Local Government Act 1985

(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;

• (b) in section 20(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”;

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

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

• (f) after section 99(4)(d) there shall be inserted—

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

• (g) in Schedule 16 after paragraph 5 there shall be inserted—

(5A) The Inner London Education Authority. (5B) A joint authority established by Part IV of the Local Government Act 1985.

60

In section 17(4) of the Acquisition of Land Act 1981, in the definition of “local authority” after the words “City of London” there shall be inserted the words “, the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985”.

61

In the Local Government (Miscellaneous Provisions) Act 1982—

• (a) in section 33(9)—

• (i) in paragraph (a), after the words “City of London” 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”; and

• (ii) at the end of paragraph (b) there shall be inserted the words “, in relation to the Inner London Education Authority means the Inner London Education Area, and in relation to such a joint authority means the area for which the authority was established”; and

• (b) at the end of the definition of “local authority” in section 41(13) there shall be inserted—

• and
• the Inner London Education Authority; and
• a joint authority established by Part IV of the Local Government Act 1985;

62

In paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982 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”.

63

In section 60(3) of the County Courts Act 1984 after the words “London borough council” there shall be inserted the words “the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985.”

64

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

65

In paragraph 1 of Schedule 4 to the Housing Defects Act 1984, 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" .

SCHEDULE 15

Part I — Relevant Assistance

1

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

Part II — Consequences of Contravention

2

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

3

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

4

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

5

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

6

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

Part III — Failure to Furnish Information

7

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

SCHEDULE 16

The London Government Act 1963 (c.33)

1

In section 73(1) of the London Government Act 1963 for the words before paragraph (a) there shall be substituted the words “Any of the London borough councils and the Common Council may, for the purpose of giving publicity to the amenities and advantages of their respective areas—”, and in paragraph (d) for the words “Greater London” there shall be substituted the words “their respective areas”.

The Local Government Act 1972 (c.70)

2

In sections 2(1) and 6(2)(a) of the Local Government Act 1972 before the word “county” there shall be inserted the word “non-metropolitan”.

3

In section 7(2) of that Act for the words “a year of election of county councillors” there shall be substituted the words “1977 and every fourth year thereafter”.

4

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

5

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

6

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

7

In section 141(1) of that Act for the words “The council of a county” there shall be substituted the words “The council of a non-metropolitan county”.

8

In section 270(1) of that Act—

• (a) at the end of the definition of “county” there shall be inserted the words “, but in the expressions ”county council’, ”council of a county’, ”county councillor’ and ”councillor of a county’ means, in relation to England, a non-metropolitan county only;”;

• (b) in the definition of “principal area” for the words “county, Greater London” there shall be substituted the words “non-metropolitan county”.

The Local Government, Planning and Land Act 1980 (c.65)

9

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

The Representation of the People Act 1983 (c.2)

10

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

11

In section 35(1) of that Act for the words “every county council” there shall be substituted the words “every non-metropolitan county council”.

SCHEDULE 17

Abolition of GLC and metropolitan county councils.

Filling of vacancies.

Disqualification.

Reorganisation of functions.

Continuity of employment in certain cases of voluntary transfer.

Payment of pensions.

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

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

Accounts.

Audit.

Transitional provisions relating to block grant and expenditure levels.

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

24

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

25

A residuary body shall be treated as a local authority for the purposes of Part III of the Local Government Act 1986 (transfer of local authority mortgages).

26

A residuary body shall be included among the bodies specified in section 58(1) of the Landlord and Tenant Act 1987.

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

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

Editorial notes