local Government (Miscellaneous Provisions) Act 1953;
- (e) Part XIII of the Mines and Quarries Act 1954;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) section 1 of the Noise Abatement Act 1960;
- (h) the Public Health Act 1961, except so much of it as falls within section 181(2) below;
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (k) section 6 of the Chronically Sick and Disabled Persons Act 1970.
- (4) Expressions used in this section and Schedule 14 to this Act and in the Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.
##### 181
- (1) For the purposes of the following enactments, that is to say—
- (a) Part IV of the Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;
- (b) the Rural Water Supplies and Sewerage Act 1944, so far as relating to water;
- (c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953;
- (d) the Water Acts 1945 and 1948 and the Water Act 1958;
the local authority shall, for any district, be the district council, and for any London borough, be the borough council and for any principal area in Wales, be the principal council.
- (2) For the purposes of the following enactments, that is to say—
- (a) sections 15, 17–24, 27, 29–34, 36 and 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;
- (b) the Public Health (Drainage of Trade Premises) Act 1937;
- (c) the Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;
- (d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953;
- (e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961;
the local authority shall for any area outside Greater London be the district council.
- (6) Where this paragraph applies to a parish, sub-paragraph (12)(c) and (13) of paragraph 12 above shall not apply in relation to the borough or urban district, as the case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.
##### 14
In the case of a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(3) above, the Secretary of State shall by order make such provision in relation to the councillors of the parish, the chairman and vice-chairman of the parish council and the aldermen and councillors of the borough, or as the case may be the councillors of the urban district, concerned as appears to him to be appropriate to secure for the parish and that borough or urban district a result corresponding, so far as practicable, with that produced in the case of a parish falling within paragraph 10(2) above, by sub-paragraphs (2) to (6) of paragraph 13 above.
### Annual meetings
##### 15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary
##### 18
In this Schedule “*relevant year of election*” means—
- (a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 9 to this Act;
- (b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule.
## SCHEDULE 4
## PART I — Counties
## PART II — County Boroughs
## PART III — The Preserved Counties And Their Areas
## Part IV
##### 1
The boundaries of the new local government areas shall be mered by Ordnance Survey.
##### 2
Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the Local Government Act 1958 by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.
## Schedule 5
### Election of councillors
##### 1
The elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.
### Electoral divisions
##### 2
- (1) For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) such consultations as he thinks appropriate.
- (2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral division.
- (3) There shall be a separate election of councillors for each electoral division.
- (4) An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.
### First elections of new councils
##### 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Declarations of acceptance of office
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### First meetings of new principal councils
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Qualification for membership
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Suspension of elections
##### 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Appropriate transition committee
##### 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Qualification for membership of local authority
##### 11
For the purposes of section 79 above, in its application to a candidate for membership of a new local authority, the new local government areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.
### Suspension of elections
##### 12
- (1) No election of councillors of an existing county, borough, urban or rural district or rural parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.
- (2) As respects an existing county or borough—
- (a) no ordinary election of aldermen shall be held after the passing of this Act;
- (b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and
- (c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.
- (3) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of—
- (a) chairman or vice-chairman of the council of an existing county or urban or rural district or of an existing parish council;
- (b) mayor of an existing borough; or
- (c) chairman of the parish meeting of an existing rural parish.
### Annual meetings
##### 13
In the year 1973 the annual meeting of a borough council shall be held on such day in the month of March, April or May as the council may fix.
##### 14
In the year 1974 it shall not be necessary for the parish meeting of a rural parish to assemble as required by paragraph 1(1) of Part VI of Schedule 3 to the 1933 Act.
### Supplemental
##### 15
In this Schedule “*relevant year of election*” means—
- (a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 10 to this Act;
- (b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule;
- (c) in relation to community councillors, the first ordinary year of election of such councillors occurring after the making of the order or the last of the orders with respect to the district comprising the community in consequence of the special community review under that Schedule.
## SCHEDULE 6
## SCHEDULE 7
##### 1
- (1) The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than five other members.
- (2) The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with the terms of their respective appointments.
- (3) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.
##### 2
There shall be paid to each member of the Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
##### 3
- (1) The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.
- (2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
##### 4
At any meeting of the Commission three shall be the quorum.
##### 5
All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.
##### 6
Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.
### Officers and servants, remuneration and expenses
##### 7
- (1) The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as he may, with the approval of the Minister for the Civil Service, determine.
- (2) Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.
- (3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.
##### 8
The expenses of the Commission including—
- (a) the salaries, fees and allowances of its members,
- (b) the remuneration and any expenses paid to an assistant commissioner, and
- (c) the remuneration and any expenses paid to the secretary and other officers and servants of the Commission,
together with the fees and allowances paid to persons appointed under paragraph 3 above shall be defrayed out of moneys provided by Parliament.
### Proof of documents
##### 9
- (1) Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission.
- (2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.
## SCHEDULE 8
##### 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Officers and servants, remuneration and expenses
##### 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Proof of documents
##### 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 9
##### 1
As soon as practicable after the first election of councillors for any new district in England the English Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.
##### 2
The provisions of Part IV of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required—
- (a) the English Commission to submit a report for any district before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 1 above (whether as submitted to him or with modifications).
##### 3
As soon as practicable after the last order has been made under section 51 above by virtue of paragraph 2 above in relation to the districts in a county the English Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.
##### 4
The provisions of Part IV of this Act shall apply to a review under paragraph 3 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required—
- (a) the English Commission to submit a report for any county before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 3 above (whether as submitted to him or with modifications).
## SCHEDULE 10
### Special community reviews
##### 1
As soon as practicable after 1st April 1974 the Welsh Commission shall conduct a review (to be known as the special community review) of the whole of Wales for the purpose of making proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means—
- (a) the alteration of a community;
- (b) the constitution of a new community by the amalgamation of communities or by the aggregation of parts of communities or by the separation of part of a community;
- (c) the abolition of a community and the distribution of its area among other communities;
- (d) the inclusion in a district of an area forming part of a county but not of a district and the constitution of a new community by—
- (i) the establishment of the whole or part of that area as a community; or
- (ii) the aggregation of the whole of that area or any part of it with one or more communities or parts of communities;
- (e) the alteration of the area of a county or a district in consequence of any such change;
and any proposals made by the Commission may include a proposal that the area of a community should be co-extensive with the area of a district.
##### 2
In conducting the special community review the Welsh Commission shall also consider whether any community established by section 20 above or proposed to be constituted in consequence of the review (other than a community which it is proposed should be or remain co-extensive with the area of a district) should—
- (a) have a separate community council;
- (b) be grouped under a common community council; or
- (c) should not have a community council, whether separate or common;
and shall, if they think fit, make proposals accordingly.
##### 3
In considering whether to formulate proposals under paragraph 1 or 2 above the Welsh Commission shall have regard to the wishes of the inhabitants of the areas in question.
##### 4
If in conducting the special community review the Welsh Commission consider it desirable that a poll of local government electors of a community or part of a community should be taken on any question, they may arrange for such a poll to be taken and paragraphs 34(5), 37 and 38 of Schedule 12 to this Act shall apply to the poll as they apply to a poll consequent on a community meeting.
##### 5
In conducting the special community review the Welsh Commission shall also review the electoral arrangements for every community, having regard to any proposals which they propose to make in relation to the community under paragraph 1 or 2 above and also to the desirability of making any change in those arrangements apart from those proposals and shall make such proposals, if any, as they think fit with respect to those arrangements.
##### 6
Without prejudice to any direction given by the Secretary of State under section 59 above, where in the course of the special community review the Welsh Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review of any part of Wales, they shall submit a report to him on the review of that part of Wales, together with the proposals they have formulated thereon or, as the case may be, a notification that they have no proposals to put forward thereon.
##### 7
On receipt of a report under paragraph 6 above the Secretary of State shall either make an order giving effect to any proposals of the Welsh Commission submitted with the report (whether as submitted or with modifications) or make an order providing for the continuation of the existing arrangements applicable to the community or communities in question.
##### 8
If in relation to any area the Secretary of State decides to make an order under paragraph 7 above giving effect with modifications to any of the Welsh Commission’s proposals with respect to the boundaries of communities or the establishment of community councils, he may, if he thinks fit, direct the Commission to conduct a review or further review, as the case may be, of the electoral arrangements for the whole or part of that area and to make revised proposals with respect to those arrangements within a time specified in the direction.
##### 9
The following provisions of this Act, that is to say, sections 59, 60(1), (2), (5), (6) and (7), 61, 65, 67, 68, 69 and 78 shall apply in relation to the special community review and any order made in consequence thereof as they apply in relation to a review under Part IV of this Act and any order made in consequence thereof.
### Review of electoral arrangements for districts, etc.
##### 10
As soon as practicable after the completion of the special community review so far as it relates to any district, the Welsh Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.
##### 11
For the purposes of paragraph 10 and section 55(2) above the special community review shall be taken to have been completed so far as it relates to any district when the Secretary of State announces his final decision on the last of the orders which he proposes to make under paragraph 7 above with respect to the communities in that district.
##### 12
The provisions of Part IV of this Act shall apply to a review under paragraph 10 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required—
- (a) the Welsh Commission to submit a report for any district before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 10 above (whether as submitted to him or with modifications).
### Review of electoral arrangements for counties
##### 13
As soon as practicable after the last order has been made under section 58 above by virtue of paragraph 12 above in relation to the districts in a county the Welsh Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.
##### 14
The provisions of Part IV of this Act shall apply to a review under paragraph 13 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required—
- (a) the Welsh Commission to submit a report for any county before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 13 above (whether as submitted to him or with modifications).
### Supplemental
##### 15
Nothing in this Schedule shall be construed as empowering the making of any alteration to the boundaries between any county in England and any county in Wales.
## SCHEDULE 11
### Counties
##### 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Welsh counties and county boroughs
##### 1A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Districts and London boroughs
##### 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Parishes and communities
##### 4
- (1) This paragraph applies to the consideration . . ., . . . by a Welsh principal council or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).
- (2) In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether—
- (a) the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and
- (b) it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.
- (3) Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to—
- (a) any change in the number or distribution of the local government electors of the parish or community which is likely to take place within the period of five years immediately following the consideration;
- (b) the desirability of fixing boundaries which are and will remain easily identifiable; and
- (c) any local ties which will be broken by the fixing of any particular boundaries.
- (4) Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 12
## Part I — Principal Councils
##### 1
- (1) A principal council shall in every year hold an annual meeting.
- (2) The annual meeting of a principal council . . . shall be held—
- (a) in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
- (aa) in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
- (b) in any other year, on such day in the month of March, April or May as the council may fix.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—
- (a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or
- (b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.
- (10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.
- (11) In this section—
- “*sewerage functions*” means functions under any of the enactments mentioned in subsection (2) above; and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 182
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.
##### 2
- (1) A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.
- (2) Those other meetings shall be held at such hour and on such days as the council may determine.
##### 3
- (1) An extraordinary meeting of a principal council may be called at any time by the chairman of the council.
- (2) If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed . . . by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then . . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.
##### 4
- (1) Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.
- (1A) Five clear days at least before a meeting of a principal council in England—
- (a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and
- (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, shall be sent to every member of the council by an appropriate method.
- (1B) In sub-paragraph (1A)—
- (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 specified an address other than the member’s usual place of residence, leaving it at, or sending it by post to, that different address, or
- (iii) 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.
- (2) Three clear days at least before a meeting of a principal council in Wales—
- (a) notice of the time and place of the intended meeting shall be published at the council’s offices, and where the meeting is called by members of the council the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and
- (b) a summons to attend the meeting, specifying the business to be transacted thereat, and signed by the proper officer of the council, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the council.
- (3) If a member of a principal council in Wales gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.
- (4) Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.
- (5) Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.
##### 4A
- (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
- (2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 5
- (1) At a meeting of a principal council the chairman, if present, shall preside.
- (2) If the chairman is absent from a meeting of a principal council, then—
- (a) . . ., the vice-chairman of the council, if present, shall preside;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) in the case of a London borough council, the deputy mayor, if at that time he remains a councillor . . . and is chosen for that purpose by the members of the council then present, shall preside.
- (3) If—
- (a) in the case of a principal council . . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;
another member of the council chosen by the members of the council present shall preside.
- (4) A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.
- (5) Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive . . . . ”
##### 6
Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.
## Part IA — Joint Authorities and Inner London Education Authority
##### 6A
- (1) Paragraph 1 above applies to a joint authority , an economic prosperity board, or a combined authority.... . . as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In that Schedule—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and
##### 6B
The other provisions of Part I of this Schedule other than paragraph 6ZA shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that
- (a) the number of members mentioned in paragraph 3(2) shall be three, ...
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 183
##### 184
- (1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall—
- (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and
- (b) as respects Wales, be exercisable in accordance with subsections (7) and (8) below.
- (2) The following of the said functions, that is to say those conferred by—
- (a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and
- (b) sections 12(5), 13 and 14 of the said Act of 1968;
shall, subject to subsection (3) below . . ., be functions of the county planning authority.
- (3) The functions of a local planning authority under section 9 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.
- (4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, . . ., be exercisable both by county planning authorities and district planning authorities.
- (5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.
- (8) In that Schedule “*the 1949 Act*” and “*the 1968 Act*” mean the said Acts of 1949 and 1968 respectively.
##### 185
- (1) In the Town Development Act 1952 (in this section referred to as “*the principal Act*”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—
- (a) amendments consequential on this Part of this Act, and
- (b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).
- (5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.
#### Exempt information and power to vary Schedule 12A.
##### 186
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—
- (a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and
- (b) may, if they think fit, determine that any such charges shall no longer be made;
and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.
- (7) In subsection (6) above, “*local authority*” includes any existing county borough or county district council and the Common Council.
##### 187
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) With respect to footpaths , bridleways and restricted byways within their area a district council or, where they are not the highway authority, a Welsh principal council shall have—
- (a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) “Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 188
##### 189
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—
- (a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;
- (b) with respect to a green or land in a community where there is a community council, as references to the community council;
- (c) with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated;
and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area.
- (4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.
#### Interpretation and application of Part VA.
##### 190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accountability of officers.
##### 191
- (1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as “*the 1841 Act*”) shall have effect subject to the following modifications.
- (2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council (or, in Wales, a principal council) and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) References, in whatever terms, in the 1841 Act—
- (a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require or, in Wales, the principal council), and
- (b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require (or, in Wales, the principal council).
- (5) . . . References in that Act to a county include references to any preserved county or local government area within the meaning of this Act.
### Education, social and welfare services
##### 192
##### 193
##### 195
- (1) Outside Greater London, the local authorities for the purposes of the Local Authority Social Services Act 1970 (in this section referred to as “*the Act of 1970*”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.
- (2) In a non-metropolitan county in England each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.
- (3) The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—
- (a) proposals approved under section 20 of the National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and
- (b) schemes approved under section 34 of the National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),
shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, . . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.
- (4) Any delegation scheme under section 46 of the Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.
- (5) Any scheme or regional plan made by a children’s regional planning committee under the Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.
- (6) The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—
- (a) to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and
- (b) to give effect to subsection (3) above, as it affects those authorities.
- (7) In section 64(1) of the National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.
### Miscellaneous functions
#### Financial assistance to be conditional on provision of information.
##### 196
##### 197
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In section 10 of the Fire Services Act 1947, as amended by Schedule 8 to the Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”. . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 198
##### 200
##### 201
##### 202
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . ., Part II of the Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—
- (a) to assimilate in certain respects the provisions of the said Part II to those of Part II of the Transport (London) Act 1969;
- (b) to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and
- (c) to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Expressions used in this section have the same meanings as in the Transport Act 1968.
##### 203
##### 204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disposal of land held by parishes and communities.
##### 205
##### 206
The local authorities for the purposes of the Public Libraries and Museums Act 1964 in England shall be county councils, . . ., London borough councils, district councils, the Common Council and the Council of the Isles of Scilly and, subject to the provisions of section 5 of that Act, each of the following authorities, that is to say—
- (a) the council of a non-metropolitan county;
- (b) the council of a London borough and the Common Council;
- (c) the council of a metropolitan district;
shall be a library authority for those purposes.
##### 207
##### 208
- (1) It shall not be necessary for any local authority within the meaning of the Public Libraries and Museums Act 1964 to obtain the consent of the Secretary of State to the provision of a museum or art gallery under section 12(1) of that Act or to the transfer of a museum or art gallery and its collections under section 12(2) of that Act, or to apply for an order under section 15(2) of that Act for the purpose of amalgamating a fund established under that section with a similar fund maintained under a local Act, and accordingly in the said section 15(2) for the words after “aforesaid” there shall be substituted the words “ it may amalgamate the funds, but without prejudice to the effect of any condition attached to any particular gift received by the authority ”.
- (2) The powers conferred by section 14 of the said Act of 1964 (contributions to expenses of museums and art galleries) on certain local authorities shall be exercisable by every local authority within the meaning of that Act, whether or not a library authority or maintaining a museum or art gallery.
- (3) The following additional amendments shall be made in the said Act of 1964—
- (a) in section 4(2)(a), after the word “council” there shall be inserted the words “ in Wales ”;
- (b) in sections 5(3), 6(5) and (6), 10(2), 11(2) and 21, for the words “non-county borough or urban district”, wherever occurring, there shall be substituted the words “ district in Wales ”;
- (c) in the proviso to section 5(3), for the words from “at the request” to “40,000” there shall be substituted the words “ if the Secretary of State thinks fit ”;
- (d) in section 6(6), after the word “above” there shall be inserted the words “ or under section 207 of the Local Government Act 1972 ”;
- (e) in section 6(7), for the words from the beginning to “above he” there shall be substituted the words “ Where the council of a district in Wales are constituted a library authority under section 207 of the Local Government Act 1972, the Secretary of State ”, and for the words “approved council” there shall be substituted the words “ council so constituted ”;
- (f) in section 11(2), the reference to section 60(2) of the Local Government Act 1958 shall be construed as a reference to section 255 below ;
- (g) in section 15(1), after the word “maintaining” there shall be inserted the words “ or proposing to provide ” and for the words from “for the time being” onwards there shall be substituted the words “ which the authority maintains or proposes to provide under that section ” ;
- (h) in section 16, for the words “local authority” there shall be substituted the words “ library authority ”;
- (i) in section 21, in subsections (1) and (3) after the words “county council” there shall be inserted the words “ in Wales ” and in subsection (1) the words from “and expenses” onwards shall cease to have effect;
- (j) in section 24(1), for the words “this Act” there shall be substituted the words “ the provisions of this Act relating to libraries ” and for the word “county” there shall be substituted the words “ non-metropolitan county ”;
- (k) in Schedule 2, in paragraph 2(1), the words from “but except” onwards shall cease to have effect.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 209
##### 210
- (1) Where, immediately before 1st April 1974, any property is held, as sole trustee, exclusively for charitable purposes by an existing local authority for an area outside Greater London, other than the parish council, parish meeting or representative body of an existing rural parish in England (but including the corporation of a borough included in a rural district), that property shall vest (on the same trusts) in a new local authority in accordance with subsections (2) to (5) below.
- (2) Subject to subsection (3) below, where the property is held by one of the existing authorities specified below, and is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority specified below, the area of which comprises the whole or the greater part of that specified area, and where the property is so held but is not held for such a benefit, it shall vest in the new authority specified below, the area of which comprises the whole or the greater part of the area of the existing authority, that is to say—
- (a) where the existing authority is a county council, the new authority is the council of the new county;
- (b) where the existing authority is the council of a borough or urban district in England, the new authority is the council of the parish constituted under Part V of Schedule 1 to this Act or, where there is no such parish, the council of the district;
- (c) where the existing authority is the council of a borough or urban district in Wales, the new authority is the council of the community or, where there is no such council, the council of the district; and
- (d) where the existing authority is a rural district council, then, if the rural district is coextensive with a parish, the new authority is the parish council, and in any other case the new authority is the council of the district.
- (3) Where the property is held by an existing county council or county borough council for the purposes of a charity registered in the register established under section 4 of the Charities Act 1960 in any part of that register which is maintained by the Secretary of State by virtue of section 2 of that Act (educational charities) then—
- (a) if the property is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority which is the local education authority for the whole or the greater part of that specified area, and
- (b) in any other case, the property shall vest in the new authority which is the local education authority for the whole or the greater part of the area of the existing county council or county borough council by which the property is held.
- (4) Where the property is held by the corporation of a borough included in a rural district, it shall vest in the parish council for the parish consisting of the area of the existing borough.
- (5) Where the property is held by the parish council, parish meeting or representative body of an existing rural parish in Wales, then—
- (a) in the case of property held by an existing parish council, the property shall vest in the community council for the community or group of communities, the area or areas of which are co-extensive with the area of the parish or parishes for which the existing parish council act;
- (b) in the case of property held by the parish meeting or representative body of an existing parish the area of which is comprised in a community for which there is a community council, the property shall vest in that community council; and
- (c) in any other case, the property shall vest in the council of the district which comprises the area of the existing rural parish.
- (6) Where, immediately before 1st April 1974, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, any existing local authority to which subsection (1) above applies, that power shall vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper office of, the corresponding new authority, that is to say, the new authority in which, had the property of the charity been vested in the existing local authority, that property would have been vested under subsections (1) to (5) above.
- (7) References in subsection (6) above to a power with respect to a charity do not include references to a power of any person by virtue of being a charity trustee thereof; but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before 1st April 1974 include either an existing local authority to which subsection (1) above applies or the holder of an office connected with such an existing local authority, those trustees shall instead include the corresponding new authority as defined in subsection (6) above or, as the case may require, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that authority.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Nothing in the foregoing provisions of this section shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity and nothing in those provisions shall apply in a case to which section 211 below applies.
- (11) In this section the expression “*local authority*”, in relation to a parish, includes a parish meeting and the representative body of a parish, and the expressions “*charitable purposes*”, “*charity*”, “*charity trustees*”, “*court*” and “*trusts*” have the same meanings as in the Charities Act 1960.
##### 211
- (1) Any property which, immediately before 1st April 1974, is vested in the council of an existing county or county borough in Wales and is required to be applied in accordance with a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes) shall be vested, by virtue of this Act, in the council of the new county which comprises the whole or the greater part of the area of that existing county or county borough.
- (2) Where, by virtue of subsection (1) above, property vested in the council of an existing county becomes vested in the council of a new county which does not comprise the whole of the area of the existing county, the new county council shall transfer an apportioned part of the property to each of the other new county councils whose areas include parts of the area of the existing county.
- (3) An apportionment for the purposes of subsection (2) above shall be made by agreement between the new county councils concerned, or, in default of such an agreement, shall be determined by arbitration before a single arbitrator appointed by agreement between those councils or, in default of such an agreement, appointed by the Secretary of State.
- (4) The vesting or transfer of any property by virtue of this section shall not affect the application of the property in accordance with the scheme under section 19 of the Welsh Church Act 1914 which is applicable to it immediately before 1st April 1974 or the amendment or revocation of any such scheme by a further scheme under that section.
##### 212
##### 213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public notices.
##### 214
- (1) The following authorities, that is to say, the councils of Welsh counties, county boroughs districts, London boroughs, parishes and communities, the Common Council and the parish meetings of parishes having no parish council, whether separate or common, shall be burial authorities for the purposes of, and have the functions given to them by, the following provisions of this section and Schedule 26 to this Act; and—
- (a) the powers conferred by the Burial Acts 1852 to 1906 to provide burial grounds shall cease to be exercisable; and
- (b) any existing burial board, joint burial board or joint committee with the powers of such a board established under the Burial Act 1852 or section 53(2) of the Local Government Act 1894 or by any local statutory provision shall cease to exist.
- (2) Burial authorities may provide and maintain cemeteries whether in or outside their area.
- (3) The Secretary of State may by order make provision with respect to the management, regulation and control of the cemeteries of burial authorities and any such order may—
- (a) impose a fine for any contravention of the order; and
- (b) contain such provision amending or repealing any enactment (including any enactment in Schedule 26 to this Act) or revoking any instrument made under any enactment as appears to the Secretary of State to be necessary or proper in consequence of the order.
- (4) An order under this section may only be made after consultation with associations appearing to the Secretary of State to be representative of local authorities and with other bodies appearing to him to be concerned, and any such order shall be of no effect unless approved by a resolution of each House of Parliament.
- (5) A burial authority within the meaning of this section, other than a parish meeting, shall also be a burial authority for the purposes of the Cremation Acts 1902 and 1952.
- (6) A burial authority may contribute towards any expenses incurred by any other person in providing or maintaining a cemetery in which the inhabitants of the authority’s area may be buried.
- (7) Schedule 26 to this Act shall have effect with respect to the exercise of functions of burial authorities and the management of cemeteries and crematoria and for making amendments and modifications of the enactments relating to cemeteries and crematoria.
- (8) In this section and that Schedule “*cemetery*” includes a burial ground or any other place for the interment of the dead (including any part of any such place set aside for the interment of a dead person’s ashes).
##### 215
- (1) Subject to subsection (2) below, where outside the area subject to the Welsh Church Act 1914 a churchyard has been closed by an Order in Council, the parochial church council shall maintain it by keeping it in decent order and its walls and fences in good repair.
- (2) A parochial church council which is liable under subsection (1) above to maintain a closed churchyard may—
- (a) if the churchyard is in a parish or community having a separate parish or community council, serve a written request on that council to take over the maintenance of the churchyard;
- (b) if the churchyard is in a parish not having a separate parish council, serve such a request on the chairman of the parish meeting;
- (c) if the churchyard is in a community not having a separate community council, serve such a request on the council of the county or county borough in which the community is situated; or
- (d) if the churchyard is in England elsewhere than the City and the Temples and is not in any parish, serve such a request on the council of the district or London borough in which the churchyard is situated;
and, subject to subsection (3) below, the maintenance of the churchyard shall be taken over by the authority on whom the request is served or the parish meeting, as the case may be, three months after service of the request.
- (3) If, pursuant to subsection (2) above, a request is served on a parish or community council or the chairman of a parish meeting and, if that council or meeting so resolve and, before the expiration of the said three months, give written notice of the resolution to the council of the district, Welsh county or (as the case may be) county borough and to the parochial church council maintaining the churchyard, the local authority to whom the notice is given , and not the parish or community council or parish meeting, shall take over the maintenance of the churchyard at the expiration of the said three months.
- (4) Where before the passing of this Act a church council established under the constitution of the Church in Wales, in purported exercise of the powers conferred by section 18 of the Burial Act 1855 (maintenance of closed churchyard payable out of rates), issued a certificate with respect to a closed churchyard to a local authority, and that authority thereupon took over the maintenance of the churchyard, the authority’s action shall be deemed to have been lawful for all purposes, and the authority for the time being responsible for the maintenance of the churchyard shall have the like duty with respect to its maintenance as a parochial church council elsewhere than the area subject to the Welsh Church Act 1914.
- (5) In subsection (1) above, “*the area subject to the Welsh Church Act 1914*” means the area in which the Church of England was disestablished by that Act.
## Part X — Judicial and Related Matters
##### 216
- (1) For the purposes of commissions of the peace and the law relating to justices of the peace, magistrates’ courts, the custos rotulorum, lieutenants, sheriffs and matters connected with any of those matters, new counties shall, without prejudice to section 179(1) above, be substituted for counties of any other description.
- (2) For the purposes of this section and sections . . . , 218 and 219 below the Isles of Scilly shall be deemed to form part of the county of Cornwall.
##### 217
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 218
##### 219
- (1) Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The rights of Her Majesty in right of the Duchy of Lancaster in relation to the appointment of high sheriffs shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire . . ..
- (4) The Lord Chancellor may by order prescribe the area for which each under-sheriff is to act.
- (5) Where the area for which an under-sheriff acts is situated in two or more counties, the duty imposed by section 23 of the Sheriffs Act 1887 of appointing the under-sheriff for that area shall be discharged by the high sheriff of the county containing the greater part of that area, after consulting any other high sheriff concerned, and if any question arises as to which county contains the greater part of an under-sheriff’s area, it shall be determined by the Lord Chancellor.
References in this subsection to a county include references both to Greater London and to the City (including the Temples).
- (6) An under-sheriff shall as respects the area for which he acts be treated as the high sheriff’s deputy for the purpose of all the high sheriff’s functions, except his functions as returning officer at parliamentary elections.
- (7) No privileges or duties of a sheriff shall be exercisable . . . by the bailiff of a franchise.
- (8) In this section “county” has the same meaning as in the Sheriffs Act 1887 and“*Greater London*” does not include the City or the Temples.
- (9) In subsections (1) and (5) above “*county*”, in relation to Wales, means a preserved county.
##### 220
##### 221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## Part XI — General Provisions as to Local Authorities
### Legal proceedings
##### 222
- (1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—
- (a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and
- (b) they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.
- (2) In this section “*local authority*” includes the Common Council and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire and Emergency Planning Authority and the London Fire Commissioner.
##### 223
- (1) Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates’ court shall be entitled to prosecute or defend or to appear in any such proceedings, and, to conduct any such proceedings.
- (2) In this section “*local authority*” includes the Common Council , a joint authority, an economic prosperity board, a combined authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... the Greater London Authorityand, a police and crime commissioner and the Mayor's Office for Policing and Crime . . .. . ..
### Documents and notices, etc.
##### 224
- (1) Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county, a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.
- (2) This section applies to a joint authority , economic prosperity board or combined authority ... as it applies to a principal council.
- (3) In subsection (1) above “*county*”, in relation to Wales, means a preserved county.
##### 225
- (1) In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.
- (2) All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the principal council.
- (3) In this section “*local authority*” includes a joint authority , an economic prosperity board and a combined authority
##### 226
- (1) All specified papers of a parish or community shall—
- (a) in the case of a parish which is co-extensive with an existing rural parish, remain in the same custody as before 1st April 1974; and
- (b) in the case of any other parish or any community, be in the custody of the body to which the documents of that area, other than documents of a specified class, are transferred on that date;
but the parish or community council or, in the case of a parish or community not having a separate parish or community council, the parish meeting in England or the principal council in Wales may direct that any such papers shall be deposited in such custody as may be specified in the direction.
- (2) Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the Local Government Act 1894, or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.
- (3) Any person having the custody of any documents mentioned in subsection (2) above shall have reasonable access to the papers mentioned in subsection (1) above and—
- (a) in a parish or community having a separate parish or community council, that council;
- (b) in any other parish, the parish meeting;
- (c) in any other community, the principal council; and
- (d) in any area in England not falling within paragraph (a) or (b) above, the district council, London borough council or Common Council, as the case may be;
shall have reasonable access to the documents mentioned in subsection (2) above.
- (4) Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in Wales or in a metropolitan district, London borough or the City, be determined by the Secretary of State and in any other case by the county council.
- (5) The council of every county or metropolitan district shall from time to time enquire into the manner in which specified papers under the control of a parish . . . or parish meeting in their area are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish . . . or parish meeting.
- (6) Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council.
##### 227
- (1) In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish . . . is situated or the council of the principal area in which the community is situated, shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.
- (2) In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish . . . is situated or the council of the principal area in which the community is situated shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.
##### 228
- (1) The minutes of proceedings of a parish or community council shall be open to the inspection of any local government elector for the area of the the council and any such local government elector may make a copy of or extract from the minutes.
- (2) A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.
- (3) The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.
- (6) A document directed by this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.
- (7) If a person having the custody of any such document—
- (a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
- (b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
- (7A) This section shall apply to the minutes of proceedings and the accounts of a joint authority , an economic prosperity board, or a combined authority.... . . . . . as if that authority were a local authority and as if, . . ., references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.
- (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a parish council.
- (9) In relation to the Broads Authority, the references in this section to a local government elector for the area of the authority shall be construed as references to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.
##### 229
- (1) Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.
- (2) Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.
- (3) Subsection (1) above shall not apply to any document deposited with a local authority under the Public Records Act 1958.
- (4) In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.
- (5) A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.
- (6) The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.
- (7) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.
- (8) In this section “*court*” and “*legal proceedings*” have the same meanings as in the Civil Evidence Act 1968 and “*local authority*” includes a joint authority, an economic prosperity board, a combined authority... , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . .
##### 230
- (1) Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.
- (2) In this section “*local authority*” includes a joint authority , an economic prosperity board and a combined authority . . ..
##### 231
- (1) Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.
- (2) Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.
- (3) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.
- (4) In this section “*local authority*” includes a joint authority, an economic prosperity board, a combined authority... , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
##### 232
- (1) Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—
- (a) by posting the notice in some conspicuous place or places within the area of the local authority; and
- (b) in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.
- (1ZA) A public notice given by a community council must, in addition to the requirements imposed by subsection (1), be published electronically.
- (1A) In subsection (1) above “*local authority*” includes a joint authority, an economic prosperity board, a combined authority... , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
- (2) This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.
##### 233
- (1) Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.
- (2) Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
- (3) Any such document may—
- (a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;
- (b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.
- (4) For the purposes of this section and of section 26 of the Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—
- (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
- (b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
- (5) If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the Interpretation Act 1889 as his proper address.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
- (8) This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.
- (9) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.
- (10) Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.
- (11) In this section “*local authority*” includes a joint authority, an economic prosperity board, a combined authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... , a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
##### 234
- (1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.
- (2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.
In this subsection the word “*signature*” includes a facsimile of a signature by whatever process reproduced.
- (3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
- (4) In this section “*local authority*” includes a joint authority, an economic prosperity board, a combined authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... , a police and crime commissioner and the Mayor's Office for Policing and Crime . . . . . ..
### Byelaws
##### 235
- (1) The council of a district ... and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district ... or borough, as the case may be, and for the prevention and suppression of nuisances therein.
- (2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
- (2A) Subsection (2) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
- (3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
##### 236
- (1) Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority in England under this Act and to byelaws made by a local authority in England, the Greater London Authority, Transport for London, an Integrated Transport Authority for an integrated transport area in England or a combined authority under any other enactment and conferring on the authority a power to make byelaws and for which specific provision is not otherwise made.
- (2) This section shall not apply to
- (a) byelaws of a class prescribed by regulations under section 236A, or
- (b) byelaws made . . . by the Civil Aviation Authority under section 29 of the Civil Aviation Act 1982.
- (3) Subject to subsection (3A) below, the byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish ... council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.
- (3A) Byelaws made by the Greater London Authority shall be made under the hand of the Mayor and shall not have effect until they are confirmed by the confirming authority.
- (4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.
- (5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.
- (6) The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.
- (7) The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.
- (8) A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.
- (9) The proper officer of a district council ... shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish ... to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish ... council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish ....
A copy so deposited shall at all reasonable hours be open to public inspection without payment.
- (10) The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.
- (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10B) The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.
- (10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to—
- (a) the Mayor of London;
- (b) each London Borough Council; and
- (c) the Common Council.
- (11) In this section the expression “*the confirming authority*” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.
##### 236A
- (1) The Secretary of State may, in relation to England, by regulations—
- (a) prescribe classes of byelaws to which section 236 does not apply, and
- (b) make provision about the procedure for the making and coming into force of such byelaws.
- (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
- (a) the enactment under which byelaws are made,
- (b) the subject-matter of byelaws,
- (c) the authority by whom byelaws are made,
- (d) the authority or person by whom byelaws are confirmed.
- (3) The regulations may, in particular, include provision about—
- (a) consultation to be undertaken before a byelaw is made,
- (b) publicising a byelaw after it is made.
- (4) The regulations may make—
- (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
- (b) different provision for different areas, including different provision for different localities and for different authorities.
- (5) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
##### 236B
- (1) This section applies to—
- (a) a local authority;
- (b) the Greater London Authority;
- (c) Transport for London;
- (d) an Integrated Transport Authority for an integrated transport area in England;
- (e) a combined authority.
- (2) Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.
- (3) The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.
- (4) The confirming authority in relation to a byelaw made under this section shall be—
- (a) in relation to a byelaw made by a local authority in Wales, the Welsh Ministers;
- (b) in relation to any other byelaw, the Secretary of State.
- (4A) Subsection (4)(b) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
- (5) The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.
- (6) The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary.
- (7) An order under this section may make—
- (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and
- (b) different provision for different areas, including different provision for different localities and for different authorities.
- (8) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
- (9) Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (10) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
- (11) Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 237
Byelaws to which section 236 above applies and byelaws of a class prescribed by regulations under section 236A may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
##### 237A
- (1) The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.
- (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
- (a) the enactment under which byelaws are made,
- (b) the subject-matter of byelaws,
- (c) the authority by whom byelaws are made,
- (d) the authority or person by whom byelaws are confirmed.
- (3) Where—
- (a) an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or
- (b) an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,
the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.
- (4) A fixed penalty notice under this section is payable to the authority whose officer gave the notice.
- (5) Where a person is given a notice under this section in respect of an offence—
- (a) no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and
- (b) he may not be convicted of the offence if he pays the fixed penalty before the end of that period.
- (6) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.
- (7) A notice under this section must also state—
- (a) the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,
- (b) the amount of the fixed penalty, and
- (c) the person to whom and the address at which the fixed penalty may be paid.
- (8) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.
- (9) Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
- (10) The form of a notice under this section may be specified in regulations under subsection (1).
- (11) In any proceedings a certificate which—
- (a) purports to be signed on behalf of the chief finance officer of an authority, and
- (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
- (12) In this section—
- “*authorised officer*”, in relation to an authority, means—an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, andany employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,
- “*chief finance officer*”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.
- (13) Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.
##### 237B
- (1) The amount of a fixed penalty payable in pursuance of a notice under section 237A is—
- (a) the amount specified by the authority which made the byelaw, or
- (b) if no amount is so specified, £75.
- (2) An authority may specify different amounts in relation to different byelaws.
- (3) The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).
- (4) Regulations under subsection (3) may, in particular—
- (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations,
- (b) restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2).
- (5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
##### 237C
- (1) If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.
- (2) A person commits an offence if—
- (a) he fails to give his name and address when required to do so under subsection (1), or
- (b) he gives a false or inaccurate name or address in response to a requirement under that subsection.
- (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (4) In this section, “*authorised officer*” has the same meaning as in section 237A.
##### 237D
- (1) “*Fixed penalty receipts*” means amounts paid to an authority in pursuance of notices under section 237A.
- (2) The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.
- (3) A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.
##### 237E
An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about—
- (a) procedure for which provision is made by regulations under section 236A(1);
- (b) fixed penalties;
- (c) anything related to the matters mentioned in paragraph (a) or (b).
##### 237F
- (1) Regulations under section 237A or 237B, and an order under section 237B, may make—
- (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
- (b) different provision for different areas, including different provision for different localities and for different authorities.
- (2) A statutory instrument containing—
- (a) regulations under section 237A or 237B which amend or repeal any provision of an Act, or
- (b) an order under section 237B which amends or repeals any provision of an Act,
may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.
- (3) Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 238
The production of a printed copy of a byelaw purporting to be made by a local authority in England, the Greater London Authority, , an Integrated Transport Authority for an integrated transport area in England or a combined authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
- (a) that the byelaw was made by the authority;
- (b) that the copy is a true copy of the byelaw;
- (c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
- (d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
### Miscellaneous provisions
##### 239
- (1) Subject to the provisions of this Act, where a local authority in England, other than a parish council, are satisfied that it is expedient to promote, or any local authority in England are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.
- (2) A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—
- (a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
- (b) in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.
- (3) For the purposes of subsection (2) above the requisite notice is thirty clear days’ notice in the case of promotion of a Bill and ten clear days’ notice in the case of opposition to a Bill.
- (4) The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.
- (4A) The powers conferred on a local authority by sub-section (1) above shall also be exercisable by a joint authority , an economic prosperity board and a combined authority . . ..
- (5) No payment shall be made by a an authority to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.
##### 240
- (1) Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—
- (a) before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
- (b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;
- (c) the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;
- (d) if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.
- (2) The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.
- (3) Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the Statutory Orders (Special Procedure) Act 1945, the following provisions shall have effect—
- (a) before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
- (b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.
- (4) Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.
- (5) At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.
- (6) The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.
- (7) Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the Statutory Orders (Special Procedure) Act 1945.
##### 241
Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.
##### 242
No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.
##### 243
- (1) Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.
- (2) Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under . . . paragraph 18 or regulations under paragraph 18 or rules under paragraph 34 34 of Schedule 12 to this Act and applies also to sections . . ., 31 and 32 of the Local Government Act 1985.
- (3) Where under subsection (4) below the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day . . . of the poll, . . ..
- (4) In computing any period of time for the purpose of any regulations or rules mentioned in subsection (2) above or for the purposes of . . . 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice . . . of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such regulations or rules, shall not operate to invalidate any act which would have been valid apart from that provision.
- (5) Subsection (4) above, so far as it relates to any such regulations or rules shall have effect subject to the provisions of those regulations or rules.
##### 244
- (1) The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.
- (2) If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.
##### 244A
This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.
## Part XII — Miscellaneous and General
### Status, etc.
##### 245
- (1) If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by the advice of Her Privy Council thinks fit so to do, She may by the charter confer on that district the status of a borough, and thereupon—
- (a) the council of the district shall bear the name of the council of the borough;
- (b) the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.
- (1A) Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive ...
- (2) A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.
- (3) No charter under subsection (1) above shall take effect before 1st April 1974.
- (4) Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—
- (a) the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and
- (b) the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;
those styles may be so used as from 1st April 1974.
- (4A) Where—
- (a) a council are operating executive arrangements which involve a mayor and cabinet executive ...; and
- (b) the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.
- (5) A district which has the status of a borough, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.
- (6) The council of a parish . . . which is not grouped with any other parish . . . may resolve that the parish . . . shall have the status of a town and thereupon—
- (a) the council of the parish . . . shall bear the name of the council of the town;
- (b) the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;
- (c) the parish meeting . . . shall have the style of town meeting.
- (7) A resolution under subsection (6) above shall cease to have effect if the parish . . . to which it relates ceases to exist.
- (7A) A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following—
- (a) an order under section 11;
- (b) a resolution under section 12A;
- (c) an order under section 86 of the Local Government and Public Involvement in Health Act 2007.
- (8) If a parish . . . council which has passed a resolution under subsection (6) above is dissolved without the parish . . . ceasing to exist, the dissolution shall not affect the status of the parish . . . or the application to it of paragraph (c) of that subsection and in England the parish trustees shall have the style of town trustees.
- (9) A parish . . . council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England . . . may resolve that the parish . . . shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish . . ..
- (10) The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.
##### 245A
- (1) Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.
- (2) No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.
- (3) No charter under this section shall take effect before 1st April 1996.
- (4) A county borough which has acquired that status by a charter under this section—
- (a) shall be a county borough; but
- (b) shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.
- (5) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.
##### 245B
- (1) The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.
- (2) Where a community has the status of a town—
- (a) the town council shall have the name of the community with the addition—
- (i) in English, of the words “Town Council”; and
- (ii) in Welsh, of the words “Cyngor Tref”;
- (b) the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and
- (c) the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.
- (3) Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.
- (4) Any such resolution shall cease to have effect if the community to which it relates ceases to exist.
- (5) If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.
- (6) A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.
- (7) On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.
- (8) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.
##### 246
- (1) Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.
- (2) A charter granted by Her Majesty under section 245 above with respect to a district may—
- (a) provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district being powers which are not exercised pursuant to subsection (4) or (5) below by charter trustees, shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;
- (b) provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough for which charter trustees are not constituted pursuant to subsection (4) or (5) below shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;
- (c) contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.
- (2A) Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised.
- (2B) Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate.
- (3) Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.
- (4) Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—
- (a) there shall as from that date be a body corporate by the name of “the Charter Trustees of the City” or “the Charter Trustees of the Town”, as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;
- (b) the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor; and
- (c) any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the charter trustees.
- (5) Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—
- (a) becomes a parish; or
- (b) becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;
the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.
- (6) Subsections (1), and (3) above and any order applying subsection (3) made pursuant to subsection (5) above shall have effect subject to subsection (2A) above, any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) If an area or part of an area for which charter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.
- (9) Where charter trustees have been constituted for an area which is altered by an order under Part 3 of the Local Government (Democracy) (Wales) Act 2013 and subsection (8) does not apply in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.
- (10) The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.
- (11) Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.
- (14) Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.
- (15) Section 168 above, except subsection (5), shall apply in relaton to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.
- (16) Sections 173 to 178 above and (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or community consisting of the area for which they act.
##### 247
- (1) Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 of section 20 above.
- (2) An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.
- (3) Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996.
##### 248
- (1) Subject to the following provisions of this section and Schedule 28A, nothing in this Act shall affect any person’s status, or the right of any person to be admitted, as a freeman of a place which is an existing borough; and in this section and Schedule 28A any such place is referred to as a city or town.
- (1A) Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted.
- (1B) The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born.
- (1C) In subsections (1A) and (1B) “*freeman*” excludes a freeman of the City of London.
- (1D) Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.
- (2) On and after 1st April 1974 the roll of persons admitted to the freedom of a city or town shall be kept by the proper officer of the relevant district council, that is to say, the council of the district which comprises the whole or the greater part of the city or town.
- (3) If at any time on or after 1st April 1974 any person claims to be admitted to the freedom of a city or town, the person's claim for admission shall be examined by the chairman of the relevant district council, as defined in subsection (2) above, and, if the person’s claim is established, the person's name shall be entered on the roll of persons admitted to the freedom of that city or town.
- (4) After 31st March 1974—
- (a) a person admitted to the freedom of a city or town,
- (b) any person who by marriage, descent, employment or otherwise is or has been related to or associated with a person admitted to the freedom of a city or town, and
- (c) any person who is or has been related by marriage to the widow or a child of a person admitted to the freedom of a city or town,
shall have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed on that date by a freeman of that city or town, by a person correspondingly related to or associated with such a freeman or, as the case may be, by a person correspondingly related by marriage to the widow or a child of such a freeman.
- (5) A person who is on 1st April 1974, or becomes thereafter, an inhabitant of a city or town shall, as such, have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed immediately before that date by an inhabitant of that city or town.
- (6) This section shall have effect in relation to Wales as if—
- (a) in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and
- (b) in subsection (2) the reference to the council of the district were a reference to the council of the principal area.
##### 249
- (1) A principal council may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, confer the title of honorary aldermen or honorary alderwomen on persons who have, in the opinion of the council, rendered eminent services to the council as past members of that council, but who are not then members of the council.
- (2) No honorary alderman or honorary alderwoman shall, while serving as a member of the council, be entitled to be addressed as alderman or alderwoman or to attend or take part in any civic ceremonies of the council as an alderman or alderwoman.
- (3) Services rendered to the council of an existing county, county borough, borough or urban or rural district the area of which becomes wholly or partly included in a new county or district shall be treated for the purposes of subsection (1) above as services rendered to the council of the new county or district, as the case may be.
- (4) An honorary alderman or honorary alderwoman of a principal council may attend and take part in such civic ceremonies as the council may from time to time decide, but shall not, as such, have the right—
- (a) to attend meetings of the council or a committee of the council (including a joint committee upon which they are represented); or
- (b) to receive any such allowances or other payments as are payable under sections 173 to 176 above or Part 8 of the Local Government (Wales) Measure 2011.
- (4A) A principal council may spend such reasonable sum as they think fit for the purpose of presenting an address, or a casket containing an address, to a person on whom they have conferred the title of honorary alderman or honorary alderwoman.
- (5) Subject as follows, a relevant authority may admit to be honorary freemen or honorary freewomen of the place or area for which it is the authority—
- (a) persons of distinction, and
- (b) persons who have, in the opinion of the authority, rendered eminent services to that place or area.
- (6) In this section “*relevant authority*” means—
- (a) a principal council;
- (b) a parish or community council;
- (c) charter trustees in England constituted—
- (i) under section 246 of the Local Government Act 1972,
- (ii) by the Charter Trustees Regulations 1996 (SI 1996/263), or
- (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007.
- (7) The power in subsection (5) above is exercisable by resolution of the relevant authority.
- (8) A resolution under subsection (7) above must be passed—
- (a) at a meeting of the relevant authority which is specially convened for the purpose and where notice of the object of the meeting has been given; and
- (b) by not less than two-thirds of the members of the relevant authority (or, in the case of charter trustees, of the trustees) who vote on it.
- (9) A relevant authority may spend such reasonable sum as it thinks fit for the purpose of presenting an address or a casket containing an address to a person on whom the authority has conferred the title of honorary freeman or honorary freewoman under subsection (5) above.
- (10) The admission of a person as honorary freeman or honorary freewoman does not confer on that person any of the rights referred to in section 248(4) above.
### Inquiries
##### 250
- (1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.
- (2) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, . . . :
- (a) no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and
- (b) nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.
- (3) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.
- (4) Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry . . . shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.
- (5) The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.
- (6) This section shall extend to local inquiries held by the Secretary of State under the provisions of the Local Government Act 1929 or the Ferries (Acquisition by Local Authorities) Act 1919.
### General
##### 251
- (1) Part I of Schedule 29 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.
- (2) The enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.
##### 252
- (1) Her Majesty may at any time, in any case where it appears to Her appropriate in consequence of the provisions of this Act, by Order in Council coming into force not earlier than 1st April 1974 make modifications of any enactments contained in any other public general Act passed before that date or any instrument made before that date under any such Act, being an instrument of a legislative character and not being an instrument in the nature of a local enactment, as may appear to Her to be necessary to make that enactment or instrument apply in relation to any particular class of new authority as it applies in relation to any particular class of local authority existing immediately before that date.
- (2) The modifications which may be made by an Order in Council under this section shall be in addition to those made by any other provision of this Act, but shall have effect subject to any such other modification, except those made by section 179 above.
- (3) No Order in Council shall be made under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.
##### 253
- (1) Any functions of any such public body as is specified in subsection (2) below may with their approval be transferred by an order made by the Secretary of State to any local authority whose area comprises the district of that body, or jointly to two or more local authorities whose areas together comprise that district.
- (2) This section applies to the following public bodies, that is to say, any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, or for providing or maintaining a cemetery or market in any place.
- (3) Any order under this section may contain such incidental, consequential, transitional and supplementary provision as may appear to the Secretary of State to be necessary or proper; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) In this section “*local authority*” includes the Common Council.
##### 254
- (1) The Secretary of State or any appropriate Minister may at any time by order make such incidental, consequential, transitional or supplementary provision as may appear to him—
- (a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
- (b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
- (2) An order under this section may in particular include provision—
- (a) with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;
- (b) with respect to the membership of any body so far as that membership consists of persons elected by, or appointed by or on the nomination of, any authority affected by this Act or any two or more bodies who include such an authority;
- (c) for applying with or without modifications, or amending, repealing, or revoking, with or without savings, any provision of an Act passed or an instrument under an Act made before 1st April 1974 and for making savings or additional savings from the effect of any repeal made by this Act;
- (d) for any of the matters specified in section 67 above;
- (e) without prejudice to paragraph (d) above, for dissolving any body corporate established by any Act passed or by any instrument under an Act made before 1st April 1974;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) for treating anything duly done before 1st April 1974 by any authority in the exercise of functions which on and after that date become functions of some other authority as having, from that date, been duly done by that other authority and for treating any instrument made before that date, if or so far as it was made in the exercise of those functions, as continuing in force on and after that date until varied or revoked in the exercise of those functions by that other authority;
- (i) for securing the continued discharge of functions in relation to the Confederation of the Cinque Ports and its courts (including so far as is necessary for that purpose, provision for the constitution of a body to replace any existing corporation), for appropriating property or providing funds for the discharge of functions as aforesaid, and otherwise for securing that anything required or authorised to be done by, to or in relation to the Confederation or any of its courts may continue to be done.
- (3) Subject to subsection (5) below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority outside Greater London in connection with the discharge of any of their functions, that is to say—
- any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,
- any notice or direction given or treated as given by or to such an authority,
- any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,
- any application, proposal or objection made or treated as made by or to such an authority,
- any condition or requirement imposed or treated as imposed by or on such an authority, or
- any appeal allowed by or in favour of or against such an authority,
shall, as from 1st April 1974, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority outside Greater London by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.
- (4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.
- (5) Subsection (3) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.
- (6) Section 68 above shall apply for the purposes of Parts I and II, section 214(1)(b) and this Part of this Act as if any reference to an order under Part IV of this Act included a reference to any provision of Part I or II of this Act or to section 214(1)(b) of this Act or to any provision of any instrument made under Part I or II or this Part of this Act.
- (7) A local authority to whom any charters or insignia of a borough abolished by Part I or II of this Act have been transferred by virtue of subsection (2)(a) above shall if practicable preserve them in the area of the borough as it existed immediately before 1st April 1974.
- (8) An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.
- (9) Any statutory instrument containing any other order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 255
- (1) Any of the following instruments under any of the provisions of this Act, that is to say an order under section 9, 10, 11, 27B, 27D, 27F, 27H, 27J or 27L, regulations or an order under section 67 or an order under section 198, 200, 201 or 254 may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.
- (2) In the case of any person who on 31st March 1974 is in the employment of one or more local authorities who are or include a council or municipal corporation which ceases to exist by virtue of section 1 or 20 above, the Secretary of State shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 1 or 20, that person would apart from the order cease on 1st April 1974 to be in such employment, that person is transferred on 1st April 1974 to the employment of such local authority as may be specified in or determined under the order.
- (3) Any such order or regulations as is or are referred to in subsection (1) or (2) above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—
- (a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and
- (b) the said new terms and conditions are such that—
- (i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
- (ii) the other terms and conditions of his employment,
are not less favourable than those which he enjoyed immediately before the date of transfer.
- (4) Subsections (2) and (3) above shall apply in relation to—
- (a) a police authority,
- (b) a burial board, joint burial board or joint committee which ceases to exist by virtue of section 214 above,
- (c) any prescribed association of local authorities the constituent members of which include councils falling within subsection (2) above, and
- (d) any prescribed association of committees of local authorities the constituent members of which include committees of councils falling within subsection (2) above,
as they apply in relation to a local authority who are a council which ceases to exist by virtue of section 1 or 20 above, but in their application to police authorities shall have effect as if any reference to a person in the employment of an authority were a reference to the civilian employees of a police authority.
- (5) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 256
- (1) This section applies to a person if—
- (a) at some time before 1st April 1974, or on that date but otherwise than by virtue of provision made by an order under section 255 above, he enters the employment of a new local authority (in this section referred to as “*his new employment*”), and
- (b) had he continued until 1st April 1974 in the employment (in this section referred to as “*his previous employment*”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of section 1 or 20 above, provision would have been made by an order under section 255(2) above for his transfer on that date to the employment of a specified local authority.
- (2) Where this section applies to a person, then for the purposes of section 28 of the Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the Contracts of Employment Act 1972 (minimum periods of notice)—
- (a) the period of employment in his previous employment shall count as a period of employment in his new employment, and
- (b) the change of employment shall not break the continuity of the period of employment.
##### 257
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##### 258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 259
- (1) The appropriate Minister shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.
- (2) Regulations under this section may—
- (a) include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,
- (b) make different provision for different classes of persons and for other different circumstances and make or authorise the appropriate Minister to make exceptions and conditions,
- (c) be framed so as to have effect from a date earlier than the making of the regulations,
but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
- (3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—
- (a) the provisions of any such order as is referred to in section 326(1) of the Public Health Act 1936;
- (b) an existing local authority ceasing, as respects the whole or any part of their area, to be a food authority within the meaning of the Food Safety Act 1990;
- (c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936—
- (d) the provisions of an order under section 46 of the Children and Young Persons Act 1969;
and, without prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions, as to compensation made for that case by section 326 of the Public Health Act 1936, . . . or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of the regulations apply.
- (4) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the appropriate Minister shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.
- (5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 260
- (1) In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 259(1) above, any person who—
- (a) is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and
- (b) attains or has attained the age of fifty on or before 31st March 1974, and
- (c) fulfils such other conditions as may be prescribed,
may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 259 above shall not, apply to him.
- (2) Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 259 above shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.
- (3) Subject to subsection (4) below, the Secretary of State shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—
- (a) at the date of his retirement he had attained the normal retiring age; and
- (b) the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.
- (4) Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.
- (5) Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 259 above.
- (6) In this section—
- “*normal retiring age*” means—
- (a) in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and
- (b) in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either case, such other age as may be prescribed;
- “*reckonable service*”, in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme; and
- “*relevant superannuation scheme*”, in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.
- (7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 261
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##### 262
- (1) Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—
- (a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1974 to, but only to, the area, things or persons to which or to whom it applies before that date;
- (b) have effect subject to any necessary modifications and to the modifications made by subsections (3) to (5) below;
but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.
- (2) Subsection (1) above shall have effect subject to the provisions of—
- (a) this Act, other than Part I of Schedule 29;
- (b) any Act passed after this Act and before 1st April 1974; and
- (c) any order made under section 254 above or the following provisions of this section.
- (3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1974 or to their area there were substituted a reference to the authority by whom those functions are exercisable on and after that date or, as the case may be, to so much of the area of the latter authority as comprises the area of the former authority or any part thereof.
- (4) In any local statutory provision to which this section applies and which does not fall within subsection (3) above—
- (a) for any reference to an existing county or its council there shall be substituted a reference to so much of the new county or counties as comprises the area of the existing county or any part thereof or, as the case may be, the council of that new county or the councils of those new counties;
- (b) for any reference to an existing county borough or county district or the council of either there shall be substituted a reference to so much of the new district or districts as comprises the area of the existing borough or district or any part thereof or, as the case may be, the council of that new district or the councils of those new districts.
- (5) In any local statutory provision to which this section applies which has effect in an area in Wales and which does not fall within subsection (3) above—
- (a) for any reference to a rural parish there shall be substituted a reference to the corresponding community;
- (b) for any reference to the council of any such parish which has a council, whether separate or common, there shall be substituted a reference to the council of the corresponding community; and
- (c) for any reference to the parish meeting of any such parish which has no council there shall be substituted a reference to the council of the new district which comprises the corresponding community.
- (6) Subsections (3) to (5) above shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of any of those subsections where it would otherwise conflict with any provision of the order.
- (7) So much of any local statutory provision—
- (a) as confers functions on the Secretary of State with respect to the determination of tolls or other charges with respect to any fair, or
- (b) as requires the submission to the Secretary of State of, or of proposals relating to, any scale of tolls or other charges with respect to any fair,
shall cease to have effect.
- (8) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 254 above, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—
- (a) extend the provision throughout the new local government area in which it is continued in force;
- (b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
- (c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;
- (d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;
- (e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provision of this Act except section 254 above and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;
- (f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.
- (9) All local statutory provisions to which this subsection applies shall cease to have effect in metropolitan counties at the end of 1979 and elsewhere at the end of 1984, but—
- (a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;
- (b) the Secretary of State may from time to time by order postpone the date on which all the local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.
- (10) An order under subsection (8) above which extends the area for which any local statutory provision is in force shall be provisional only.
- (11) An instrument containing any other order under subsection (8) above or an order under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (12) This section applies to any local statutory provision which is in force wholly outside Greater London (except in the Isles of Scilly) and so much of any local statutory provision which is in force partly in Greater London as is in force outside Greater London, being in either case a provision in force immediately before 1st April 1974 and not expressly repealed or revoked by this Act, and subsection (9) above applies to any such local statutory provision of the following descriptions—
- (a) a provision of a local Act, the Bill for which was promoted by a local authority;
- (b) a provision of an Act confirming a provisional order made on the application of a local authority;
- (c) a provision of an order made on such an application which was subject to special parliamentary procedure;
not being—
- (i) a provision by virtue of which functions are exercisable by a joint board continued in existence by virtue of section 263 below,
- (ii) a provision relating to a statutory undertaking,
- (iii) a provision relating to any person’s status, or the right of any person to be admitted, as a freeman of any place or the rights of any person by virtue of any relationship or association with such a freeman,
- (iv) a protective provision for the benefit of any person, or
- (v) a provision contained in the Green Belt (London and Home Counties) Act 1938.
- (13) In subsection (12) above “*local authority*” means—
- (a) the council of an administrative county, urban district or rural district;
- (b) the municipal corporation of a borough acting by the council of that borough;
- (c) any commissioners, trustees or other persons invested by any local Act with powers of town government or rating;
- (d) any local board constituted in pursuance of the Public Health Act 1848, the Local Government Act 1858, the Local Government (1858) Amendment Act 1861 or the Local Government Amendment Act 1863; or
- (e) without prejudice to the foregoing any body of persons constituted or designated as an urban or rural sanitary authority under the Public Health Act 1875;
and “*statutory undertaking*” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any telephone undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, . . . or district heating.
##### 263
- (1) Subject to the following provisions of this section, where an existing joint board, every constituent member of which is a local authority, was constituted by or under any enactment for exercising functions for any united district or other area (not being a port health district), then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the board shall continue to exist on and after 1st April 1974 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).
- (2) Subsection (1) above shall not apply to a joint board constituted for an area which on 1st April 1974 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable; and accordingly in any such case—
- (a) the functions of the board shall on 1st April 1974 become functions of that new local authority; and
- (b) the joint board shall cease to exist on that date.
- (3) Subject to the following provisions of this section, where a port health district was constituted by an order under Part I of the Public Health Act 1936 or an enactment replaced by that Part and an existing local authority or an existing joint board, every constituent member of which is a local authority, is the port health authority for that district, then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the district shall continue to exist as a port health district on and after 1st April 1974 and—
- (a) if on that date a single new local authority will become the riparian authority in relation to that district, then on that date that authority shall become the port health authority for that district and any existing joint board constituted for that district shall cease to exist; and
- (b) if on that date two or more new local authorities will become riparian authorities in relation to that district then, if the existing port health authority is a joint board, that board shall continue to exist and to be the port health authority for that district, but otherwise the new local authority whose area comprises or, as the case may be, abuts on the greater part of that district shall be the port health authority for that district.
- (4) Any question as to which authority’s area comprises or abuts on the greater part of a port health district shall be resolved by the Secretary of State.
- (5) Any existing joint committee constituted under section 91 of the 1933 Act or by or under any other enactment for the purpose of exercising functions for an area which on 1st April 1974 will lie within the areas of two or more new local authorities by whom those functions would apart from this subsection become exercisable on that date shall, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, continue to exist on and after that date as if appointed under Part VI of this Act by those new authorities and shall exercise those functions for the area for which the committee exercised them before that date, without prejudice, however, to the power of those new authorities to make different arrangements for the discharge of those functions under that Part.
- (6) The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 254 above.
- (7) Subsections (1) and (2) above shall not apply to any area wholly situated in Greater London or to a joint board for such an area, or to a joint planning board for a National Park, and subsections (3) and (4) above shall not apply to the Port of London.
- (8) The following provisions shall have effect for the construction of references to a local statutory provision to which section 262 above applies:—
- (a) any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section;
- (b) any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 1st April 1974 as comprises the united district or other area for which the board acted; and
- (c) any reference to an existing local authority whose functions as port health authority become exercisable on 1st April 1974 by virtue of subsection (3) above by a new local authority, or any reference which is to be construed as such a reference, shall be construed as a reference to that new local authority.
- (9) The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.
##### 264
##### 265
- (1) There shall continue to be a council for the Isles of Scilly to be known as the Council of the Isles of Scilly.
- (2) The Secretary of State may make an order providing for the constitution of the Council of the Isles of Scilly and otherwise for regulating the application of this Act to the Isles of Scilly and may on the application of the Council make an order providing for the exercise and performance there of any functions which are for the time being conferred or imposed on local authorities.
- (3) Any order made under this section may—
- (a) apply to the Isles of Scilly any other public general Act relating to local government;
- (b) provide for the contribution by the Isles of Scilly to Cornwall County Council in respect of costs incurred by the county council on matters specified in the order as benefiting the Isles of Scilly;
- (c) provide for all matters which appear to the Secretary of State necessary or proper for carrying the order into effect.
- (4) Any order in force immediately before 1st April 1974 under section 292 of the 1933 Act (application of that Act to the Isles of Scilly) shall have effect as if made under this section and may be varied or revoked accordingly.
##### 265A
- (1) Subject to subsections (2) and (3) below, the following provisions of this Act shall have effect as if the Broads Authority were a local authority and the Broads were its local government area—
- (a) section 70;
- (b) sections 80(1)(a) and (2), 85, 92, ... 99 and 100;
- (c) sections 101 to 106;
- (d) sections 111 to 119;
- (e) sections 120 to 123 and 128 to 131;
- (f) sections 135, 136, 138A, 138B, 139, 140, 140A, 140C, 143 and 144;
- (g) sections 153 and 173 to 177; and
- (h) sections 222, 223, 225, 228 to 234 and 239.
- (2) The Navigation Committee of the Broads Authority shall be treated, for the purposes of this Act and of any other enactment relating to the committees of local authorities (but subject to section 9 of the Norfolk and Suffolk Broads Act 1988), as a committee of the Authority appointed under section 102 of this Act.
- (3) Sections 120 to 123, 128 and 224 shall have effect as if the Authority were a principal council.
##### 266
- (1) Any power to make orders, rules or regulations conferred on any Minister or the Treasury by any provision of this Act other than section 261 above or paragraph 3 of Schedule 3 or paragraph 2 of Schedule 5 to this Act shall be exercisable by statutory instrument.
- (2) Any power to make an Order in Council or other order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.
##### 267
There shall be defrayed out of moneys provided by Parliament—
- (a) any expenses incurred by any Minister under this Act; and
- (b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.
##### 268
##### 269
In this Act “*Wales*” means the combined area of the preserved counties and “*England*” does not include any area which is included in any of the preserved counties.
##### 270
- (1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—
- ...
- “*appropriate Minister*”, in relation to the making of an order or regulation or the giving of a direction with respect to any matter, means the Minister in charge of any Government department concerned with that matter; but the validity of any order, regulation or direction purporting to be made or given by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;
- “*bank holiday break*” means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday;
- “*the Broads*” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
- “*Christmas break*” means the period beginning with the last week day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday;
- “*the City*” means the City of London;
- “*combined authority*” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;”;
- . . .
- “*Common Council*” means the Common Council of the City;
- “*county*”, without more, means, in relation to England, a metropolitan county or a non-metropolitan county , but in the expression “*county council*”, “*council of a county*”, “*county councillor*” and “*councillor of a county*” means, in relation to England, a non-metropolitan county only:;
- “*district*”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;
- “*Easter break*” means the period beginning with the Thursday before and ending with the Tuesday after Easter Day;
- “*economic prosperity board*” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
- “*elected mayor*” has —in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, andin relation to Wales, the same meaning as in Part II of the Local Government Act 2000;
- “*electoral area*” means any area for which councillors are elected to any local authority;
- “*executive*”, “*executive arrangements*” and “*executive leader*” have —in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, andin relation to Wales, the same meaning as in Part II of the Local Government Act 2000;
- . . .
- “*existing*”, in relation to a local government or other area or a local authority or other body, except in sections 1 and 20 above, means that area or body as it existed immediately before the passing of this Act;
- “*financial year*” means the period of twelve months ending with 31st March in any year;
- “*grouped*”, in relation to a parish or community, means grouped by or by virtue of any provision of this Act or any previous corresponding enactment under a common parish or community council, and “*grouping order*” shall be construed accordingly;
- “*joint authority*” means an authority established by Part IV of the Local Government Act 1985;
- “*land*” includes any interest in land and any easement or right in, to or over land;
- ...
- “leader and cabinet executive means”—in relation to England: a leader and cabinet executive (England);in relation to Wales: a leader and cabinet executive (Wales);
- “*leader and cabinet executive (England)*” has the same meaning as in Part 1A of the Local Government Act 2000;
- “*leader and cabinet executive (Wales)*” has the same meaning as in Part 2 of the Local Government Act 2000;
- “*local authority*” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;
- “*local government area*” means—in relation to England, a county, Greater London, a district, a London borough or a parish;in relation to Wales, a county, county borough or community;
- “*local government elector*” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
- “*local statutory provision*” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;
- “*mayor and cabinet executive*” ... has— in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, andin relation to Wales, the same meaning as in Part II of the Local Government Act 2000;
- “*new*”, in relation to any area or authority, means an area or authority established by or under this Act including one established by virtue of any provision of the Local Government (Wales) Act 1994;
- “*1933 Act*” means the Local Government Act 1933;
- “*1963 Act*” means the London Government Act 1963;
- “*open space*” has the meaning assigned to it by section 336(1) of the Town and Country Planning Act 1990;
- “*prescribed*” means prescribed by regulations made by the Secretary of State;
- “*preserved county*” means any county created by this Act as a county in Wales, as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of the Act of 1994, or any provision made under this Act, redrawing its boundaries;
- “*principal area*” means a non-metropolitan county, a district or a London borough but, in relation to Wales, means a county or county borough.;
- “*principal council*” means a council elected for a principal area;
- “*public body*” includes—a local authority and a joint board on which, and a joint committee on which, a local authority or parish meeting are represented;any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, for the supply of water to any place, or for providing or maintaining a cemetery or market in any place; andany other authority having powers of levying or issuing a precept for any rate for public purposes;and “*district*” means, in relation to a public body other than a local authority, the area for which the public body acts;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*specified papers*”, in relation to a parish or community, means the public books, writings and papers of the parish or community (including any photographic copies thereof) and all documents directed by law to be kept therewith;
- “*sub-national transport body*” means a sub-national transport body established under section 102E of the Local Transport Act 2008;
- “*the Temples*” means the Inner Temple and the Middle Temple;
- ...
- (2) In this Act and in any other enactment, whether passed before, at the same time as, or after this Act, the expression “*non-metropolitan county*” means any county other than a metropolitan county, and the expression “*non-metropolitan district*” means any district other than a metropolitan district.
- (3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.
- (4) In any provision of this Act which applies to a London borough, except Schedule 2 to this Act,—
- (a) any reference to the chairman of the council or of any class of councils comprising the council or to a member of a local authority shall be construed as or, as the case may be, as including a reference to the mayor of the borough;
- (b) any reference to the vice-chairman of the council or any such class of councils shall be construed as a reference to the deputy mayor of the borough; and
- (c) any reference to the proper officer of the council or any such class of councils shall be construed as a reference to the proper officer of the borough.
- (4A) Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive . . . , subsection (4) above shall have effect with the omission of paragraphs (a) and (b).
- (5) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.
##### 271
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Nothing contained in, or done by virtue of, any provision of this Act other than section 253 or section 254(2)(b) shall affect the functions of the conservators of any common.
- (3) The provisions of Part I of this Act shall not affect the continuance of the Confederation of the Cinque Ports.
- (4) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of Her Royal Prerogative.
- (5) Except as provided by Part X of this Act, nothing in this Act shall prejudice any right, duty or privilege of Her Majesty in right of the Duchy of Lancaster.
##### 272
- (1) The enactments specified in Schedule 30 to this Act (which include enactments that were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.
- (2) Without prejudice to section 38(1) of the Interpretation Act 1889, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 252, 254, 255, 259, or 262 of this Act, references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.
##### 273
- (1) The provisions of this Act to which this subsection applies shall, except so far as brought into force earlier by an order under subsection (2) below, come into force on 1st April 1974.
- (2) The Secretary of State may by order appoint an earlier date for the coming into force of any provision to which subsection (1) above applies and different days may be appointed under this subsection for different purposes and, in particular, different days may be so appointed for the coming into force of the same provision in different areas.
- (3) Subsection (1) above applies to the following provisions of this Act, that is to say—
- sections 13, 16(1) and (3) and 17;
- section 40;
- section 48(8) and (9);
- section 50(4) to (7);
- sections 53 to 59 and Schedule 8;
- section 62;
- section 75;
- section 89(6);
- section 100;
- Parts VI to XI, except as provided by subsections (4) and (5) below;
- section 251 and Schedule 29;
- section 262(3) to (7);
- section 272 and Schedule 30;
- paragraphs 5 to 9 and 10(2) of Schedule 6;
- in Schedule 12, Parts II and III, and Part VI so far as applicable to parish councils.
- (4) Subsection (1) above shall not apply to the following provisions of Parts VI to XI of this Act, that is to say—
- sections 104 and 106;
- section 110;
- section 117;
- section 138;
- section 169;
- section 181(3) to (9) and (11);
- so much of section 183 as confers a power to make or direct the making or amendment of development plan schemes and so much of section 182 as applies to the interpretation of the provisions relating to such schemes;
- section 186(6) and (7);
- section 190(4);
- section 192(3);
- section 196(6) to (9);
- section 197(2) and (3);
- section 198(3) and (4);
- section 200;
- section 201(3) and (4);
- section 202(4) to (8);
- section 205;
- section 207(2) to (8);
- section 215(4);
- section 220(4);
- section 232;
- section 242;
- section 243;
- paragraph 27(2) of Schedule 13 and so much of section 172 as relates thereto.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 274
- (1) This Act may be cited as the Local Government Act 1972.
- (2) . . . this Act shall not extend to Scotland.
- (3) . . ., this Act shall not extend to Northern Ireland.
## SCHEDULE 1
## Part III — Rules as to Boundaries
## Part II — Parish Councils
##### 7
- (1) A parish council shall in every year hold an annual meeting.
- (2) In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.
- (3) The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.
##### 8
- (1) A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine.
- (2) Those other meetings shall be held at such hour and on such days as the council may determine.
##### 9
- (1) An extraordinary meeting of a parish council may be called at any time by the chairman of the council.
- (2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.
##### 10
- (1) Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises 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 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 community council—
- (a) notice of the time and place of the intended meeting 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 be signed by 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 signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.
- (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.
- (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) Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a community council shall be by a show of hands.
- (2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.
## Part V — Community Meetings
##### 30
- (1) 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 poll consequent thereon, give one vote and no more on any question.
- (2) A question to be decided by a community meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.
- (3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.
- (4) A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless—
- (a) the poll is demanded by a majority of the local government electors present at the meeting, and
- (b) the electors demanding a poll constitute not less than—
- (i) 10% of the local government electors for the community, or
- (ii) 150 of the electors (if 10% of the electors exceeds 150 electors).
- (5) A poll consequent on a community meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to elections of community councillors under section 42 above and of the enactments mentioned in section 165(1) of the Representation of the People Act 1949 shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of community councillors.
- (6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.
##### 35
- (1) Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the 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 on such terms and conditions as the Treasury may determine.
- (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.
##### 38
If any person, in a poll consequent on a community meeting—
- (a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or
- (b) without due authority supplies a ballot paper to any person; or
- (c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or
- (d) fraudulently takes out of the polling station any ballot paper; or
- (e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers 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
The boundaries of the new local government areas shall be mered by Ordnance Survey.
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
Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the Local Government Act 1958 or section 6 of the 1963 Act by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.
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
The boundary dividing the Egerton ward of the urban district of Turton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Delph Brook to the end of the Reservoir Dam, thence to Blackburn Road north of Moss Cottages and thence north-eastwards to the ward boundary.
Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.
##### 4
The boundary dividing the borough of Whitley Bay referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the access road to Hartley West Farm, Hartley Lane, West End, the northern boundaries of Ordnance Survey parcels 0057, 2657 and 4156 and thence north-eastwards to the boundary of the borough.
Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.
##### 5
The boundary in the parish of Harraton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the link road C8 between Western Highway and Vigo Lane.
Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.
##### 6
The boundary dividing the parishes of East Harptree, West Harptree, Compton Martin, Ubley, Blagdon and Burrington referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine generally between the 500 ft. and 800 ft. contours on the northern slopes of the Mendip Hills to the vicinity of Burrington Camp and thence westwards to the boundary of the parish of Burrington.
Information relating to the adoption, care, fostering or education of any particular child.
##### 7
The boundary dividing the parish of Wexham referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the northern and eastern boundaries of Wexham Hospital, Wexham Park Lane, the eastern and southern boundaries of Ordnance Survey parcels 49, 48a, 31, 32, 33, 15, 14 and 13, Church Lane and Uxbridge Road south-westwards from Church Lane.
Information relating to the financial or business affairs of any particular person (other than the authority).
##### 8
The boundary dividing the parish of Christchurch East referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line from the neighbourhood of Barrett’s Copse to the River Mude in the neighbourhood of Waterhouse Farm and thence along that river downstream to the parish boundary.
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
The boundary dividing the parish of Sopley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Avon.
##### 10
The boundary dividing the parish of Herringfleet referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Blocka Lane, Blocka Road, Herringfleet Road, the southern boundaries of Ordnance Survey parcels 105B, 80, 77 and 78, and thence to the parish boundary.
##### 11
The boundary dividing the parish of Corton referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of an extension eastwards of the southern boundary of the parish of Hopton-on-Sea.
##### 12
The boundary dividing the parish of Horley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Mole, Burstow Stream, the railway from Horley to Earlswood and Crossoak Lane.
## Part IV — Divided Parishes
##### 1
The following areas shall be parishes, that is to say—
- (a) the part of the existing parish of Altcar in Lancashire;
- (b) the part of the existing parish of Altcar in Merseyside;
- (c) the part of the existing parish of Birtley in district (c) in Tyne and Wear;
- (d) the part of the existing parish of Blagdon in Avon;
- (e) the part of the existing parish of Bold in Merseyside;
- (f) the part of the existing parish of Burnham in Berkshire;
- (g) the part of the existing parish of Burnham in Buckinghamshire;
- (h) the part of the existing parish of Burrington in Avon;
- (i) the parts of the existing parishes of Charlwood and Horley in Surrey;
- (j) the part of the existing parish of Charlwood in West Sussex;
- (k) the part of the existing parish of Christchurch East in Dorset;
- (l) the part of the existing parish of Christchurch East in Hampshire;
- (m) the part of the existing parish of Compton Martin in Avon;
- (n) the part of the existing parish of Corton in Suffolk;
- (o) the part of the existing parish of East Harptree in Avon;
- (p) the part of the existing parish of Harraton in Durham;
- (q) the part of the existing parish of Harworth in Nottinghamshire;
- (r) the part of the existing parish of Herringfleet in Suffolk;
- (s) the part of the existing parish of Horley in West Sussex;
- (t) the part of the existing parish of Loxton in Avon;
- (u) the part of the existing parish of Lydiate in Merseyside;
- (v) the part of the existing parish of Sopley in Hampshire;
- (w) the part of the existing parish of South Biddick in Durham;
- (x) the part of the existing parish of Ubley in Avon;
- (y) the part of the existing parish of West Harptree in Avon;
- (z) the part of the existing parish of Wexham in Berkshire; and
- (za) the part of the existing parish of Wexham in Buckinghamshire.
##### 2
- (1) The part of the existing parish of Bold in Cheshire shall be added to the parish of Great Sankey.
- (2) The parts of the existing parishes of Blagdon, Burrington, Compton Martin, East Harptree, Ubley and West Harptree in Somerset shall be added to the parish of Priddy.
- (3) The part of the existing parish of Corton in Norfolk shall be added to the parish of Hopton-on-Sea.
- (4) The part of the existing parish of Harworth in South Yorkshire shall be added to the parish of Bawtry.
- (5) The part of the existing parish of Herringfleet in Norfolk shall be added to the parish of Fritton.
- (6) The part of the existing parish of Loxton in Somerset shall be added to the parish of East Brent.
- (7) The part of the existing parish of Lydiate in Lancashire shall be added to the parish of Downholland.
- (8) The part of the existing parish of Sopley in Dorset shall be added to the parish of Hurn.
##### 3
The parts of the existing parishes of Birtley, Harraton and South Biddick in district (e) in Tyne and Wear shall cease to be in any parish.
##### 4
Paragraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.
## Part V — Constitution of Parishes by Reference to existing Urban District and Borough Boundaries
##### 1
- (1) The English Commission shall consult the councils of existing counties, boroughs and urban districts and the committees established under section 264(1)(b) above with a view to making proposals to the Secretary of State for the constitution of parishes each of which has a boundary coterminous with that of—
- (a) an existing urban district or borough, the area of which is not divided by or under section 1 above between two or more districts, or
- (b) so much of an existing urban district or borough, the area of which is so divided, as is wholly comprised in a single district,
and for naming those parishes.
- (2) The Secretary of State may give the Commission directions for their guidance in making any such proposals.
##### 2
- (1) The Secretary of State shall by order give effect to any proposals under paragraph 1 above, either as made to him or with modifications, but except in so far as any such order specifies part of the boundary of a district as part of the boundary of a parish no such order may specify for a parish a boundary different from that of an existing urban district or borough.
- (2) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 3
The constitution of an area as a parish under this Part of this Schedule shall not affect—
- (a) the continued existence, subject to section 1(10) above, of the borough or urban district the area of which or of part of which is co-extensive with that of the parish, or
- (b) the power to make changes in local government areas under Part IV above.
##### 4
In this Part of this Schedule “*borough*” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.
## SCHEDULE 2
## Part I
### Constitution
##### 1
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.
### Chairman and mayor
##### 2
- (1) The . . . mayor of a London borough shall be elected annually by the council from among the councillors.
- (2) The . . . mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as . . . mayor.
- (3) During his term of office the . . . mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
- (4) . . . a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the . . . mayor to meet the expenses of his office.
- (5) The mayor of a London Borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty’s royal prerogative.
### Election of chairman and mayor
##### 3
- (1) The election of the . . . mayor shall be the first business transacted at the annual meeting of . . . a London borough council.
- (2) If, apart from paragraph 2(3) above . . ., the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with sub-paragraph (3) below.
- (3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Power of mayor of London borough to appoint deputy
##### 5
- (1) The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a newly elected mayor becomes entitled to act as mayor (whether or not he continues until that time to be a councillor).
- (2) The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.
- (3) The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.
- (4) A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.
### Modifications of preceding provisions
##### 5A
Where a London borough council are operating executive arrangements which involve a leader and cabinet executive—
- (a) paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
> (1A) A member of the executive of a London borough council may not be elected as the mayor of the borough.
- (b) paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
> (1A) A member of the executive of a London borough council may not be appointed as the deputy mayor.
##### 5B
Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.
##### 5C
- (1) The council shall consist of an elected mayor, a chairman and councillors.
- (2) A reference in this Act to a member of the council is a reference to—
- (a) the chairman of the council,
- (b) a councillor of the council, or
- (c) the elected mayor of the council.
##### 5D
Paragraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.
##### 5E
Paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
- (1A) A member of the executive of a London borough council may not be elected as the chairman of the council.
##### 5F
Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.
##### 5G
Paragraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.
##### 5H
Paragraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—
- (1) A London borough council shall appoint a member of the council to be vice-chairman of the council.
- (1A) A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.
- (2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
- (3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”
##### 5I
Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.
### Term of office and retirement of councillors
##### 6
- (1) . . . London borough councillors shall be elected by the local government electors for . . . the borough, . . ., in accordance with this Act and Part I of the Representation of the People Act 1983.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The ordinary election of London borough councillors shall take place in 1974 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Electoral divisions and wards
##### 7
- (1) Subject to the following provisions of this paragraph, for the purposes of the election of councillors—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under Part II of the Local Government Act 1992or Part 1 of the Local Government and Public Involvement in Health Act 2007or section 59 of the Local Democracy, Economic Development and Construction Act 2009;
and there shall be a separate election for each . . . ward.
- (2) Until provision is made as mentioned in sub-paragraph (1)(b) above by an order referred to in sub-paragraph (1)(b) above , the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## Part II
##### 9–14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 3
### Division of non-metropolitan counties into districts
##### 1
- (1) The English Commission shall as soon as practicable after the passing of this Act make proposals to the Secretary of State for the division of non-metropolitan counties into districts, for defining the areas of those districts and for naming them, and the Secretary of State may give the Commission directions for their guidance in making any such proposals.
- (2) The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifications, but an order shall not be made under this paragraph defining the areas of non-metropolitan districts unless a draft of the order has been approved by resolution of each House of Parliament.
- (3) An order under this paragraph shall, notwithstanding that it applies only to one or some of the non-metropolitan counties, proceed in Parliament as if its provisions would, apart from this paragraph, require to be enacted by a public Bill.
### County and district councillors
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
- (1) For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.
- (2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 6(2)(a) above shall not apply to any such election.
- (3) An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### First elections and meetings of new councils
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Parish councillors
##### 10
- (1) Until provision is made to the contrary under Part I of this Act, Part II of the Local Government Act 1992 or Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007or Part 3 of the Local Democracy, Economic Development and Construction Act 2009—
- (a) the number of councillors for a parish which immediately before the passing of this Act was a borough included in a rural district, not being a borough divided into wards, shall be the same as the number of councillors for that borough;
- (b) where any such borough was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the borough, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the borough;
- (c) the number of councillors for a parish which immediately before the passing of this Act was co-extensive with a rural district which is not divided into wards shall be the same as the number of councillors for that rural district; and
- (d) where a rural district which is co-extensive with a parish was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the rural district, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the rural district.
- (2) Until provision is made to the contrary under Part I of this Act, Part II of the Local Government Act 1992 or Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007or Part 3 of the Local Democracy, Economic Development and Construction Act 2009, the provisions of this sub-paragraph shall have effect with respect to the number of councillors for a parish constituted under Part V of Schedule 1 above and having an area co-extensive with that of an existing borough or urban district, that is to say—
- (a) if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;
- (b) if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;
- (c) if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;
- (d) if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number of councillors for the corresponding ward of the urban district;
and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.
- (3) In the case of a parish constituted under Part V of Schedule 1 above and having an area co-extensive with part only of an existing borough or urban district, the Secretary of State shall by order make such provision with respect to—
- (a) the number of councillors for the parish as a whole,
- (b) the division of the parish into wards, and
- (c) if the parish is so divided, the number of councillors for each ward,
as appears to him to correspond, in relation to the part of the existing borough or urban district concerned, to the provision made by paragraphs (a) to (d) of sub-paragraph (2) above in the case of a parish the area of which is co-extensive with that of the whole of an existing borough or urban district; and the provision made by any such order shall have effect until provision is made to the contrary under Part I of this Act, Part II of the Local Government Act 1992 or Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007or Part 3 of the Local Democracy, Economic Development and Construction Act 2009.
### Qualification for membership of local authority
##### 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Suspension of elections
##### 12
- (1) No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972 . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.
- (9) The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and—
- (a) the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and—
- (a) the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) As respects an existing county or borough (other than a London borough)—
- (a) no ordinary election of aldermen shall be held after the passing of this Act;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (14) The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.
##### 13
- (1) The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(2) above and also in relation to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish,—
- (a) references in this paragraph to the order are references to the order under the said Part V constituting the parish, and
- (b) references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.
- (2) As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district, and, if the parish is divided into wards in accordance with paragraph 10(2) above—
- (a) the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and
- (b) in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Where this paragraph applies to a parish, sub-paragraph (12)(c) and (13) of paragraph 12 above shall not apply in relation to the borough or urban district, as the case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.
##### 14
In the case of a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(3) above, the Secretary of State shall by order make such provision in relation to the councillors of the parish, the chairman and vice-chairman of the parish council and the aldermen and councillors of the borough, or as the case may be the councillors of the urban district, concerned as appears to him to be appropriate to secure for the parish and that borough or urban district a result corresponding, so far as practicable, with that produced in the case of a parish falling within paragraph 10(2) above, by sub-paragraphs (2) to (6) of paragraph 13 above.
### Annual meetings
##### 15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary
##### 18
In this Schedule “*relevant year of election*” means—
- (a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 9 to this Act;
- (b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule.
## SCHEDULE 4
## PART I — Counties
## PART II — County Boroughs
## PART III — The Preserved Counties And Their Areas
## Part IV
##### 1
The boundaries of the new local government areas shall be mered by Ordnance Survey.
##### 2
Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the Local Government Act 1958 by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.
## Schedule 5
### Election of councillors
##### 1
The elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.
### Electoral divisions
##### 2
- (1) For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) such consultations as he thinks appropriate.
- (2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral division.
- (3) There shall be a separate election of councillors for each electoral division.
- (4) An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.
### First elections of new councils
##### 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Declarations of acceptance of office
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### First meetings of new principal councils
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Qualification for membership
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Suspension of elections
##### 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Appropriate transition committee
##### 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Qualification for membership of local authority
##### 11
For the purposes of section 79 above, in its application to a candidate for membership of a new local authority, the new local government areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.
### Suspension of elections
##### 12
- (1) No election of councillors of an existing county, borough, urban or rural district or rural parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.
- (2) As respects an existing county or borough—
- (a) no ordinary election of aldermen shall be held after the passing of this Act;
- (b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and
- (c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.
- (3) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of—
- (a) chairman or vice-chairman of the council of an existing county or urban or rural district or of an existing parish council;
- (b) mayor of an existing borough; or
- (c) chairman of the parish meeting of an existing rural parish.
### Annual meetings
##### 13
In the year 1973 the annual meeting of a borough council shall be held on such day in the month of March, April or May as the council may fix.
##### 14
In the year 1974 it shall not be necessary for the parish meeting of a rural parish to assemble as required by paragraph 1(1) of Part VI of Schedule 3 to the 1933 Act.
### Supplemental
##### 15
In this Schedule “*relevant year of election*” means—
- (a) in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 10 to this Act;
- (b) in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule;
- (c) in relation to community councillors, the first ordinary year of election of such councillors occurring after the making of the order or the last of the orders with respect to the district comprising the community in consequence of the special community review under that Schedule.
## SCHEDULE 6
## SCHEDULE 7
##### 1
- (1) The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than five other members.
- (2) The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with the terms of their respective appointments.
- (3) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.
##### 2
There shall be paid to each member of the Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
##### 3
- (1) The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.
- (2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.
##### 4
At any meeting of the Commission three shall be the quorum.
##### 5
All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.
##### 6
Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.
### Officers and servants, remuneration and expenses
##### 7
- (1) The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as he may, with the approval of the Minister for the Civil Service, determine.
- (2) Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.
- (3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.
##### 8
The expenses of the Commission including—
- (a) the salaries, fees and allowances of its members,
- (b) the remuneration and any expenses paid to an assistant commissioner, and
- (c) the remuneration and any expenses paid to the secretary and other officers and servants of the Commission,
together with the fees and allowances paid to persons appointed under paragraph 3 above shall be defrayed out of moneys provided by Parliament.
### Proof of documents
##### 9
- (1) Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission.
- (2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.
## SCHEDULE 8
##### 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Officers and servants, remuneration and expenses
##### 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Proof of documents
##### 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 9
##### 1
As soon as practicable after the first election of councillors for any new district in England the English Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.
##### 2
The provisions of Part IV of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required—
- (a) the English Commission to submit a report for any district before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 1 above (whether as submitted to him or with modifications).
##### 3
As soon as practicable after the last order has been made under section 51 above by virtue of paragraph 2 above in relation to the districts in a county the English Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.
##### 4
The provisions of Part IV of this Act shall apply to a review under paragraph 3 above as they apply to a review under section 50 above, but in its application to a review under that paragraph section 51 above shall have effect as if it required—
- (a) the English Commission to submit a report for any county before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 3 above (whether as submitted to him or with modifications).
## SCHEDULE 10
### Special community reviews
##### 1
As soon as practicable after 1st April 1974 the Welsh Commission shall conduct a review (to be known as the special community review) of the whole of Wales for the purpose of making proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means—
- (a) the alteration of a community;
- (b) the constitution of a new community by the amalgamation of communities or by the aggregation of parts of communities or by the separation of part of a community;
- (c) the abolition of a community and the distribution of its area among other communities;
- (d) the inclusion in a district of an area forming part of a county but not of a district and the constitution of a new community by—
- (i) the establishment of the whole or part of that area as a community; or
- (ii) the aggregation of the whole of that area or any part of it with one or more communities or parts of communities;
- (e) the alteration of the area of a county or a district in consequence of any such change;
and any proposals made by the Commission may include a proposal that the area of a community should be co-extensive with the area of a district.
##### 2
In conducting the special community review the Welsh Commission shall also consider whether any community established by section 20 above or proposed to be constituted in consequence of the review (other than a community which it is proposed should be or remain co-extensive with the area of a district) should—
- (a) have a separate community council;
- (b) be grouped under a common community council; or
- (c) should not have a community council, whether separate or common;
and shall, if they think fit, make proposals accordingly.
##### 3
In considering whether to formulate proposals under paragraph 1 or 2 above the Welsh Commission shall have regard to the wishes of the inhabitants of the areas in question.
##### 4
If in conducting the special community review the Welsh Commission consider it desirable that a poll of local government electors of a community or part of a community should be taken on any question, they may arrange for such a poll to be taken and paragraphs 34(5), 37 and 38 of Schedule 12 to this Act shall apply to the poll as they apply to a poll consequent on a community meeting.
##### 5
In conducting the special community review the Welsh Commission shall also review the electoral arrangements for every community, having regard to any proposals which they propose to make in relation to the community under paragraph 1 or 2 above and also to the desirability of making any change in those arrangements apart from those proposals and shall make such proposals, if any, as they think fit with respect to those arrangements.
##### 6
Without prejudice to any direction given by the Secretary of State under section 59 above, where in the course of the special community review the Welsh Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review of any part of Wales, they shall submit a report to him on the review of that part of Wales, together with the proposals they have formulated thereon or, as the case may be, a notification that they have no proposals to put forward thereon.
##### 7
On receipt of a report under paragraph 6 above the Secretary of State shall either make an order giving effect to any proposals of the Welsh Commission submitted with the report (whether as submitted or with modifications) or make an order providing for the continuation of the existing arrangements applicable to the community or communities in question.
##### 8
If in relation to any area the Secretary of State decides to make an order under paragraph 7 above giving effect with modifications to any of the Welsh Commission’s proposals with respect to the boundaries of communities or the establishment of community councils, he may, if he thinks fit, direct the Commission to conduct a review or further review, as the case may be, of the electoral arrangements for the whole or part of that area and to make revised proposals with respect to those arrangements within a time specified in the direction.
##### 9
The following provisions of this Act, that is to say, sections 59, 60(1), (2), (5), (6) and (7), 61, 65, 67, 68, 69 and 78 shall apply in relation to the special community review and any order made in consequence thereof as they apply in relation to a review under Part IV of this Act and any order made in consequence thereof.
### Review of electoral arrangements for districts, etc.
##### 10
As soon as practicable after the completion of the special community review so far as it relates to any district, the Welsh Commission shall review the electoral arrangements for that district for the purpose of considering future electoral arrangements for the district and shall formulate proposals for those arrangements accordingly.
##### 11
For the purposes of paragraph 10 and section 55(2) above the special community review shall be taken to have been completed so far as it relates to any district when the Secretary of State announces his final decision on the last of the orders which he proposes to make under paragraph 7 above with respect to the communities in that district.
##### 12
The provisions of Part IV of this Act shall apply to a review under paragraph 10 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required—
- (a) the Welsh Commission to submit a report for any district before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 10 above (whether as submitted to him or with modifications).
### Review of electoral arrangements for counties
##### 13
As soon as practicable after the last order has been made under section 58 above by virtue of paragraph 12 above in relation to the districts in a county the Welsh Commission shall review the electoral arrangements for that county for the purpose of considering future electoral arrangements for the county and shall formulate proposals for those arrangements accordingly.
##### 14
The provisions of Part IV of this Act shall apply to a review under paragraph 13 above as they apply to a review under section 57 above, but in its application to a review under that paragraph section 58 above shall have effect as if it required—
- (a) the Welsh Commission to submit a report for any county before such date as the Secretary of State may direct, and
- (b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under paragraph 13 above (whether as submitted to him or with modifications).
### Supplemental
##### 15
Nothing in this Schedule shall be construed as empowering the making of any alteration to the boundaries between any county in England and any county in Wales.
## SCHEDULE 11
### Counties
##### 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Welsh counties and county boroughs
##### 1A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Districts and London boroughs
##### 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Parishes and communities
##### 4
- (1) This paragraph applies to the consideration . . ., . . . by a Welsh principal council or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).
- (2) In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether—
- (a) the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and
- (b) it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.
- (3) Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to—
- (a) any change in the number or distribution of the local government electors of the parish or community which is likely to take place within the period of five years immediately following the consideration;
- (b) the desirability of fixing boundaries which are and will remain easily identifiable; and
- (c) any local ties which will be broken by the fixing of any particular boundaries.
- (4) Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.
##### 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 12
## Part I — Principal Councils
##### 1
- (1) A principal council shall in every year hold an annual meeting.
- (2) The annual meeting of a principal council . . . shall be held—
- (a) in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
- (aa) in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
- (b) in any other year, on such day in the month of March, April or May as the council may fix.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.
##### 2
- (1) A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.
- (2) Those other meetings shall be held at such hour and on such days as the council may determine.
##### 3
- (1) An extraordinary meeting of a principal council may be called at any time by the chairman of the council.
- (2) If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed . . . by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then . . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.
##### 4
- (1) Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.
- (1A) Five clear days at least before a meeting of a principal council in England—
- (a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and
- (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, shall be sent to every member of the council by an appropriate method.
- (1B) In sub-paragraph (1A)—
- (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 specified an address other than the member’s usual place of residence, leaving it at, or sending it by post to, that different address, or
- (iii) 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.
- (2) Three clear days at least before a meeting of a principal council in Wales—
- (a) notice of the time and place of the intended meeting shall be published at the council’s offices, and where the meeting is called by members of the council the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and
- (b) a summons to attend the meeting, specifying the business to be transacted thereat, and signed by the proper officer of the council, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the council.
- (3) If a member of a principal council in Wales gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.
- (4) Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.
- (5) Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.
##### 4A
- (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
- (2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 5
- (1) At a meeting of a principal council the chairman, if present, shall preside.
- (2) If the chairman is absent from a meeting of a principal council, then—
- (a) . . ., the vice-chairman of the council, if present, shall preside;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) in the case of a London borough council, the deputy mayor, if at that time he remains a councillor . . . and is chosen for that purpose by the members of the council then present, shall preside.
- (3) If—
- (a) in the case of a principal council . . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;
another member of the council chosen by the members of the council present shall preside.
- (4) A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.
- (5) Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive . . . . ”
##### 6
Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.
## Part IA — Joint Authorities and Inner London Education Authority
##### 6A
- (1) Paragraph 1 above applies to a joint authority , an economic prosperity board, or a combined authority.... . . as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6B
The other provisions of Part I of this Schedule other than paragraph 6ZA shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that
- (a) the number of members mentioned in paragraph 3(2) shall be three, ...
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## Part II — Parish Councils
##### 7
- (1) A parish council shall in every year hold an annual meeting.
- (2) In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.
- (3) The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.
##### 8
- (1) A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine.
- (2) Those other meetings shall be held at such hour and on such days as the council may determine.
##### 9
- (1) An extraordinary meeting of a parish council may be called at any time by the chairman of the council.
- (2) If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.
##### 10
- (1) Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises 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 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 community council—
- (a) notice of the time and place of the intended meeting 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 be signed by 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 signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.
- (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.
- (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) Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a community council shall be by a show of hands.
- (2) On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.
## Part V — Community Meetings
##### 30
- (1) 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 poll consequent thereon, give one vote and no more on any question.
- (2) A question to be decided by a community meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.
- (3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.
- (4) A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless—
- (a) the poll is demanded by a majority of the local government electors present at the meeting, and
- (b) the electors demanding a poll constitute not less than—
- (i) 10% of the local government electors for the community, or
- (ii) 150 of the electors (if 10% of the electors exceeds 150 electors).
- (5) A poll consequent on a community meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to elections of community councillors under section 42 above and of the enactments mentioned in section 165(1) of the Representation of the People Act 1949 shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of community councillors.
- (6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.
##### 35
- (1) Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the 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 on such terms and conditions as the Treasury may determine.
- (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.
##### 38
If any person, in a poll consequent on a community meeting—
- (a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or
- (b) without due authority supplies a ballot paper to any person; or
- (c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or
- (d) fraudulently takes out of the polling station any ballot paper; or
- (e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers 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 pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
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
@@ -14342,6 +14342,8 @@
[^key-d611f23c086094df396dae3a31e30d4e]: [S. 222](https://www.legislation.gov.uk/ukpga/1972/70/section/222) modified (3.3.2017) by [The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251)](https://www.legislation.gov.uk/uksi/2017/251), [arts. 1(2)(b)](https://www.legislation.gov.uk/uksi/2017/251/article/1/2/b), [13(c)](https://www.legislation.gov.uk/uksi/2017/251/article/13/c)
[^key-db2becfbba960968404de35864483d73]: Words in Sch. 12A para. 9 inserted (E.) (27.3.2017) by [The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (S.I. 2017/276)](https://www.legislation.gov.uk/uksi/2017/276), [regs. 1](https://www.legislation.gov.uk/uksi/2017/276/regulation/1), [2(2)](https://www.legislation.gov.uk/uksi/2017/276/regulation/2/2)
[^M_F_20ba057f-d7c3-4cf9-c3b1-b5e21337c334]: Words in s. 233(11) repealed (1.4.2002) by [2001 c. 16](https://www.legislation.gov.uk/ukpga/2001/16), [s. 137](https://www.legislation.gov.uk/ukpga/2001/16/section/137), [Sch. 7 Pt. 5(1)](https://www.legislation.gov.uk/ukpga/2001/16/schedule/7/part/5/1); [S.I. 2002/344](https://www.legislation.gov.uk/uksi/2002/344), [art. 3(j)(m)](https://www.legislation.gov.uk/uksi/2002/344/article/3/j/m) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2002/344/article/4))
[^M_F_ff3c5381-e381-4e7c-9c51-c5352b99f18c]: Words in [s. 234(4)](https://www.legislation.gov.uk/ukpga/1972/70/section/234/4) repealed (1.4.2002) by [2001 c. 16](https://www.legislation.gov.uk/ukpga/2001/16), [s. 137](https://www.legislation.gov.uk/ukpga/2001/16/section/137), [Sch. 6 para. 31](https://www.legislation.gov.uk/ukpga/2001/16/schedule/6/paragraph/31), [Sch. 7 Pt. 5(1)](https://www.legislation.gov.uk/ukpga/2001/16/schedule/7/part/5/1); [S.I. 2002/344](https://www.legislation.gov.uk/uksi/2002/344), [art. 3(j)(m)](https://www.legislation.gov.uk/uksi/2002/344/article/3/j/m) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2002/344/article/4))
@@ -14358,7 +14360,7 @@
#### Local Government Boundary Commission for Wales.
#### Qualifications for election and holding office as member of local authority.
#### Disqualifications for election and holding office as member of local authority.
#### Exceptions to provisions of section 80.
@@ -14370,1036 +14372,1036 @@
#### Additional rights of access to documents for members of principal councils.
#### Arrangements for discharge of functions by local authorities.
#### Appointment of committees.
#### Security to be taken in relation to officers.
#### Disposal of land by principal councils.
#### Disposal of land held by parishes and communities.
#### Appointment of committees.
#### Accountability of officers.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consents to land transactions by local authorities and protection of purchasers.
#### Powers of principal councils with respect to emergencies or disasters.
#### Traffic and transportation functions.
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Fire services.
#### Public transport in passenger transport areas.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Charities.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Term of office of persons filling casual vacancies.
#### Term of office of persons filling casual vacancies.
#### Principal councils to publish additional information.
#### Interpretation and application of Part VA.
#### Appointment of staff.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Ordnance survey.
#### Ordnance survey.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Charities.
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Term of office of persons filling casual vacancies.
#### Term of office of persons filling casual vacancies.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to direct inquiries.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Repeals.
#### Maintenance of a closed churchyard.
## PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
##### 1
Information relating to any individual.
##### 2
Information which is likely to reveal the identity of an individual.
##### 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
##### 4
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.
##### 5
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 6
Information which reveals that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 7
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
## PART 2 — QUALIFICATIONS: ENGLAND
## PART 3 — INTERPRETATION: ENGLAND
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
##### 16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 17
Information which reveals that the authority proposes —
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 19
Information falling within paragraph 14 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.
##### 20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
##### 21
Information which —
- (a) falls within any of paragraphs 12 to 15, 17 and 18 above; and
- (b) is not prevented from being exempt by virtue of paragraph 19 or 20 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.
##### 22
- (1) In Parts 4 and 5 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 4 and 5 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.
##### 23
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.
##### 24
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—
- (a) any legal proceedings by or against the authority, or
- (b) the determination of any matter affecting the authority,
(whether, in either case, proceedings have been commenced or are in contemplation).
##### 25
Information which, if disclosed to the public, would reveal that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 26
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 27
The identity of a protected informant.
## PART 5 — QUALIFICATIONS: WALES
##### 28
Information relating to a person of a description specified in any of paragraphs 12 to 17 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.
##### 29
Information falling within paragraph 19 above is not exempt information by virtue of that paragraph if it is required to be registered under—
- (a) the Companies Act 1985 ;
- (b) the Friendly Societies Act 1974 ;
- (c) the Industrial and Provident Societies Acts 1965 to 1978 ;
- (d) the Building Societies Act 1986 ; or
- (e) the Charities Act 1960 .
##### 30
Information falling within paragraph 20 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.
##### 31
Information falling within paragraph 21 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.
##### 32
Information falling within paragraph 23 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.
##### 33
Information falling within paragraph 25 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.
##### 34
Information falling within any paragraph of Part 4 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. 1992/1492).
## PART 6 — INTERPRETATION: WALES
##### 35
- (1) In Parts 4 and 5 and this Part of this Schedule—
- “*child*” means a person under the age of eighteen years and any person who has attained that age and—is registered as a pupil at a school; oris the subject of a care order, within the meaning of section 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—any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (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;
- “*protected informant*” means a person giving the authority information which tends to show that—a criminal offence,a breach of statutory duty,a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990 , ora nuisance,has been, or 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 Act 1980 (estimated cost of carrying out functional work by direct labour).
- (2) Any reference in Parts 4 and 5 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.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Temporary appointment of members of parish and community councils.
#### Access to agenda and connected reports.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Repeals.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Principal councils’ funds and accounts.
#### Sites for gipsy encampments.
#### Repeals.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions to provisions of section 80.
#### Admission to meetings of principal councils.
#### Exempt information and power to vary Schedule 12A.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Parish councillors.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Constitution of principal councils in Wales.
#### Election of chairman.
#### Filling of casual vacancies in case of councillors.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 27A
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27B
- (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27A are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
- (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
- (a) the community is separated from the group, or
- (b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
- (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.
##### 27C
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27D
- (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27C are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for.
##### 27E
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.
- (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27F
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27E are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) The order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and
- (b) provide for the dissolution of the separate community council of any community included in the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27G
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.
- (6) For the purposes of the third condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.
- (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).
- (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.
- (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27H
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27G are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and
- (b) provide for the dissolution of any separate community council for the community that is added to the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27I
- (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.
- (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27J
- (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27I are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27K
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.
- (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27L
- (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27K are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27M
- (1) The Welsh Ministers may by order amend the following provisions of this Act—
- (a) section 27A(3) and (6);
- (b) section 27C(3) and (6);
- (c) section 27E(3) and (6);
- (d) section 27G(3), (4), (6) and (7);
- (e) section 27I(3) and (6);
- (f) section 27K(3) and (6).
- (2) That power includes power to amend provision previously made by an order under subsection (1).
- (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—
- (a) principal councils in Wales or a body representative of such councils; and
- (b) community councils in Wales or a body representative of such councils.
- (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
- (5) A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
##### 57A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 237ZA
A byelaw made under section 235 may include provision for or in connection with—
- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and
- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
- (1) This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.
- (2) The council must, during the relevant period, perform one of the actions described in subsection (4).
- (3) If the council chooses to perform more than one action, the council may do so during or after the relevant period.
- (4) The actions referred to in subsection (2) are as follows—
- (a) to exercise the council's functions in accordance with the question in relation to which the poll was taken;
- (b) to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);
- (c) to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;
- (d) to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;
- (e) to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;
- (f) to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.
- (5) In this section the “*relevant period*” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.
##### 33C
- (1) As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—
- (a) describes what action the council has taken in response to the community poll to which the notice relates, and
- (b) describes what further action (if any) the council intends to take.
- (2) If notice cannot be given to the chairman of, or person who presided at, the community meeting—
- (a) in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;
- (b) in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.
- (3) Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.
- (4) In subsection (3), “*relevant convening notice*” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.
- (5) Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.
- (6) The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.
#### Principal councils to publish additional information.
#### Interpretation and application of Part VA.
#### Subsidiary powers of local authorities.
##### 26A
- (1) This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.
- (2) The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.
- (3) If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.
- (4) In sub-paragraph (2) “*relevant period*” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.
##### 29A
- (1) This paragraph applies where—
- (a) a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,
- (b) that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and
- (c) the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.
- (2) The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.
- (3) Notice under sub-paragraph (2) above must be given—
- (a) subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and
- (b) as soon as is reasonably practicable after the meeting of the community council was held.
- (4) Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.
- (5) The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.
- (6) Where a principal council is given notice under sub-paragraph (4)—
- (a) the council must, as soon as reasonably practicable, send the notice to the individual concerned, and
- (b) for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.
- (7) The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.
- (8) In this paragraph—
- “*anonymous registrant in the register of local government electors*” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;
- “*relevant convening notice*” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;
- “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30A
A community meeting may also be convened at any time by not less than—
- (a) 10% of the local government electors for the community, or
- (b) 50 of the electors (if 10% of the electors exceeds 50 electors).
##### 30B
- (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—
- (a) in a case where there is a community council for the community, to the community council, or
- (b) in a case where there is no community council for the community, to the principal council within whose area the community lies.
- (2) The notice must contain—
- (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;
- (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;
- (c) the business which is proposed to be transacted at the meeting;
- (d) the proposed time and place at which the meeting is to be held.
- (3) The notice must be given—
- (a) in writing (but not in an electronic form), or
- (b) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.
- (4) In sub-paragraph (2) above—
- (a) “*address*” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;
- (b) “*signature*” means—
- (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;
- (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.
- (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.
- (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—
- (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and
- (b) need not include a signature in respect of the individual.
- (7) Where a notice is in electronic form, it is to be treated as given to a principal council or community council when the notice is given in accordance with whatever requirements the principal council has set as to the giving of such notices under paragraph 30C(2) below.
##### 30C
- (1) For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).
- (2) A principal council must set for its area and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—
- (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and
- (b) the other technical requirements to be met by and in relation to an electronic notice.
##### 30D
- (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—
- (a) whether the group of individuals to whom the notice relates is comprised of—
- (i) at least 50 local government electors for the community in question, or
- (ii) at least 10% of the local government electors for the community in question, and
- (b) whether the notice meets the requirements of paragraph 30B above.
- (2) If the council is of the opinion that—
- (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and
- (b) the notice meets the requirements of paragraph 30B above,
the council must give a public notice in accordance with paragraph 30E below.
- (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.
- (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.
- (5) In sub-paragraph (4) above, “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30E
- (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.
- (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.
- (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.
- (4) The public notice must—
- (a) specify the time and place of the intended meeting;
- (b) specify the business to be transacted at the meeting;
- (c) be signed by the proper officer.
- (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.
- (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.
- (7) Public notice of a community meeting shall be given—
- (a) by posting a notice of the meeting in some conspicuous place or places in the community,
- (aa) by publishing the notice electronically, and
- (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.
- (8) 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.
##### 38A
- (1) This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.
- (2) This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.
- (3) The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—
- (a) the question posed by the poll, and
- (b) the fact that that a majority of those voting were in favour of that question.
- (4) In sub-paragraph (3) above, “*relevant principal council*” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.
- (5) The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.
- (6) A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 38B
- (1) Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.
- (2) Those descriptions are—
- (a) a question which relates only to the functions of the principal council,
- (b) a question which relates only to the functions of a community council for the relevant community,
- (c) a question which relates to the functions of the principal council and the functions of a community council for the relevant community.
- (3) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).
- (4) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (5) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—
- (a) to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and
- (b) to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (6) A notice required to be given by this paragraph must—
- (a) be given in writing,
- (b) be given as soon as is reasonably practicable after the date of determination, and
- (c) include the monitoring officer's reasons for the determination to which the notice relates.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sites for gipsy encampments.
#### Ordnance survey.
#### Fire services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 24A
- (1) A principal council may determine to have a presiding member.
- (2) A presiding member is elected by the principal council from among the councillors.
- (3) The principal council may determine—
- (a) the functions of the presiding member, and
- (b) the term of office of the member (subject to the limits in subsection (6)).
- (4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
- (5) A member of the executive of a principal council may not be elected as its presiding member.
- (6) A presiding member is to continue in office until the occurrence of—
- (a) the presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as presiding member,
- (c) the principal council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
##### 24B
- (1) The section applies where a principal council have determined to have a presiding member.
- (2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
- (3) A member of the executive of a principal council may not be appointed as the deputy presiding member.
- (4) A deputy presiding member is to continue in office until the occurrence of—
- (a) the deputy presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as deputy presiding member,
- (c) the council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
- (5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
##### 25B
- (1) This section applies where—
- (a) a principal council have determined to have a presiding member under section 24A, and
- (b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
- (2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
- (3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to direct inquiries.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Repeals.
#### Maintenance of a closed churchyard.
## PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
##### 1
Information relating to any individual.
##### 2
Information which is likely to reveal the identity of an individual.
##### 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
##### 4
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.
##### 5
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 6
Information which reveals that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 7
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
## PART 2 — QUALIFICATIONS: ENGLAND
## PART 3 — INTERPRETATION: ENGLAND
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
##### 16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 17
Information which reveals that the authority proposes —
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 19
Information falling within paragraph 14 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.
##### 20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
##### 21
Information which —
- (a) falls within any of paragraphs 12 to 15, 17 and 18 above; and
- (b) is not prevented from being exempt by virtue of paragraph 19 or 20 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.
##### 22
- (1) In Parts 4 and 5 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 4 and 5 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.
##### 23
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.
##### 24
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—
- (a) any legal proceedings by or against the authority, or
- (b) the determination of any matter affecting the authority,
(whether, in either case, proceedings have been commenced or are in contemplation).
##### 25
Information which, if disclosed to the public, would reveal that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 26
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 27
The identity of a protected informant.
## PART 5 — QUALIFICATIONS: WALES
##### 28
Information relating to a person of a description specified in any of paragraphs 12 to 17 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.
##### 29
Information falling within paragraph 19 above is not exempt information by virtue of that paragraph if it is required to be registered under—
- (a) the Companies Act 1985 ;
- (b) the Friendly Societies Act 1974 ;
- (c) the Industrial and Provident Societies Acts 1965 to 1978 ;
- (d) the Building Societies Act 1986 ; or
- (e) the Charities Act 1960 .
##### 30
Information falling within paragraph 20 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.
##### 31
Information falling within paragraph 21 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.
##### 32
Information falling within paragraph 23 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.
##### 33
Information falling within paragraph 25 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.
##### 34
Information falling within any paragraph of Part 4 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. 1992/1492).
## PART 6 — INTERPRETATION: WALES
##### 35
- (1) In Parts 4 and 5 and this Part of this Schedule—
- “*child*” means a person under the age of eighteen years and any person who has attained that age and—is registered as a pupil at a school; oris the subject of a care order, within the meaning of section 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—any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (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;
- “*protected informant*” means a person giving the authority information which tends to show that—a criminal offence,a breach of statutory duty,a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990 , ora nuisance,has been, or 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 Act 1980 (estimated cost of carrying out functional work by direct labour).
- (2) Any reference in Parts 4 and 5 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.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Term of office of persons filling casual vacancies.
#### Admission to meetings of principal councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Savings.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Principal councils’ funds and accounts.
#### Sites for gipsy encampments.
#### Repeals.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Validity of acts done by unqualified persons.
#### Admission to meetings of principal councils.
#### Exempt information and power to vary Schedule 12A.
#### Charities.
#### Parish councillors.
#### Appointed councillors
#### New principal local government areas in Wales.
#### Chairman.
#### Filling of casual vacancy in case of chairman, etc.
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 27A
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27B
- (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27A are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
- (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
- (a) the community is separated from the group, or
- (b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
- (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.
##### 27C
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27D
- (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27C are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for.
##### 27E
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.
- (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27F
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27E are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) The order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and
- (b) provide for the dissolution of the separate community council of any community included in the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27G
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.
- (6) For the purposes of the third condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.
- (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).
- (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.
- (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27H
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27G are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and
- (b) provide for the dissolution of any separate community council for the community that is added to the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27I
- (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.
- (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27J
- (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27I are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27K
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.
- (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27L
- (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27K are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27M
- (1) The Welsh Ministers may by order amend the following provisions of this Act—
- (a) section 27A(3) and (6);
- (b) section 27C(3) and (6);
- (c) section 27E(3) and (6);
- (d) section 27G(3), (4), (6) and (7);
- (e) section 27I(3) and (6);
- (f) section 27K(3) and (6).
- (2) That power includes power to amend provision previously made by an order under subsection (1).
- (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—
- (a) principal councils in Wales or a body representative of such councils; and
- (b) community councils in Wales or a body representative of such councils.
- (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
- (5) A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
##### 57A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 237ZA
A byelaw made under section 235 may include provision for or in connection with—
- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and
- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
- (1) This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.
- (2) The council must, during the relevant period, perform one of the actions described in subsection (4).
- (3) If the council chooses to perform more than one action, the council may do so during or after the relevant period.
- (4) The actions referred to in subsection (2) are as follows—
- (a) to exercise the council's functions in accordance with the question in relation to which the poll was taken;
- (b) to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);
- (c) to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;
- (d) to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;
- (e) to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;
- (f) to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.
- (5) In this section the “*relevant period*” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.
##### 33C
- (1) As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—
- (a) describes what action the council has taken in response to the community poll to which the notice relates, and
- (b) describes what further action (if any) the council intends to take.
- (2) If notice cannot be given to the chairman of, or person who presided at, the community meeting—
- (a) in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;
- (b) in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.
- (3) Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.
- (4) In subsection (3), “*relevant convening notice*” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.
- (5) Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.
- (6) The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.
#### Principal councils to publish additional information.
##### 26A
- (1) This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.
- (2) The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.
- (3) If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.
- (4) In sub-paragraph (2) “*relevant period*” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.
##### 29A
- (1) This paragraph applies where—
- (a) a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,
- (b) that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and
- (c) the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.
- (2) The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.
- (3) Notice under sub-paragraph (2) above must be given—
- (a) subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and
- (b) as soon as is reasonably practicable after the meeting of the community council was held.
- (4) Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.
- (5) The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.
- (6) Where a principal council is given notice under sub-paragraph (4)—
- (a) the council must, as soon as reasonably practicable, send the notice to the individual concerned, and
- (b) for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.
- (7) The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.
- (8) In this paragraph—
- “*anonymous registrant in the register of local government electors*” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;
- “*relevant convening notice*” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;
- “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30A
A community meeting may also be convened at any time by not less than—
- (a) 10% of the local government electors for the community, or
- (b) 50 of the electors (if 10% of the electors exceeds 50 electors).
##### 30B
- (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—
- (a) in a case where there is a community council for the community, to the community council, or
- (b) in a case where there is no community council for the community, to the principal council within whose area the community lies.
- (2) The notice must contain—
- (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;
- (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;
- (c) the business which is proposed to be transacted at the meeting;
- (d) the proposed time and place at which the meeting is to be held.
- (3) The notice must be given—
- (a) in writing (but not in an electronic form), or
- (b) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.
- (4) In sub-paragraph (2) above—
- (a) “*address*” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;
- (b) “*signature*” means—
- (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;
- (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.
- (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.
- (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—
- (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and
- (b) need not include a signature in respect of the individual.
- (7) Where a notice is in electronic form, it is to be treated as given to a principal council or community council when the notice is given in accordance with whatever requirements the principal council has set as to the giving of such notices under paragraph 30C(2) below.
##### 30C
- (1) For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).
- (2) A principal council must set for its area and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—
- (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and
- (b) the other technical requirements to be met by and in relation to an electronic notice.
##### 30D
- (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—
- (a) whether the group of individuals to whom the notice relates is comprised of—
- (i) at least 50 local government electors for the community in question, or
- (ii) at least 10% of the local government electors for the community in question, and
- (b) whether the notice meets the requirements of paragraph 30B above.
- (2) If the council is of the opinion that—
- (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and
- (b) the notice meets the requirements of paragraph 30B above,
the council must give a public notice in accordance with paragraph 30E below.
- (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.
- (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.
- (5) In sub-paragraph (4) above, “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30E
- (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.
- (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.
- (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.
- (4) The public notice must—
- (a) specify the time and place of the intended meeting;
- (b) specify the business to be transacted at the meeting;
- (c) be signed by the proper officer.
- (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.
- (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.
- (7) Public notice of a community meeting shall be given—
- (a) by posting a notice of the meeting in some conspicuous place or places in the community,
- (aa) by publishing the notice electronically, and
- (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.
- (8) 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.
##### 38A
- (1) This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.
- (2) This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.
- (3) The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—
- (a) the question posed by the poll, and
- (b) the fact that that a majority of those voting were in favour of that question.
- (4) In sub-paragraph (3) above, “*relevant principal council*” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.
- (5) The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.
- (6) A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 38B
- (1) Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.
- (2) Those descriptions are—
- (a) a question which relates only to the functions of the principal council,
- (b) a question which relates only to the functions of a community council for the relevant community,
- (c) a question which relates to the functions of the principal council and the functions of a community council for the relevant community.
- (3) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).
- (4) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (5) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—
- (a) to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and
- (b) to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (6) A notice required to be given by this paragraph must—
- (a) be given in writing,
- (b) be given as soon as is reasonably practicable after the date of determination, and
- (c) include the monitoring officer's reasons for the determination to which the notice relates.
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##### 24A
- (1) A principal council may determine to have a presiding member.
- (2) A presiding member is elected by the principal council from among the councillors.
- (3) The principal council may determine—
- (a) the functions of the presiding member, and
- (b) the term of office of the member (subject to the limits in subsection (6)).
- (4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
- (5) A member of the executive of a principal council may not be elected as its presiding member.
- (6) A presiding member is to continue in office until the occurrence of—
- (a) the presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as presiding member,
- (c) the principal council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
##### 24B
- (1) The section applies where a principal council have determined to have a presiding member.
- (2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
- (3) A member of the executive of a principal council may not be appointed as the deputy presiding member.
- (4) A deputy presiding member is to continue in office until the occurrence of—
- (a) the deputy presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as deputy presiding member,
- (c) the council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
- (5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
##### 25B
- (1) This section applies where—
- (a) a principal council have determined to have a presiding member under section 24A, and
- (b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
- (2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
- (3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
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##### 138A
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Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
2016-03-07
Local Government Act 1972
2016-03-03
Local Government Act 1972
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Local Government Act 1972
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Local Government Act 1972
2015-11-26
Local Government Act 1972
2015-09-06
Local Government Act 1972
2015-07-01
Local Government Act 1972
2015-05-26
Local Government Act 1972
2015-04-01
Local Government Act 1972
2015-01-30
Local Government Act 1972
2014-12-09
Local Government Act 1972
2014-08-06
Local Government Act 1972
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2014-07-01
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Local Government Act 1972
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