The Local Authorities etc. (Miscellaneous Provision) (No. 4) Order 1974

Made: 1st August 1974

Laid before Parliament: 15th August 1974

Coming into Operation: 5th September 1974

The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred upon them by sections 254(1)(a) and (2)(a), (b) and (c) and 266(2) of the Local Government Act 1972 and section 34(1) of the Water Act 1973 and of all other powers enabling them in that behalf, hereby make the following order:—

Title and commencement

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This order may be cited as the Local Authorities etc. (Miscellaneous Provision) (No. 4) Order 1974 and shall come into operation on 5th September 1974.

Territorial extent of exercise of powers

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• (1) Article 10(1), in so far as it relates to Part II of Schedule 2, and article 10(2), are made by the Secretary of State for the Environment.

• (2) Article 10(1), in so far as it relates to Part III of Schedule 2, and article 10(3), are made by the Secretary of State for Wales.

• (3) Subject to paragraphs (1) and (2), this order is made by the Secretary of State for the Environment in relation to England and by the Secretary of State for Wales in relation to Wales.

Interpretation

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• (1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

• (2) In this order “the Act” means the Local Government Act 1972.

• (3) In this order—

• (a) references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment;

• (b) references to any instrument shall be construed as references to that instrument as amended, extended or applied by any other instrument.

• (4) Any reference in this order to a numbered article or schedule shall, unless the reference is to an article or schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order.

Miscellaneous amendments of public general and other Acts

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• (1) In the Act to provide for the better regulation of certain common pastures within the borough of Beverley, enacted on 21st June 1836[^f00001]—

• (a) in section VI (Elections of pasture-masters to be held before mayor), for “or One or more of the Aldermen of the said Borough” there shall be substituted “of the Borough of Beverley or One or more of the Councillors of such Borough”; and

• (b) in section X (In case of death or inability of mayor, council to appoint an alderman to preside at the election of pasture-masters)—

• (i) for “the Mayor of the said Borough” there shall be substituted “the Mayor of the Borough of Beverley”; and

• (ii) for “Aldermen of the said Borough” there shall be substituted “Councillors of the said Borough”.

• (2) In the Local Government Act 1888 in section 69(11), for “the councils of boroughs mentioned in the Third Schedule to this Act” there shall be substituted “the councils of London boroughs and the Common Council of the City of London”.

• (3) In the Abingdon Corporation Act 1951—

• (a) in section 4(2) (interpretation) there shall be inserted—

• “The Town Council” means the Town Council of Abingdon;”;

• (b) in Part IV (fisheries) for “the Corporation”, wherever occurring, there shall be substituted “the Town Council”; and

• (c) in section 52(1) (fishing permits) for “the guildhall in the borough” there shall be substituted “the Abingdon Guildhall”.

• (4) In the Milford Haven Conservancy Act 1958, in Part I of the First Schedule (constitution of the Milford Haven Conservancy Board), for sub-paragraph (h) of paragraph 2 there shall be substituted—

(h) three by the County Council of Dyfed.

• (5) In the Water Act 1958, in Schedule 1 (procedure for making orders), in the first item in the table in paragraph 1(1), for the entry (a) there shall be substituted—

(a) Every local authority whose area would be affected by the order.

• (6) The enactments specified in Schedule 1 are hereby repealed to the extent mentioned in column (3) thereof.

• (7) The repeal of section 3 of the Local Government Act 1888 shall not affect any functions exercised by any authorities existing on or after 1st April 1974.

Amendment and revocation of instruments

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• (1) The Local Government (Conferences) Regulations 1965[^f00002] are hereby revoked.

• (2) In the Local Authorities etc. (Miscellaneous Provision) (No. 3) Order 1974[^f00003] in article 4(1) (dissolution of charter trustees), for “Lydd, Folkestone and Margate” there shall be substituted “Folkestone, Margate and Ramsgate”.

Cheshire Brine Pumping (Compensation for Subsidence) Act 1952

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• (1) The amendments set out in the following paragraphs shall be made in the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952.

• (2) In section 3, the definition of “corporation” shall be omitted; and for the definitions of “county” and “local authority” there shall be substituted—

• “county” means the county of Cheshire; and
• ““local authority” means the council of a district wholly or partly within the compensation district;”.

• (3) In section 8(1), for the words following “of the county council” there shall be substituted “and the district councils of Congleton, Crewe and Nantwich and Vale Royal by those bodies respectively, and in the case of the district councils of Macclesfield, Manchester, Trafford and Warrington in manner provided by Part II of the Second Schedule to this Act and shall be notified by the appropriate officer to the clerk of the Compensation Board not later than the second Thursday in November in the appropriate year”.

• (4) In section 8(2), for the definition of “appropriate officer” there shall be substituted—

• “appropriate officer” means— in the case of the county council, the County Secretary; in the case of the district council of Congleton, Crewe and Nantwich or Vale Royal, the Chief Executive; and in the case of the district councils of Macclesfield, Manchester, Trafford and Warrington, the Chief Executive of the Borough Council of Macclesfield;

• (5) In section 27(3), for the third and fourth items there shall be substituted— “by the District Council of Vale Royal…two”.

• (6) In section 38(1), for “the local planning authority and to the local authority of the county district” there shall be substituted “the county council and to the council of the district”.

• (7) In section 38(2), for “The local planning authority or the local authority” there shall be substituted “The county council or the district council”.

• (8) In section 45(5)(a), for the words preceding “shall apply” there shall be substituted—

The provisions contained in section 236(3) to (8) and in sections 237 and 238 of the Local Government Act 1972

• (9) In section 45(5)(b), for “250” there shall be substituted “235”.

• (10) In section 52(b), for the words preceding “shall apply” there shall be substituted “Sections 173 to 178 of the Local Government Act 1972”.

• (11) In section 56, for “section 290 of the Local Government Act 1933” there shall be substituted “section 250 of the Local Government Act 1972”.

• (12) For Schedule 1 there shall be substituted—

FIRST SCHEDULE The Borough of Congleton other than the area of the former borough of Congleton. The Borough of Crewe and Nantwich other than the parish of Nantwich. The Borough of Macclesfield other than— so much of the area of the former borough of Macclesfield as was comprised in that borough on 31st March 1955; the area of the former urban district of Wilmslow, and the parishes of Adlington, Alderley Edge, Bollington, Bosley, Disley, Hurdsfield, Kettleshulme, Lyme Handley, Macclesfield Forest, Pott Shrigley, Poynton-with-Worth, Prestbury, Rainow, Sutton, Wildboarclough and Wincle. The District of Vale Royal other than the parishes of Alvanley, Aston, Dutton, Frodsham, Helsby, Kingsley, Manley, Norley and Sutton. In the City of Manchester, the parish of Ringway. In the Borough of Trafford, the parishes of Carrington, Dunham Massey, Partington and Warburton. In the Borough of Warrington, the parishes of Lymm and Stretton.

• (13) For Part I of Schedule 2 there shall be substituted—

Osgoldcross Joint Cremation Board

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• (1) The Osgoldcross Joint Cremation Board Order 1954 is hereby revoked.

• (2) The Osgoldcross Joint Cremation Board (hereinafter referred to as “the Board”) shall cease to exist.

• (3) All property and liabilities vested in or attaching to the Board shall by virtue of this order be transferred to and vest in or attach to the City Council of Wakefield (hereinafter referred to as “the City Council”).

All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the Board shall be of full force and effect in favour of, or against, the City Council.

Any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the Board shall not be prejudicially affected by reason of this order, and may be continued, prosecuted and enforced by, or against, the City Council.

• (4) The accounts of the Board and of the committees and officers thereof shall be made up to the date of the coming into operation of this order and shall be audited in like manner and subject to the same incidents and consequences as if the Board had not been dissolved;

Provided that any sum certified by a district auditor as due from any person shall be paid to the City Council.

• (5) Any officer of the Board shall be transferred to the employment of the City Council, and paragraphs (1), (6), (8) and (13) of article 13 of the Local Authorities etc. (Staff Transfer and Protection) Order 1974[^f00004] shall apply to such officer as they apply to officers transferred by an article, scheme or determination mentioned in the said paragraph (1).

Charter of University College of Wales

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• (1) The amendments set out in paragraphs (2) and (3) of this article shall be made in the Charter of the University College of Wales, granted on 10th September 1889, and the provisions of paragraphs (4) to (6) of this article shall have effect for the purposes therein mentioned.

• (2) In article 17 (ex-officio Governors) for paragraphs (1) and (11) there shall be substituted—

(1) The Lord-Lieutenants and Lieutenants of Dyfed and Powys and the Lord-Lieutenant of Gwynedd (or at the wish of the Lord-Lieutenant a Lieutenant of Gwynedd in his place).

(11) The Chairmen and Vice-Chairmen of the education committees of the county councils of Dyfed, Gwynedd and Powys.

• (3) In article 18 (representative Governors)—

• (a) for paragraphs (2) and (3) there shall be substituted—

(2) (i) Twelve persons by the County Council of Dyfed; (ii) Four persons by the County Council of Gwynedd; and (iii) Eight persons by the County Council of Powys.

(3) (i) Four persons by each of the district councils of Brecknock, Carmarthen, Ceredigion, Dinefwr, Llanelli, Meirionnydd, Montgomery, Preseli, Radnor and South Pembrokeshire; and (ii) Two persons by the Town Council of Aberystwyth.

• (b) paragraph (4) shall cease to have effect.

• (4) The following provisions of the said Charter, namely—

paragraph (13) of article 17 (Head Teachers of certain schools to be ex-officio Governors) and

paragraphs (6) and (7) of article 18 (representative Governors to be elected by certain school Managers and Head Teachers)

shall continue to have effect as if the former counties of Brecon, Cardiganshire, Carmarthenshire, Merioneth, Montgomeryshire, Pembroke and Radnorshire were still in existence and were “the said Counties” or “the said seven counties” referred to in those paragraphs.

• (5) Statute 6 of the Statutes of the said University College (regulations relating to the election of representative Governors by certain Head Teachers) shall continue to have effect as if the former counties therein specified were still in existence.

• (6) For the purposes of the first appointments under paragraph (3) of this article—

• (a) the Registrar shall take such action as is necessary to secure elections by the nominating authorities as soon as practicable after the coming into operation of this order;

• (b) the periods of office of the persons so elected shall be deemed to commence on 10th September 1974; and

• (c) Statute 4 of the Statutes of the said University College (certain requirements as to elections of representative Governors etc.) shall not have effect.

Franchise and prescriptive rights

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• (1) The powers to maintain markets in streets and to hold fairs exercisable immediately before 1st April 1974 by the corporation or council of the borough of Helston shall be exercisable by the Town Council of Helston.

• (2) The right of wreck enjoyed immediately before 1st April 1974 by the corporation or council of the borough of Southwold shall be exercisable by the Parish Council of Southwold.

• (3) Any parish council to whom any matter is transferred by paragraph (1) or (2) above shall have the same powers in relation thereto as were exercisable immediately before 1st April 1974 by the corporation or council from whom the matter is transferred.

Property, liabilities, contracts, etc., notices and proceedings

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• (1) Any property described in column (2) of Part I, II or III of Schedule 2 of an authority named in column (1) and all liabilities attaching to the said authority in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority specified in respect of such property in column (3), and—

• (a) all contracts, deeds, bonds, agreements and other intruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the authority named in the said column (1) in respect of such property and liabilities shall be of full force and effect in favour of, or against, the authority specified in column (3); and

• (b) any action or proceeding or any cause of action or proceeding, pending or existing at the coming into operation of this order, by, or against, the authority named in the said column (1) in respect of such property and liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority specified in column (3).

• (2) Articles 11, 17, 23, 28, 29, 32, 33, 34(2), 35, 38 and 39 of the Local Authorities (England) (Property etc.) Order 1973[^f00005] and articles 7 and 8 of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974[^f00006] shall apply as if paragraph (1) above and Parts I and II of Schedule 2 were contained in the said order of 1973.

• (3) Articles 11, 17, 23, 27, 28, 31, 32, 33(2), 34, 37 and 38 of the Local Authorities (Wales) (Property etc.) Order 1973[^f00007] and articles 6 and 8 of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974[^f00008] shall apply as if paragraph (1) above and Parts I and III of Schedule 2 were contained in the said order of 1973.

• (4) The Teesside Airport shall be held by the County Council of Cleveland for the joint use and benefit of themselves, the County Council of Durham and such other local authorities as may from time to time be agreed on by the said county councils.

• (5) The Newcastle Airport shall be held by the County Council of Tyne and Wear for the joint use and benefit of themselves and the County Councils of Durham and Northumberland.

• (6) Article 8 (sewers and sewage disposal works) of the Local Authorities (England) (Property etc.) Order 1973 as extended by article 4(4) of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 shall also apply to branch and trunk sewers constructed by the Harlow New Town Development Corporation under the Public Health Act 1936 and included as general development expenditure in Schedule No. 1 to the Corporation's accounts, and article 16A inserted in the said order of 1973 by article 4(10) of the said order of 1974 shall have effect accordingly.

• (7) In item 26 in Schedule 2 to the Local Authorities (England) (Property etc.) Order 1973 as amended by article 4(18)(c)(viii) of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 the word “Hampshire” wherever occurring, and the entry for the Hampshire police authority in Schedule 4 to the said order of 1973 as amended by article 4(20)(b) of the said order of 1974, shall cease to have effect.

• (8) All property and liabilities immediately before 1st April 1974 vested in or attaching to the Hampshire police authority shall by virtue of this order be transferred to and vest in or attach to the County Council of Hampshire or the Hampshire Police Authority, as may be appropriate, and—

• (a) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the said police authority in respect of such property or liabilities shall be of full force and effect in favour of, or against, the County Council of Hampshire or the Hampshire Police Authority, as the case may be; and

• (b) any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the said police authority in respect of such property or liabilities shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the County Council of Hampshire or the Hampshire Police Authority, as the case may be.

Transfer of certain officers

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Any officer transferred by article 6(8) of the Local Authorities etc. (Staff Transfer and Protection) Order 1974 to the employment of the County Council of Greater Manchester shall be transferred to the employment of such County Council and the City Council of Manchester, and paragraphs (1), (6), (8) and (13) of article 13 of the said order shall apply to such officer as they apply to officers transferred by an article, scheme or determination mentioned in the said paragraph (1).

Compulsory purchase orders

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Where under paragraph (1) of article 22 of the Local Authorities etc. (Miscellaneous Provision) Order 1974[^f00009] a water authority is substituted as the authority to be authorised to acquire the land comprised in a compulsory purchase order and section 121 of the Act is substituted as the Act under which the compulsory acquisition is authorised, that section shall have effect as if any reference therein to a principal council included a reference to the water authority.

Discharges of water or sewage by Thames Water Authority

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Nothing in the Rivers (Prevention of Pollution) Acts 1951 to 1961 (which apply by virtue of section 9 of the Water Act 1973) shall penalise or otherwise render unlawful any discharge from an outlet which on 31st July 1964 formed part of the sewerage works of the London County Council and was used solely for the purpose of discharging storm water or storm sewage in the Thames area as defined in section 94 of the Port of London Act 1968 so long as the outlet continues to be so used.

SCHEDULE 1 — REPEAL OF ENACTMENTS

SCHEDULE 2 — TRANSFER OF PARTICULAR PROPERTIES

PART I

PART II

PART III

Signed

Anthony Crosland — Secretary of State for the Environment — 31st July 1974

John Morris — Secretary of State for Wales — 1st August 1974

Explanatory note

EXPLANATORY NOTE

This Order makes further provision incidental, consequential, transitional and supplementary to the Local Government Act 1972 and the Water Act 1973 relating to—

(a) the amendment, repeal or revocation of certain public general and other Acts and instruments;

(b) the abolition of one joint board;

(c) the charter of the University College of Wales;

(d) the transfer of certain property, etc.;

(e) the transfer of certain officers;

(f) the operation of section 121 of the Act of 1972 in relation to certain compulsory purchase orders; and

(g) discharges of water and sewage by the Thames Water Authority.

Footnotes

[^f00001]: 6 Will. 4 c. lxx.

[^f00002]: (1965 III, p. 4760).

[^f00003]: (1974 II, p. 3637).

[^f00004]: (1974 I. p. 1709).

[^f00005]: (1973 III, p. 6401).

[^f00006]: (1974 I, p. 1276).

[^f00007]: (1973 III, p. 6452).

[^f00008]: (1974 I, p. 1264).

[^f00009]: (1974 I, p. 1690).