Local Government Act 1985

(94) (1) Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State, he may, to such extent as he considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London which is not a trunk road— (a) to place on the carriageway such bollards or other obstructions as the Secretary of State may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or (b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection. (2) Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area which is not a trunk road and for which they are not the highway authority— (a) to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or (b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection. (3) Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above. (4) To such extent as the Secretary of State or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of State or that council— (a) the Secretary of State may do with respect to any trunk road anything which he might under subsection (1)(a) above require to be done with respect to any other road; and (b) the council of the London borough may do with respect to any road in their area which is not a trunk road and for which they are the highway authority anything which they might under subsection (2)(a) above require to be done with respect to a road for which they are not the highway authority. (5) If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of State or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of State or that council in doing so shall be recoverable summarily as a civil debt from that person. (6) Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above. (7) In this section references to the council of a London borough include references to the Common Council of the City of London.

• (31) In section 100—

• (a) in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”; and

• (b) in subsection (5)(a) for the words “the Greater London Council or the council of a county” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

• (32) In section 102(6) for the words from “by” in the first place where it occurs to “district” in the first place where it occurs there shall be substituted the words “by the council of a non-metropolitan district”.

• (33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (34) In section 122(1) for the words “the Greater London Council and of every other” there shall be substituted the word “every”.

• (35) In section 125(4), after the word “county”, there shall be inserted the words “metropolitan district,”.

• (36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (38) In Schedule 4—

• (a) in paragraph 1—

• (i) for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”; and

• (ii) the words from “and to each” to “controlled area” shall be omitted;

• (b) in paragraphs 2 to 6 for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”;

• (c) in paragraph 8 for the words “Greater London” there shall be substituted the words “their area”;

• (d) in paragraphs 15, 19 and 20(a) for the words “the Council” there shall be substituted the words “the local authority”.

• (39) In Schedule 9—

• (a) for paragraph 1 there shall be substituted—

(1) Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an “authorised authority”) may give to that authority a direction under paragraph 2 below with respect to any of those provisions.

• (b) in paragraph 4, for the words “the Greater London Council” in sub-paragraph (a) there shall be substituted the words “the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act”, and the words “the Council or, as the case may be,” in that sub-paragraph and the words “Council or” in sub-paragraph (b) shall be omitted;

• (c) in paragraph 5(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “Greater London” in both places where they occur there shall be substituted the words “their area”;

• (d) in paragraph 6(1)(c) for the number “50” in the first place where it occurs there shall be substituted the number “49”, and the words “, or on the application of,” and the words after “authority” shall be omitted.

• (e) in paragraph 12(a), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

• (f) in paragraph 13(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”;

• (g) in paragraph 14 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and the number “50,” shall be omitted;

• (h) in paragraph 20(1) for the words “the Greater London Council or any other” there shall be substituted the word “a”, and the number “50,” shall be omitted;

• (i) in paragraph 21 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”; and

• (j) in paragraph 23(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “that Council” in both places where they occur there shall be substituted the words “that council”.

Part II — Supplementary Provisions Relating To Road Traffic

Designation of roads in Greater London

5

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

Guidance as to exercise of traffic powers in Greater London and metropolitan counties

6

• (1) For the purpose of ensuring that the exercise by a council in Greater London or a metropolitan county of the traffic powers specified below in relation to councils of its class does not have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of . . . that county, other than the area of that council, the Secretary of State may issue guidance as to the manner in which, in relation to roads other than those for which he is the traffic authority—

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

• (b) the councils of metropolitan districts should exercise their powers to make, vary or revoke orders under or by virtue of sections 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 of that Act.

• (2) Before issuing any such guidance the Secretary of State shall consult—

• (a) the chief officers of police for the areas to which the guidance relates; and

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

• (3) . . . the council of a metropolitan district shall, before exercising any power specified in sub-paragraph (1)(b) above—

• (a) have regard to any guidance issued to it under this paragraph;

• (b) have regard to any direct effect which the proposed exercise would have on traffic or any class of traffic—

• (i) on a road for which the Secretary of State is the traffic authority; or

• (ii) on any other road in the area of another local authority;

• (c) if the proposed exercise would have such an effect, consult the Secretary of State in the case of a road for which he is the traffic authority, or the other local authority in the case of any other road; and

• (d) comply with procedures prescribed by regulations made by the Secretary of State.

• (4) Where the council of a . . . metropolitan district takes any action which, in the opinion of the Secretary of State—

• (a) is contrary to any guidance issued to the council under this paragraph; and

• (b) has or is likely to have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of . . . that county, other than the area of that council,

the Secretary of State may, after consulting the council, direct it to take such steps within a period specified by him as may be necessary to conform with that guidance.

• (5) If, in the opinion of the Secretary of State, a council fails to comply with a direction under sub-paragraph (4) above, he may exercise any of its powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from the council as a debt due to the Crown.

• (6) Where, in the opinion of the Secretary of State—

• (a) the council of a . . . metropolitan district fails to act in accordance with any guidance issued to it under this paragraph; and

• (b) that failure has or is likely to have such an adverse effect as is mentioned in sub-paragraph (4)(b) above,

the Secretary of State, after consulting the council, may exercise any of its powers for the purpose of conforming with that guidance; and any expenses reasonably incurred by him in doing so (including any expenses reasonably incurred in maintaining any traffic signs placed, or in continuing or maintaining any works commenced, by virtue of this sub-paragraph) shall be recoverable by him from the council summarily as a civil debt.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedures and objections

7

• (1) The power of the Secretary of State to make regulations under paragraph 21 or 23 of Schedule 9 to the 1984 Act (procedure as to certain orders) shall include power to make regulations for the purpose of sub-paragraph (3) of paragraph 6 above; and any such regulations for that purpose shall include provision by which a local authority required to be consulted under that sub-paragraph in connection with a proposed exercise of power may object to that exercise.

• (2) Where such a local authority objects in accordance with regulations under the said paragraph 21 or 23 to a proposed exercise of power by the council of a . . . metropolitan district, that council shall notify the Secretary of State of its proposal and of the objection, unless either of them is withdrawn, and shall give him such particulars of them as he may require.

• (3) Upon receipt of a notification under sub-paragraph (2) above, the Secretary of State shall determine whether the proposal in question should be abandoned or implemented, with or without modifications; and the council making the proposal shall comply with any such determination.

• (4) To assist him in making a determination the Secretary of State may consult such persons or bodies as he thinks fit and may hold an inquiry; and the provisions of section 129(1) to (3) of the 1984 Act shall apply in relation to an inquiry held under this paragraph as they apply to an inquiry held under that Act.

Application of Part VI of Schedule 9 to the 1984 Act

8

Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order made by the Secretary of State by virtue of paragraph 6(5) or (6) above and falling within paragraph 34(1) of that Part as it applies to an order made by him by virtue of paragraph 3 of Part I of that Schedule.

Supplementary

9

In exercising any power under or by virtue of paragraph 6 or 7 above in relation to a council the Secretary of State shall have regard to the duty of that council under section 122 of the 1984 Act; and in the event of any conflict between that duty and any provision of those paragraphs, that provision shall prevail.

Reserve powers of the Secretary of State as to traffic control systems in Greater London and metropolitan counties

10

• (1) Where the Secretary of State is not satisfied in the case of . . . a metropolitan county that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of any system of traffic control which relates to two or more of those authorities, he may make an order under this paragraph.

• (2) An order under this paragraph may transfer to the Secretary of State such functions of the local authorities in question under that Part of that Act as he considers necessary to enable him to secure the control, management, development and extension of that system.

• (3) The Secretary of State may delegate, with or without restrictions, the exercise of any function transferred to him under this paragraph to the local authority from which it was transferred.

• (4) Before exercising any function transferred to him under this paragraph, the Secretary of State shall consult any local authority appearing to him to be likely to be affected unless it appears to him that the exercise of the function will only have a temporary effect on the system of traffic control in question; and any local authority from which a function has been so transferred shall consult the Secretary of State before exercising any function under the 1984 Act in any manner which may affect the exercise by the Secretary of State of any function so transferred.

• (5) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this paragraph may be recovered by him from the local authorities from which the functions were transferred in such proportions as may be agreed between the local authorities or, in default of agreement, as may be determined by him.

• (6) A sum recoverable by the Secretary of State under sub-paragraph (5) above may be recovered by him as a debt due to the Crown.

• (7) The Secretary of State shall revoke an order made under this paragraph in relation to a system of traffic control in operation in . . . a metropolitan county if at any time he is satisfied that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of the system.

• (8) An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provision amending any enactment or any instrument made under any enactment.

Information

11

The council of a . . . metropolitan district shall furnish the Secretary of State with such information as he may request for the purpose of exercising his powers under paragraphs 6(4), (5) and (6) and 10 above; and if any such information is not furnished by the council within a time specified by the Secretary of State, he may take such steps as he considers necessary or expedient to obtain the information himself and may recover from the council as a debt due to the Crown any expenses reasonably incurred by him in doing so.

Transitional provisions concerning certain orders under the 1984 Act

12

• (1) After the passing of this Act a metropolitan county council . . . shall obtain the consent of the Secretary of State before making any order to which this paragraph applies if an objection to the council’s proposal to make the order has been duly made by a successor authority (whether before or after the passing of this Act) and has not been withdrawn; and for the purposes of this provision an objection is not duly made unless it is made in accordance with regulations made or having effect as if made under paragraph 21 or, as the case may be, 23 of Schedule 9 to the 1984 Act.

• (2) The orders to which this paragraph applies are—

• (a) in the case of a metropolitan county council those made under or by virtue of section 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) or (4), 53, 83(2) or 84 of the 1984 Act; and

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

• (3) In this paragraph “successor authority” means—

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

• (b) in relation to a metropolitan county council, the council of a metropolitan district to which the order relates.

• (4) In relation to any order to which Part VI of Schedule 9 to the 1984 Act (validity of orders) applies the requirements of this paragraph shall be included amongst the requirements which are the relevant requirements for the purposes of that Part.

Interpretation

13

In this Part of this Schedule—

• (a) “the 1984 Act” means the Road Traffic Regulation Act 1984;

• (b) “parking place”, “traffic sign” and “road” have the meanings assigned to them respectively by sections 32(4)(b), 64(1) and 142(1) of the 1984 Act;

• (c) “local authority” means the council of a metropolitan district . . .; . . .

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

Commencement

14

Any power conferred on the Secretary of State by this Schedule may be exercised at any time after the passing of this Act so as to take effect on or after the abolition date.

SCHEDULE 6

The London Government Act 1963

1

For paragraph 4 of Part II of Schedule 11 to the London Government Act 1963 there shall be substituted—

(4) Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be

The Local Government Act 1972

2

In Schedule 14 to the Local Government Act 1972—

• (a) in paragraph 5, in sub-paragraph (1) for the words “in a county” there shall be substituted the words “in a non-metropolitan county” and in sub-paragraph (2) for the words “a county council” there shall be substituted the words “the council of a non-metropolitan county”;

• (b) in paragraph 6(1) after the words “a local authority” there shall be inserted the words “in a non-metropolitan county”.

The Control of Pollution Act 1974

3

• (1) The Control of Pollution Act 1974 shall be amended as follows.

• (2) In sections 2(3)(a)(ii) and (4), 12(2), (6) and (8) and 13(4) for the words “English disposal authority” there shall be substituted the words “English county disposal authority”.

• (3) In section 5(4)(a) for the words “and any collection authority” there shall be substituted the words “, and in the case of an English county disposal authority any collection authority,”.

• (4) In section 11(3)(c) for the words “and collection authority” there shall be substituted the words “, and in the case of an English county disposal authority each collection authority,”.

• (5) In section 30(1) in the definition of “English collection authority” for the words “of which the area is in England” there shall be substituted the words “of which the area is in the area of an English county disposal authority” and for the definitions of “disposal authority”, “English disposal authority” and “relevant disposal authority” there shall be substituted—

“disposal authority” means the council of a county or metropolitan district in England, the council of a district in Wales, the council of a London borough and the Common Council of the City of London, ”English county disposal authority’ means the council of a county in England and ”relevant disposal authority’, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;

The Refuse Disposal (Amenity) Act 1978

4

• (1) The Refuse Disposal (Amenity) Act 1978 shall be amended as follows.

• (2) In section 1(7) for the definition of “local authority” there shall be substituted—

“local authority” means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and

• (3) In section 3(7) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

• (4) For section 4(8) there shall be substituted—

(8) In this section ”local authority’ means, in relation to England, the council of a county, metropolitan district or London borough or the Common Council.

• (5) In section 5(4) for the definition of ”the appropriate authority’ there shall be substituted—

• “the appropriate authority” means—
• in the case of a vehicle removed in pursuance of section 3(1) above by a local authority in England other than the council of a non-metropolitan district, or by a local authority in Wales, the local authority; and
• in the case of a vehicle so removed by the council of a non-metropolitan district in England, the county council; and

• (6) In section 5(5)(b) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

The Litter Act 1983

5

• (1) In subsection (1)(a) of section 4 of the Litter Act 1983 for the words “the council of each county” there shall be substituted the words “the council of each non-metropolitan county” and for subsection (2) of that section there shall be substituted—

(2) Subsection (1) above shall apply to a metropolitan county with the omission, as respects consultation, of references to the council of the county and as if the duty with respect to the statement mentioned in that subsection were a duty imposed jointly on the councils of the metropolitan districts comprised in the county; and that subsection shall apply to Greater London as if it were a county with the like omissions and as if that duty were imposed jointly on the councils of the London boroughs and the Common Council of the City of London.

• (2) In section 6(1) of that Act after the words “A county council” there shall be inserted the words “and a metropolitan district council”.

SCHEDULE 7

1

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2

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

3

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

4

In section 28(12) for paragraphs (a) and (b) there shall be substituted—

• (a) in relation to a watercourse situated in a London borough, as a reference to the council of that borough;

• (b) in relation to a watercourse situated in the City or in the Inner Temple or the Middle Temple, as a reference to the Common Council." .

5

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

6

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

7

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

8

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

9

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

SCHEDULE 8

Public entertainments

1

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

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

• (3) In section 21 of the Greater London Council (General Powers) Act 1966—

• (a) in subsection (1) for the words “the Council” there shall be substituted the words “the borough council in whose borough the premises are situate”;

• (b) in subsection (3)(a) the words “the Council” shall be omitted;

• (c) for subsection (3)(b) there shall be substituted—

(4) In this section “borough council” includes the Common Council and “borough” shall be construed accordingly.

,

...

• (4) In section 5 of the Greater London Council (General Powers) Act 1978—

• (a) in subsection (1) for the words “Greater London” and “the Council” there shall be substituted respectively the words “a borough” and “the borough council”;

• (b) in subsection (4)(b) and (c) for the words “the Council”, wherever they occur, there shall be substituted the words “the borough council”;

• (c) after subsection (4) there shall be inserted—

(5) In this section “borough” includes the City of London and “borough council” includes the Common Council.

Private places of entertainment

2

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

Theatres

3

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

Cinemas

4

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

Children’s entertainments

5

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

Tracks for betting

6

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

Sports grounds

7

• (1) In the Safety of Sports Grounds Act 1975 the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case,” shall be inserted in sections 3(3) and 4(7) and (8) after the words “police and”, and those words shall also be inserted in sections 5(5), 10(4) and 11 before the words “the building authority”.

• (2) In subsection (1) of section 17 of that Act for the definition of “building authority” there shall be substituted—

“building authority” means— (a) in England outside Greater London and the metropolitan counties, or in Wales, the district council; (b) in Scotland, the local authority within the meaning of the Building (Scotland) Act 1959

• (3) In that subsection for the definition of “local authority” there shall be substituted—

“local authority” means— (a) in Greater London, the London borough council or the Common Council of the City of London; (b) in England, in the metropolitan counties, the district council; (c) in England outside Greater London and the metropolitan counties, or in Wales, the county council; (d) in Scotland, the regional or islands council;

Town development and new towns

8

• (1) In sections 4(1) and 10(3) of the Town Development Act 1952, for the words “the Greater London Council” there shall be substituted the words “London borough”.

• (2) In section 7(b) of that Act for the words “Greater London Council” there shall be substituted the words “council of a London borough”.

9

• (1) In section 7(3) of the New Towns Act 1981—

• (a) after the words “district planning authority shall” there shall be inserted the words “, in relation to proposals for development of land in a metropolitan county, be construed as references to the local planning authority; and”;

• (b) after “1972” there shall be inserted the words “and which is of land in a non-metropolitan county”.

• (2) In section 45(a) of that Act, before the word “county” there shall be inserted the word “non-metropolitan”.

Commons

10

• (1) In the first Schedule to the Metropolitan Commons Act 1866 for the first entry in the second column there shall be substituted “The council of the London borough within which the whole or part is situate or, where there are two or more boroughs within which parts are situate and the councils of those boroughs agree that one of them shall be the local authority in relation to the whole, that council.”.

• (2) In section 2 of the Metropolitan Commons Act 1878 for the words from the beginning to “1855” there shall be substituted the words “A London borough shall, in respect of any common the whole or part of which is situate within the borough,”.

• (3) In the Schedule to the Commonable Rights Compensation Act 1882 for the first entry in the second column there shall be substituted “The council of the London borough within which the land is situate”.

• (4) In section 1(3) of the Commons Act 1908, after the word “county”, there shall be inserted the words “or metropolitan district”.

• (5) In sections 193(1)(d)(ii) and 194(3)(b) of the Law of Property Act 1925, after the word “county”, there shall be inserted the words “or metropolitan district”.

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

Gipsy encampments

11

• (1) In section 6 of the Caravan Sites Act 1968—

• (a) in subsection (1) for the words “the council of a county or London borough” there shall be substituted the words “the council of a county, metropolitan district or London borough”;

• (b) in subsection (2) for the words “metropolitan county” and “in each district in the county” there shall be substituted respectively the words “metropolitan district” and “the district”.

• (2) In section 12 of that Act—

• (a) in subsection (1) for the words “a county council or London borough council” there shall be substituted the words “the council of a county, metropolitan district or London borough”;

• (b) after subsection (2) there shall be inserted—

(2A) Subject to subsection (3) below, the Minister may by order made on the joint application of two or more metropolitan district councils designate the area of those councils as an area to which section 10 of this Act applies.

• (c) in subsection (3) for the words “subsection (1) or (2)” there shall be substituted the words “subsection (1), (2) or (2A)”; and

• (d) in subsection (6) for the words “the London borough council” there shall be substituted the words “the metropolitan district council or councils or the London borough council”.

• (3) In relation to an order made under the said section 12 before the abolition date on the application of a metropolitan county council the references in subsections (4) and (6) of that section to the authority or authorities which made the original application and the council for the area in respect of which an order is made shall be construed as references to the metropolitan district council or councils whose area or areas constitute or include the area designated by the order.

• (4) Where by virtue of the Local Government Act 1972 a designation order made before 1st April 1974 under the said section 12 (and not revoked) relates to part only of the area of a metropolitan district, any order which is made on the application of the council of that district under subsection (1) or (2A) of that section shall be made to extend only to an area which does not include the area designated before that date.

Housing

12

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

• (2) For section 23(4) of the London Government Act 1963 there shall be substituted—

(4) The Minister may at any time after 1st April 1965 require any London borough to submit to him a programme for any transfers of housing accommodation vested in that borough such as are mentioned in subsection (3)(b) of this section which they propose to make and have not yet made.

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

Rent officers

13

• (1) In subsection (1) of section 62 of the Rent Act 1977 for the words after “Act” there shall be substituted the words

are— (a) counties; (b) London boroughs; and (c) the City of London.

• (2) In subsection (2)(a) of that section the words “the area of the Common Council of” shall be omitted.

• (3) At the end of section 63 of that Act there shall be inserted—

(9) In the case of a registration area which is a metropolitan county this section shall apply as if— (a) the first reference to the local authority in subsection (1) were a reference to the council of each district in the county; and (b) the second reference to the local authority in that subsection, the references to the local authority in subsection (2) and the reference to the local authority for whose area the scheme is made in subsection (3) were references to such one of the councils of the districts in that county as has been designated by the scheme.

• (4) A scheme under the said section 63 as amended by sub-paragraph (3) above may be made at any time before the abolition date so as to come into operation on that date.

Building control

14

• (1) Subject to any building regulations made under section 1 of the Building Act 1984 (whether before or after the passing of this Act) with respect to any of them, the functions—

• (a) of the Greater London Council under the London Building Acts 1930 to 1982 (including functions conferred on the Council by section 43 of the London Government Act 1963); and

• (b) of district surveyors under those Acts,

shall, so far as they relate to Greater London other than the outer London boroughs, become functions of the councils of the inner London boroughs and the Common Council in respect of their respective areas.

• (2) The functions conferred on the Greater London Council by section 43 of the said Act of 1963 shall, so far as they relate to the outer London boroughs, become functions of the councils of those boroughs in respect of their respective areas.

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

• (4) In the Building Act 1984—

• (a) in section 126 for the definition of “local authority” there shall be substituted—

“local authority” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly;

; and

• (b) in Schedule 3—

• (i) in paragraph 4 for the words “the Greater London Council and any other local authority” there shall be substituted the words “any local authority”;

• (ii) in paragraph 10(1) for the words from the beginning to “inner London boroughs” there shall be substituted the words “The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough”; and

• (iii) for paragraph 11 there shall be substituted—

(11) The council of an inner London borough shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories in connection with buildings (whenever erected) in the borough.

Trading standards and related functions

15

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

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

• (3) In section 67(1) of the Agriculture Act 1970 after the words “the council of a county” there shall be inserted the words “, metropolitan district”.

• (4) The councils of the districts in a metropolitan county shall, not later than 1st September 1985, establish a joint committee of members of those councils whose duty it shall be from the abolition date to co-ordinate—

• (a) the exercise by those councils of the enforcement functions conferred on them by virtue of this paragraph and section 69(1)(a) of the Weights and Measures Act 1985 with a view to securing uniformity in the exercise of those functions throughout the county; and

• (b) the employment, provision or use by those councils for the purposes of those functions of staff, property and facilities.

• (5) Each joint committee established by virtue of sub-paragraph (4) above shall before the abolition date co-ordinate the making by the councils represented on the committee of preparations for the transfer of the functions which by virtue of sub-paragraphs (2) and (3) above and the said section 69(1)(a) will be exercisable by those councils from that date.

• (6) If after the abolition date it appears to the Secretary of State to be necessary or expedient to do so he may, after consultation with the councils of the districts in a metropolitan county, by order establish a single authority for the county to discharge from a date specified in the order the functions conferred on the councils by virtue of this paragraph and the said section 69(1)(a)or section 5(1) of the Food Safety Act 1990.

• (7) An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any enactment or any instrument made under any enactment.

Poisons

16

In section 11(2) of the Poisons Act 1972, in the definition of “local authority”, after the word “county” there shall be inserted the words “metropolitan district”.

Animals

17

In section 5 of the Performing Animals (Regulation) Act 1925—

• (a) in subsection (1), in the definition of “local authority”—

• (i) for the words “county borough” there shall be substituted the words “London borough”; and

• (ii) for the words “other area, the council of the county” there shall be substituted the words “county or metropolitan district, the council of the county or district”; and

• (b) in subsection (3) for the words after “defrayed” there shall be substituted the words “, in the case of the council of a county, out of the county fund, and in the case of the council of a metropolitan district or London borough, out of the general rate fund.”

18

In section 50(2) of the Animal Health Act 1981 for paragraph (b) there shall be substituted—

(b) as respects a non-metropolitan county, the county council, (c) as respects a metropolitan district, the district council,

Fisheries

19

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

20

In paragraph 5(b) of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975 for the words “county council” there shall be substituted the words “county or metropolitan district council”.

Weeds

21

In section 5 of the Weeds Act 1959 after the word “county”, in both places where it occurs, there shall be inserted the words “or metropolitan district”.

Archives and records

22

• (1) For section 2(6) of the Local Government (Records) Act 1962 there shall be substituted—

(6) Subsections (1) and (2) above apply to the council of every country, metropolitan district or London borough, to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985 and to the council of any non-metropolitan district specified in an order made in that behalf by the Secretary of State.

• (2) In section 226 of the Local Government Act 1972—

• (a) in subsection (4), before the word “London”, there shall be inserted the words “metropolitan district,”; and

• (b) in subsection (5) for the words “Every county council” there shall be substituted the words “The council of every county or metropolitan district”, and after the word “meeting” in the first place where it occurs there shall be inserted the words “in their area”.

Expenses of Commission for Local Administration in England

23

In paragraph 6 of Schedule 4 to the Local Government Act 1974 for the words “the Greater London Council” there shall be substituted the words “the councils of metropolitan districts and London boroughs, the Common Council of the City of London”.

Notice of orders under Water Act 1945

24

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

Administrative functions transferred by Courts Act 1971

25

Any functions which by virtue of paragraph 1 of Schedule 8 to the Courts Act 1971 are exercisable by, or by the clerk to, a metropolitan county council shall be exercisable respectively by the council, or the proper officer of the council, of each metropolitan district comprised in the county.

Loan societies

26

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

Mines and quarries

27

In section 11(3) of the Mines and Quarries (Tips) Act 1969 after the word “county” there shall be inserted the words “metropolitan district”.

SCHEDULE 9

PART I — Elections

1

• (1) The Representation of the People Act 1983 shall be amended as follows.

• (2) After section 31(5) there shall be inserted—

(6) Any polling district formed for the purpose of the election of councillors for any ward of a London borough shall, if the ward is wholly included in the electoral area for the election of a member of the Inner London Education Authority, be a polling district for the election of a member of that Authority for that electoral area. (7) If the polling districts in an electoral area for the election of a member of the Inner London Education Authority or any part of such an area are not determined by subsection (6) above— (a) the council of the London borough which includes mat electoral area, or (b) in the case of an electoral area which includes the City, the Inner Temple and the Middle Temple, the City of Westminster, may divide that area or, as the case may be, that part of that area, into polling districts, and may alter any polling district and subsection (3) above applies to any power conferred by this subsection.

• (3) After section 35(3) there shall be inserted—

(3A) The returning officer at an election of members of the Inner London Education Authority shall be the proper officer of the borough which includes the electoral division for which the election is held or, in the case of the electoral division which includes the City, the Inner Temple and the Middle Temple, the proper officer of the City of Westminster.

;

and in section 35(4) for " (3)" there shall be substituted " (3A);" .

• (4) In section 36—

• (a) after subsection (3A) there shall be inserted—

(3AA) Where the poll at an ordinary election of members of the Inner London Education Authority for an electoral division, or an election to fill a casual vacancy occurring in the office of member of that Authority for an electoral division, is to be held on the same date as the poll at an ordinary election of councillors for any ward of a London borough which is wholly included in that electoral division, or an election to fill a casual vacancy occurring in the office of councillor for such a ward, the polls at those elections shall be taken together.

; and

• (b) after subsection (4) there shall be inserted—

(4A) All expenditure properly incurred by a returning officer in relation to the holding of an election of members of the Inner London Education Authority shall, in so far as it does not exceed any scale fixed for that election by the Authority, be paid by that Authority.

• (5) After section 39(1) there shall be inserted—

(1A) Subsection (1) above shall apply in relation to an election of a member of the Inner London Education Authority with the substitution for the reference to the returning officer of a reference to the proper officer of the Authority. and in section 39(2) and (6)(a)(ii) after the words " Local Government Act 1972 " there shall be inserted the words " or Part III of the Local Government Act 1985" .

• (6) In section 40(2) for the words" and the Local Government Act 1972 " there shall be substituted the words " , the Local Government Act 1972 and Part III of the Local Government Act 1985" .

• (7) In section 47(2) after the words "those Acts " there shall be inserted the words " or Part III of the Local Government Act 1985" .

• (8) In section 76(2)(b) after paragraph (i) there shall be inserted—

(ia) at an election to the Inner London Education Authority,, £620 together with an additional 3-7p. for every entry in the register of electors to be used at the election (as first published);

.

• (9) In section 82(4)(a) after the words " Greater London Council" there shall be inserted the words " or the Inner London Education Authority" .

• (10) In section 203(1)—

• (a) before the definition of " electoral area " there shall be in inserted—

• ' council' includes the Inner London Education Authority and, ' councillors' includes members of that Authority ;

;

• (b) in the definition of " local authority " after the words " a London borough council" there shall be inserted the words " the Inner London Education Authority" ;

• (c) in the definition of " local government Act" after " 1972 "there shall be inserted the words " or Part III of the Local Government Act 1985" ;

• (d) in the definition of " local government area " after the words " London borough " there shall be inserted the words " the Inner London Education Area

• (11) In section 203(2) after the words " parliamentary elections " there shall be inserted the words " or of elections of members of the Inner London Education Authority" .

PART II — Electoral Arrangements

Amendments of the Local Government Act 1972

2

• (1) The principal Act shall be amended as follows.

• (2) In section 47(1)(i) after the words " any local government area " there shall be inserted the words " or the Inner London Education Area" .

• (3) In subsection (2) of section 50 after the words " every principal area in England " there shall be inserted the words " and the Inner London Education Area " and in subsection (3) of that section after the words " a principal area in England " there shall be inserted the words " or the Inner London Education Area" .

• (4) After section 60(7) there shall be inserted—

(8) In subsections (2) and (5) above references to the council of a local government area and to the principal council of an area include the Inner London Education Authority as respects the Inner London Education Area.

• (5) After section 67(5) there shall be inserted—

(6) In subsection (5)(c) and (d) above references to councillors for an electoral area include references to members of the Inner London Education Authority and the reference to a local government area includes a reference to the Inner London Education Area.

• (6) In section 78(1) after paragraph (b) of the definition of " electoral arrangements " there shall be inserted—

1. in relation to the Inner London Education Area, the number of members of the Inner London Education Authority, the number and boundaries of the electoral divisions into which that Area is for the time being divided for the purpose of the election of members, the number of members to be elected for any electoral division in that Area and the name of any electoral division;

.

• (7) In section 78(2) for the words "in Schedule 11 to this Act" there shall be substituted the words " in paragraphs 1 to 4 of Schedule 11 to this Act; and in considering the electoral arrangements for the Inner London Education Area for the purposes of this Pari of this Act the Secretary of State and the English Commission shall so far as is reasonably practicable comply with the rules set out in paragraph 5 of that Schedule. "

• (8) After paragraph 4 of Schedule 11 to the principal Act there shall be inserted—

(5) (1) This paragraph applies to the consideration by the Secretary of State or the English Commission of the electoral arrangements for elections of members of the Inner London Education Authority. (2) The number of members shall be not less than forty-eight or more than fifty-eight. (3) The whole of the City and the Temples shall be included with part of the City of Westminster in the same electoral division. (4) Every other electoral division of the Inner London Education Area shall he wholly within a single inner London borough. (5) Having regard to any change in the number or distribution of the local government electors in that Area likely to take place within the period of five years immediately following the consideration, the number of local government electors shall be, as nearly as may be, the same in every electoral division in that Area. (6) Subject to the foregoing provisions in this paragraph, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to— (a) the desirability of fixing boundaries which are and will remain easily identifiable; (b) any local ties which would be broken by the fixing of any particular boundary ; and (c) the boundaries of the wards of the inner London boroughs.

Initial review of electoral arrangements

3

• (1) As soon as practicable after the coming into force of this Schedule the English Commission shall review the electoral arrangements for the Inner London Education Area for the purpose of considering future electoral arrangements for that Area on the basis of its division into electoral divisions each returning one member and the Commission shall formulate proposals for those arrangements accordingly.

• (2) The provisions of Part IV of the principal Act shall apply to a review under this paragraph as they apply to a review under section 50 of that Act, but in its application to a review under this paragraph section 51 of that Act shall have effect as if it required—

• (a) the Commission to submit their report not later than two years after the coming into force of this Schedule ; and

• (b) the Secretary of State to make an order under that section giving effect to the proposals of the Commission under this paragraph (whether as submitted to him or with modifications).

SCHEDULE 10

Part I

Part II — Greater Manchester

Part III — Merseyside

Part IV — South Yorkshire

Part V — Tyne and Wear and Northumberland

Part VI — West Midlands

Part III — West Yorkshire

SCHEDULE 11

Police

1

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

Fire services

2

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

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

• (3) In section 4 of the said Act of 1947 for the words “the council of every county” there shall be substituted the words “the council of every non-metropolitan county”.

• (4) In the Metropolitan Fire Brigade Act 1865 the references to the Metropolitan Board of Works (which, by virtue of section 48(3) of the London Government Act 1963, are to be construed as references to the Greater London Council) shall be construed as references to the London Fire Commissioner.

Explosives, petroleum etc.

3

In paragraph (3) of section 67 of the Explosives Act 1875 (local authorities for the purposes of that Act) after the words “Outside Greater London” there shall be inserted the words “and a metropolitan county” and after that paragraph there shall be inserted—

(3A) In a metropolitan county, the fire authority; and

4

In section 2(1) of the Petroleum (Consolidation) Act 1928 (local authorities granting petroleum licences) for paragraph (a) there shall be substituted—

(a) in Greater London or a metropolitan county, the fire authority;

5

The functions of a local authority under section 73 of the Public Health Act 1961 (derelict petroleum tanks) shall be functions—

• (a) in Greater London or a metropolitan county, of the fire and rescue authority ;

• (b) elsewhere, of the county council,

and references in that section, and in the provisions of that Act applied by it, to a local authority shall be construed accordingly.

6

In section 9 of the Celluloid and Cinematograph Film Act 1922 at the end of the definition of “local authority” there shall be inserted the words “and in a metropolitan county means the fire authority”.

SCHEDULE 12

1

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

2

• (1) In their application to a passenger transport area which is coterminous with a metropolitan county the provisions of Part II of the Transport Act 1968 and Schedule 5 to that Act shall have effect without any of the modifications specified in Part II of Schedule 24 to the said Act of 1972 except those in paragraph 17(1) and (3) and—

• (a) any reference in those provisions to the councils of constituent areas shall be construed as references to the constituent councils of the metropolitan county passenger transport authority;

• (b) for section 13 there shall be substituted—

(13) The Authority shall have power to make grants to the Executive for any purpose.

;

• (c) paragraph 1 of Part II of Schedule 5 shall be omitted.

• (2) Only so much of section 9(1), (2) and (4) of the said Act of 1968 as relates to the Passenger Transport Executive shall apply to a passenger transport area which is coterminous with a metropolitan county; and in relation to any order under subsection (1) of that section varying or revoking so much of a previous order as relates to the Executive subsection (2) shall have effect as if the councils to be consulted were the constituent councils and as if in subsection (4) the reference to Part I of Schedule 5 were omitted.

3

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

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

4

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

5

• (1) The Transport Act 1983 shall be amended as follows.

• (2) In section 1 for the definition of “Authority” there shall be substituted “”Authority’ means, in relation to any such Passenger Transport Executive, the metropolitan county passenger transport authority.”.

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

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

• (5) This paragraph has effect from the abolition date . . .

SCHEDULE 13

Status

1

A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

Tenure of office of members

2

• (1) Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment.

• (2) Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

• (3) The Secretary of State may remove a member from office if that member—

• (a) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or made an arrangement with his creditors;

• (b) is incapacitated by physical or mental illness;

• (c) has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or

• (d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

• (4) If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

Remuneration etc. of members

3

• (1) A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may determine.

• (2) As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

• (3) Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may determine.

• (4) Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and any such scheme shall have effect subject to any provision made under this sub-paragraph.

• (5) Any determination by the Secretary of State under this paragraph shall require the consent of the Treasury.

House of Commons disqualification

4

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted at the appropriate place in alphabetical order—

Any member of a residuary body established by Part VII of the Local Government Act 1985 who is in receipt of remuneration

Proceedings

5

• (1) A residuary body shall regulate its own proceedings.

• (2) The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

6

• (1) The application of the seal of a residuary body shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the body for that purpose.

• (2) Any document purporting to be a document duly executed under the seal of a residuary body shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Acquisition and disposal of land

7

• (1) A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions.

• (2) A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions but subject, in either case, to section 65 of this Act, to the same restrictions as those imposed by subsections (2), (2A) and (6) of section 123 of the principal Act in the case of disposals by a principal council under subsection (1) of that section and to any other restrictions to which it is subject by virtue of the subsequent provisions of this Schedule.

Provision of services

8

• (1) A residuary body may by agreement with any relevant successor authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services.

• (2) Each residuary body shall as soon as practicable after it is established—

• (a) review the professional and technical services provided by the Greater London Council or the relevant metropolitan county council, as the case may be, and the staff employed and property used by them in the provision of those services; and

• (b) in the light of that review ascertain from each relevant successor authority whether it is likely to wish to enter into an agreement with the residuary body under this paragraph, being an agreement the performance of which by that body would make it desirable for any such staff or property to be transferred to that body.

• (3) If any relevant successor authority indicates to a residuary body that it is likely to wish to enter into such an agreement as is mentioned in sub-paragraph (2)(b) above that body shall forthwith make a report to that effect to the Secretary of State who shall take it into consideration and make such orders under sections 52 and 100 of this Act as appear to him to be appropriate unless he considers it inexpedient to do so.

• (4) In this paragraph “relevant successor authority”, in relation to a residuary body, means a successor authority exercising functions in the area for which that body is established and “successor authority” means a London borough council, the Common Council, a metropolitan district council, a new authority and any other body to which functions or property of the Greater London Council or a metropolitan county council are transferred by or under this Act or any other enactment.

Access to documents of councils

9

• (1) Any person authorised in that behalf by the London Residuary Body or the residuary body established for a county shall be entitled on producing, if so required, evidence of his authority—

• (a) at all reasonable times to inspect and make copies of any document belonging to or under the control of the Greater London Council or the council of that county, as the case may be; and

• (b) to require copies of any such document to be delivered to him.

• (2) Any person having custody of any such document who without reasonable excuse—

• (a) obstructs a person in the exercise of his rights under sub-paragraph (1) above; or

• (b) refuses or fails to comply with any requirement imposed under that sub-paragraph,

shall be liable on summary conviction to a fine not exceeding the third level on the standard scale and to an additional fine not exceeding £40 for each day on which the offence continues after conviction thereof.

• (3) References in this paragraph to copies of a document include references to copies of any part of it.

• (4) In this paragraph “document” includes any record of information and, where the record is not in legible form, the rights conferred by sub-paragraph (1) above include the right to require the information to be made available in legible form for inspection or copying and to require copies of it in that form to be delivered.

Reports and information

10

• (1) Each residuary body shall publish an annual report on the discharge of its functions.

• (2) Each residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament.

• (3) Each residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.

Supervision by Parliamentary Commissioner

11

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

Application of local government provisions

12

A residuary body shall be treated as a local authority or, as the case may be, as a principal council for the purposes of the following provisions of the principal Act—

• (a) section 111 (subsidiary powers);

• (b) sections 112 to 115 and 117 to 119 (staff);

• (c) section 128(2) (protection of purchasers);

• (d) sections 140, 140A and 140C (insurance of members etc.);

• (e) section 146 (transfer of securities);

• (f) section 223 (appearance in legal proceedings);

• (g) sections 224, 225 and 229 to 233 (documents); and

• (h) section 239 so far as it relates to opposing a local or personal Bill in Parliament and without the procedural requirements in subsection (2).

13

A residuary body shall be treated as a local authority for the purposes of—

• (a) the Landlord and Tenant Act 1954;

• (b) the Local Government (Records) Act 1962;

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

• (d) section 252 of the Town and Country Planning Act 1990;

• (e) section 13(7)(f) of the Employment Agencies Act 1973;

• (f) section 28 of the Health and Safety at Work etc. Act 1974;

• (g) sections 30, 38 and 41 of the Local Government (Miscellaneous Provisions) Act 1976;

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

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

• (j) section 41 of the Local Government (Miscellaneous Provisions) Act 1982;

• (k) paragraph 7 of Schedule 1 to the Stock Transfer Act 1982; and

• (l) section 60 of the County Courts Act 1984.

14

A residuary body shall be included among the authorities or bodies to which the following enactments apply—

• (a) section 11 of the Trustee Investments Act 1961;

• (aa) paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967;

• (b) section 3(1) of the Employer’s Liability (Compulsory Insurance) Act 1969; and

• (c) section 5(2) of the Rent (Agriculture) Act 1976; . . .

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

15

A residuary body shall be included among the bodies specified in section 99(4) of and Schedule 16 to the Local Government Planning and Land Act 1980.

16

The London Residuary Body shall be included among the authorities to which section 5(3) of the London Government Act 1963 applies.

17

A residuary body shall be included in the local authorities mentioned in section 28(5)(a) of the Leasehold Reform Act 1967 and sections 29(5) and 38(1) of that Act shall be construed accordingly.

18

Without prejudice to paragraph 8 above, a residuary body shall be treated as a local authority for the purposes of the Local Authorities (Goods and Services) Act 1970 and, for the purposes of that Act as it applies in relation to a residuary body, the Secretary of State shall be treated as a public body.

19

A residuary body shall be included among the councils mentioned in paragraph 1(3) of Schedule 14 to the Town and Country Planning Act 1990.

20

A residuary body shall be included among the bodies specified in section 144(2)(a) of the Road Traffic Act 1988.

21

A residuary body shall be included among the bodies to which section 14 of the Rent Act 1977 applies . . .

22

A residuary body shall be treated as a local authority for the purposes of the following provisions of the Housing Act 1985—

23

A residuary body shall be treated as a local authority for the purposes of sections 84(5)(b) and 85(4) of the Housing Associations Act 1985 (consultation on forms of agreement and meaning of “relevant advance”).

SCHEDULE 14

Part I — Amendments of Local Government Act 1972

Restriction on promotion of Bills for changing local government areas etc.

1

In section 70 for the words “No local authority” there shall be substituted the words “Neither a local authority or joint authority nor the Inner London Education Authority” and after the words “local government area” in both places where they occur there shall be inserted the words “or the Inner London Education Area”.

Qualifications for election and holding office

2

At the end of section 79 there shall be inserted—

(3) In this section “local authority” includes the Inner London Education Authority and references to its area shall be construed as references to the Inner London Education Area.

Disqualifications for election and holding office

3

• (1) In subsections (1)(a) and (2)(b) of section 80 after the words “joint board” there shall be inserted the words “, joint authority”.

• (2) After subsection (5) of that section there shall be inserted—

(6) In this section “local authority” includes the Inner London Education Authority.

Validity of acts done by unqualified persons

4

In section 82 after the words “elected to an office under this Act” there shall be inserted the words “or elected or appointed to an office under Part III or IV of the Local Government Act 1985.”

Declaration of acceptance of office

5

After section 83(3) there shall be inserted—

(3A) Subsections (1) to (3) above shall apply also to a person elected to the office of member, or appointed to the office of chairman or vice-chairman, of the Inner London Education Authority and in relation to any such office the references in those provisions to the proper office of the council and to members of the council shall be construed respectively as references to the proper officer of that Authority and to members of that Authority.

Resignation

6

The provisions of section 84 shall become subsection (1) of that section and after those provisions there shall be inserted—

(2) A person elected or appointed to an office under Part III or IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.

Failure to attend meetings

7

At the end of section 85 there shall be inserted—

(4) In this section “local authority” includes a joint authority and the Inner London Education Authority.

Declaration of vacancy

8

The provisions of section 86 shall become subsection (1) of that section and after those provisions there shall be inserted—

(2) In this section “local authority” includes a joint authority and the Inner London Education Authority.

Date of casual vacancies

9

At the end of section 87 there shall be inserted—

(3) This section shall apply also in relation to a casual vacancy in any office for which an election is held, or to which an appointment is made, under Part III of the Local Government Act 1985, taking references to a local authority as reference to the Inner London Education Authority.

Filling of casual vacancies

10

• (1) After section 88(2) there shall be inserted—

(2A) In subsections (1) and (2) above “council” includes the Inner London Education Authority.

• (2) After section 89(3) there shall be inserted—

(3A) Subsections (1) to (3) above shall apply also in relation to a casual vacancy occurring in the office of member of the Inner London Education Authority, taking references to the council and the returning officer as references to the Authority and the proper officer of the Authority.

Term of office of person filling casual vacancy

11

In section 90 after the word “Wales” there shall be inserted the words “or under Part III or IV of the Local Government Act 1985”, and after the words “he is elected” there shall be inserted the words “or appointed”.

Proceedings for disqualification

12

At the end of section 92 there shall be inserted—

(7) In this section “local authority” includes a joint authority and the Inner London Education Authority; and in relation to a joint authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.

Pecuniary interests

13

After section 98(1) there shall be inserted—

(1A) In sections 94 and 97 above “local authority” includes a joint authority and the Inner London Education Authority and in section 94(5)(a) above “principal council” includes any such authority.

Meetings and proceedings

14

In section 99 after the words “local authorities” there shall be inserted the words “, joint authorities, the Inner London Education Authority”.

Discharge of functions

15

In section 101(13) after the words “the Middle Temple,” there shall be inserted the words “any joint authority except a police authority, the Inner London Education Authority,”.

Miscellaneous powers of local authorities

16

After section 146 there shall be inserted—

(146A) (1) A joint authority and the Inner London Education Authority shall be treated— (a) as local authorities for the purposes of sections 111 to 119, 128 to 131, 135, 136, 139 (except subsections (1)(b) and (2)), 140, 140A, 140C, 143 and 146 above; and (b) as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above. (2) The Inner London Education Authority may exercise any of the powers of a local authority under section 145 above so far as it considers it expedient to do so for the benefit of persons under the age of twenty-six.

Application of capital money

17

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

Allowances to members

18

After section 176(2) there shall be inserted—

(3) In this section “local authority” includes a joint authority and the Inner London Education Authority.

19

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

20

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

Legal proceedings

21

In section 223(2) after the words “the Common Council” there shall be inserted the words “, a joint authority and the Inner London Education Authority.”

Documents and notices

22

The provisions of section 224 shall become subsection (1) of that section and after those provisions there shall be inserted—

(2) This section applies to a joint authority and the Inner London Education Authority as it applies to a principal council.

23

After section 225(2) there shall be inserted—

(3) In this section “local authority” includes a joint authority and the Inner London Education Authority.

24

After section 228(7) there shall be inserted—

(7A) This section shall apply to the minutes of proceedings and the accounts of a joint authority or the Inner London Education Authority as if that authority were a local authority and as if, in relation to a joint authority, 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.

25

At the end of section 229(8) there shall be inserted the words “and “local authority” includes a joint authority and the Inner London Education Authority.”

26

The provisions of section 230 shall become subsection (1) of that section and after those provisions there shall be inserted—

(2) In this section “local authority” includes a joint authority and the Inner London Education Authority.

27

After section 231(3) there shall be inserted—

(4) In this section “local authority” includes a joint authority and the Inner London Education Authority.

28

After section 232(1) there shall be inserted—

(1A) In subsection (1) above “local authority” includes a joint authority and the Inner London Education Authority.

29

After section 233(10) there shall be inserted—

(11) In this section “local authority” includes a joint authority and the Inner London Education Authority.

30

After section 234(3) there shall be inserted—

(4) In this section “local authority” includes a joint authority and the Inner London Education Authority.

Byelaws

31

• (1) In section 236(1) for the words “or any other enactment, whenever passed and conferring on a local authority” there shall be substituted the words “and to byelaws made by a local authority, a metropolitan, county passenger transport authority or the Inner London Education Authority under any other enactment and conferring on the authority.”

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

Promoting and opposing local and personal Bills

32

• (1) After subsection (4) of section 239 there shall be inserted—

(4A) The powers conferred on a local authority by subsection (1) above shall also be exercisable by a joint authority, and the Inner London Education Authority.

• (2) In subsection (5) of that section for the words “a local authority” there shall be substituted the words “an authority”.

Computation of time

33

At the end of section 243(2) there shall be inserted the words “and applies also to sections 19, 31 and 32 of the Local Government Act 1985”.

Interpretation

34

In section 270(1) after the definition of “grouped” there shall be inserted—

Meetings and proceedings

35

• (1) Schedule 12 shall be amended as follows.

• (2) After Part I there shall be inserted—

(6A) Paragraph 1 above shall apply to a joint authority as it applies to a principal council in a year in which there are no ordinary elections of councillors and that paragraph shall apply to the Inner London Education Authority as it applies to the council of a London borough. (6B) The other provisions of Part I of this Schedule shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that the number of members mentioned in paragraph 3(2) shall be three members in the case of a joint authority and ten members in the case of the Inner London Education Authority.

• (3) After paragraph 45 there shall be inserted—

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

Part II — Amendments of Other Enactments

36

In section 69(1) of the Landlord and Tenant Act 1954 at the end of the definition of “local authority” there shall be inserted the words “except that it includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985”.

37

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 after paragraph 1(a) there shall be inserted—

(aa) joint authorities established by Pat IV of the Local Government Act 1985; (ab) the Inner London Education Authority;

38

In section 11(4)(a) of the Trustee Investments Act 1961 after the words “City of London” there shall be inserted the words “, the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985”.

39

In the Local Government (Records) Act 1962—

• (a) in section 2(6) after the words “London borough” there shall be inserted the words “to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985”; and

• (b) in section 8(1), in the definition of “local authority”, after the words “county district” there shall be inserted the words “the Inner London Education Authority, or a joint authority established by Part IV of the Local Government Act 1985,”.

40

In the London Government Act 1963—

• (a) in section 5(3) for the words “the following councils” and “those councils” there shall be substituted respectively the words “the following authorities” and “those authorities” and for the words “and the Common Council” there shall be substituted the words “, the Common Council, the Inner London Education Authority and the London Fire and Civil Defence Authority”;

• (b) after section 75(3) there shall be inserted—

(4) This section shall apply to the Inner London Education Authority and the London Fire and Civil Defence Authority as it applies to the councils mentioned in subsection (1) of this section.

41

After section 11(2) of the Local Government Act 1966 there shall be inserted—

(3) This section shall apply to the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985 as it applies to a local authority.

42

In the General Rate Act 1967—

• (a) in section 85(2), for the words “or the Common Council of the City of London” there shall be substituted the words “, the Common Council of the City of London, the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985”;

• (b) in paragraph 15 of Schedule 1, in the definition of “local authority”, after the words “City of London” there shall be inserted the words “, the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985”.

43

In section 28(5)(a) of the Leasehold Reform Act 1967 after the words “district council,” there shall be inserted the words “the Inner London Education Authority, any joint authority established by Part IV of the Local Government Act 1985,”.

44

At the end of section 1(3) of the Local Government Grants (Social Need) Act 1969 there shall be inserted the words “except that in the application of this section to England and Wales “local authority” shall also include the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985”.

45

46

In section 3(2) of the Employers’ Liability (Compulsory Insurance) Act 1969 after the words “any such council” there shall be inserted the words “the Inner London Education Authority, any joint authority established by Part IV of the Local Government Act 1985”.

47

In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority”, after the words “combined authority” there shall be inserted the words “the Inner London Education Authority and any joint authority established by Part IV of the Local Government Act 1985”.

48

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

49

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

50

In section 13(7)(f) of the Employment Agencies Act 1973, after the words “local authority”, there shall be inserted the words “, the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985”.

51

In the Local Government Act 1974—

• (a) for section 25(1)(c) there shall be substituted—

(c) any joint authority established by Part IV of the Local Government Act 1985; (ca) any other police authority, except the Secretary of State; (cb) the Inner London Education Authority; and

; and

• (b) for section 26(11) there shall be substituted—

(11) In this section— (a) references to a person aggrieved include references to his personal representatives; and (b) references to a member of an authority concerned include, in the case of a complaint relating to a joint authority established by Part IV of the Local Government Act 1985, references to a member of a constituent council of that authority.

52

For subsection (6) of section 28 of the Health and Safety at Work etc. Act 1974 there shall be substituted—

(6) References in subsections (3) and (5) above to a local authority include the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.

53

In the Local Government (Miscellaneous Provisions) Act 1976—

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

• (b) in section 44(1) for the definition of “local authority” there shall be substituted—

“local authority” means a county council, the Greater London Council, a district council, a London borough council, the Common Council, the Council of the Isles of Scilly and— (a) in sections 13 to 16, 29, 30, 38, 39 and 41 of this Act, the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985; (b) in sections 1, 16, 19, 30, 36, 39 and 41 of this Act, a parish council and a community council.

54

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

55

After section 5(3)(b) of the Rent (Agriculture) Act 1976 there shall be inserted—

(ba) the Inner London Education Authority; (bb) a joint authority established by Part IV of the Local Government Act 1985;

56

After section 14(c) of the Rent Act 1977 there shall be inserted—

(ca) the Inner London Education Authority; (cb) a joint authority established by Part IV of the Local Government Act 1985;

57

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

58

In the Housing Act 1980—

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

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

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

59

• (1) In the Local Government, Planning and Land Act 1980—

• (a) in section 2(1), at the end of paragraph (k) the word “and” shall be omitted and there shall be inserted—

(ka) a joint authority established by Part IV of the Local Government Act 1985;