Legalize / United Kingdom / Statutory-Instrument

The Local Government Area Changes Regulations 1976

Type Statutory-Instrument

Publication 1976-02-16

State In force

Department Westlaw

Source legislation.gov.uk

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(e) any action or proceeding or any cause of action or proceeding, pending or existing at the appointed day, by, or against, an authority described in the said column (1) in respect of any property or liability transferred by sub-paragraph (a) or (b) shall not be prejudicially affected by reason of the order, and may be continued, prosecuted and enforced by, or against, the authority to whom such property or liability is transferred;

(f) any other action or proceeding or any other cause of action or proceeding, pending or existing at the appointed day, by, or against, an authority described in the said column (1) and within any description of matters specified in respect of such authority in column (2) shall not be prejudicially affected by reason of the order, and may be continued, prosecuted and enforced by, or against, the authority specified in respect of such description of matters in column (3).

Paragraphs 1 to 7 in Part I of Schedule 6 shall have effect in relation to the table in that Part.

Part II of Schedule 6 shall have effect in the application of this paragraph.

(3) Subject to the provisions of paragraphs (1) and (2)—

(a) all property and liabilities vested in or attaching to a dissolved authority shall by virtue of this paragraph be transferred to and vest in or attach to the residuary successor of that authority;

(b) 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, a dissolved authority shall be of full force and effect in favour of, or against, the residuary successor of that authority;

(c) any action or proceeding or any cause of action or proceeding, pending or existing at the appointed day, by, or against, a dissolved authority shall not be prejudicially affected by reason of the order, and may be continued, prosecuted and enforced by, or against, the residuary successor of that authority.

(4) The authority to whom any property other than land is transferred by paragraph (2) or (3) (otherwise than by its particular inclusion in an extension of the table in Part I of Schedule 6 made in the order for the purposes of paragraph (2)) may by resolution agree—

(a) that the property shall not be transferred; or

(b) that it shall be transferred to any other authority named in the resolution,

and in the case of (b) sub-paragraph (a) of paragraph (2) in so far as it relates to liabilities, and sub-paragraphs (c) and (e) thereof, shall apply accordingly.

(a) Subject to sub-paragraph (b), any interest in any property or any liability transferred by paragraph (2) or (3) to the authority for any county, district, London borough, parish or community, or for Greater London, the City, the Inner Temple or the Middle Temple, shall be held or discharged by them in respect of such area as existing on and after the appointed day.

(b) Sub-paragraph (a)—

(i) shall not apply in respect of any interest in any property or any liability which by reason of agreements made (or having effect as if made) by the transferor authority falls to be held or discharged in respect of any specified area; and

(ii) shall have effect subject to the provision of subsections (4) and (5) of section 248 of the Local Government Act 1972 (freemen and inhabitants of boroughs existing prior to 1st April 1974).

(6) Any byelaws in force for the regulation of any property transferred by paragraph (2) or (3) shall have effect as if they had been made by the authority to whom such property is transferred (but in the case of property transferred to a parish meeting or parish trustees only if such byelaws could have been made by the parish meeting).

(7) Any provision of any local Act or of any order made under any Act which applies to any property transferred by paragraph (2) or (3) to any authority shall have effect with the substitution of references to that authority for any references to (or having effect as references to) the authority from whom the property is transferred.

(8) Any authorisation of the borrowing of money in force in respect of any property or liability transferred by paragraph (2) or (3) to any authority may, subject to the terms applicable thereto, be acted on by such authority.

(9) Any excise licence, operators' licence, public service vehicle licence, road service licence, plating certificate or other document issued in respect of any vehicle transferred by paragraph (2) or (3) to any authority shall have effect as if it had been issued to such authority, and any reference to the authority from whom the vehicle is transferred in any such licence or certificate or in any registration book or other document issued in respect of such vehicle shall have effect as a reference to the authority to whom the vehicle is transferred.

(10) The expression “market authority” in Part III of the Food and Drugs Act 1955 shall include any district council to whom such a market as is described in section 49(2) of that Act is transferred by paragraph (2) or (3).

(11) Where parts of any land are in consequence of paragraph (2) or (3), or of both such paragraphs, vested in two different authorities, and any easement or other right over one part is required to enable the other part to be used, the authority in whom the said other part is vested may within the 6 months following the appointed day serve notice on the authority in whom the said one part is vested specifying such easement or other right and requiring the authority in whom the said one part is vested to grant the same to them on terms specified in the notice.

Any question—

(a) whether any easement or other right is required to enable the said other part to be used; or

(b) as to the terms on which any easement or other right shall be conferred,

shall be determined by the decision of a person agreed on by the authorities or in default of agreement appointed by the Secretary of State.

(12) The provision made by this regulation is without prejudice to—

(a) any agreement which may be made for payment in respect of any property transferred by paragraph (2) or (3);

(b) any agreement which may be made under section 68 of the Local Government Act 1972, or arbitration in default of such agreement—

(i) as to the use of any property transferred as aforesaid;

(ii) in relation to any matter not so transferred.

Audit of accounts

63

(1) Sections 154 to 167 (accounts and audit) of the Local Government Act 1972 shall apply in relation to the accounts of any county or district council established by the order, and of the committees and officers thereof, with the substitution in section 154(2)(a) (resolutions as to audit), for “before 1st January 1974” of “within the 6 weeks following the date of their first meeting”.

(2) The said sections shall apply in relation to the accounts of the parish councils, parish meetings or community councils of each of the parishes or communities in a district established by the order and of every joint committee of the councils of two or more parishes or communities, both or all of which are situated in that district, and of the committees and officers of any such body, with the substitution in section 154(2)(d) (resolutions as to audit), for “before 1st January 1974” of “within the 6 weeks following the date of their first meeting”.

(3) The accounts of any dissolved authority (other than charter trustees) and of the committees and officers thereof shall be made up to the appointed day and shall be audited in like manner and subject to the same incidents and consequences as if the order had not been made:

Provided that where the audit of the accounts of a dissolved authority is carried out by a district auditor the expression “the body in question” in section 161(2)(a) (orders for repayment of expenditure declared unlawful) and (4) (certification of sums not brought into account or losses) shall include the residuary successor of the dissolved authority.

Security for loans

64

Where under these regulations, the order or any agreement made under section 68 of the Local Government Act 1972 any liability or part of a liability charged indifferently on all the revenues of a public body or on any particular revenues of such body is transferred to another public body, the liability or part of the liability shall be charged indifferently to all the revenues of the public body to whom it is transferred and shall cease to be a charge on any revenues or fund of the public body from whom it is transferred.

Legal proceedings

65

All legal proceedings pending at the appointed day shall be amended in such manner as may be necessary or proper in consequence of these regulations and the order.

Liabilities to certain funds

66

(1) Where by virtue of these regulations or of the order any matter for the purposes of which in pursuance of paragraph 19 of Schedule 13 to the Local Government Act 1972 moneys forming part of a fund to which that paragraph applies have been used is transferred to an authority other than the authority by whom such fund is maintained on and after the appointed day, the provisions of sub-paragraph (2) of that paragraph, and sub-paragraph (3) thereof in so far as it relates to the debiting of accounts, shall be applicable to the first-mentioned authority.

(2) Where by virtue of these regulations or of the order any matter for the purposes of which in pursuance of regulation B.6 of the Local Government Superannuation Regulations 1974[^f00011] moneys forming part of a superannuation fund have been used is transferred to an authority other than the authority by whom the fund is maintained on and after the appointed day, the said regulation shall apply as if the moneys had been lent to the first-mentioned authority.

(3) Where by virtue of these regulations or of the order any matter in respect of which any advance from a capital fund established under paragraph 16 of Schedule 13 to the Local Government Act 1972 or under any local Act is not fully repaid is transferred to an authority other than the authority by whom such fund is maintained on and after the appointed day, the first-mentioned authority may treat the outstanding amount of the advance as an advance to the capital fund established by them and make such payments to that fund as they consider appropriate, but otherwise any liability to make repayments in respect of the advance shall cease.

(4) Where by virtue of these regulations or of the order any matter in respect of which advances from a consolidated loans fund or loans pool would have fallen to be repaid is transferred to any authority other than the authority by whom such fund or pool is maintained on and after the appointed day—

(a) sums which would have become due and owing to the fund or pool shall be paid by the authority first mentioned to the authority last mentioned:

Provided that the authorities concerned and the lender may agree for the transfer to the authority first mentioned of the liability with respect to any outstanding loan;

(b) the outstanding amount in respect of any such advances shall be shown in the accounts of the authority first mentioned as loans from other local authorities and as advances to the appropriate borrowing account, and in the accounts of the authority last mentioned as loans to other authorities.

(5) In relation to a London borough, any provision of this regulation which applies to the corporation of the borough shall be given effect to by the borough council.

Schemes for the allocation of officers for transfer—Local authorities

67

(1) Schemes for the allocation of officers for transfer shall be made by the councils of counties, districts, London boroughs, parishes and communities, the Greater London Council and the Common Council in accordance with the provisions of this regulation and regulation 69.

(a) Where the area of any authority to be dissolved by the order is not transferred as a whole to the area of one relevant authority a scheme for the allocation of all their officers for transfer shall be made by the first-mentioned authority unless the relevant authorities other than one notify the first-mentioned authority that no officers need be allocated for transfer to them.

(b) In sub-paragraph (a), “relevant authorities” means, in relation to any authority described in column (1) of the following table, the authorities specified in respect thereof in column (2).

(1)	(2)
The council of any county	The councils of the counties in which the area of the county is to be comprised, and if any area of the county is to be comprised in Greater London the Greater London Council
The council of any district or London borough	The councils of the districts and London boroughs in which the area of the district or London borough is to be comprised, and if any area of a London borough is to be comprised in the City the Common Council
The parish authority of any parish or the community council of any community	The parish authorities of the parishes, and the community councils of communities with such councils, in which the area of the parish or community is to be comprised

(i) any person who will by virtue of any agreement entered into between him and any authority enter into the employment of that authority before or on the appointed day; and

(ii) any person as regards any employment which, otherwise than by virtue of the dissolution of the authority, is to be terminated before or on the appointed day.

(3) Where any non-metropolitan county is to become a metropolitan county, with or without any alteration in its area, a scheme for the allocation of officers for transfer to the councils of the districts in the county shall be made by the council of the county.

(4) Where the area of any non-metropolitan district is to be wholly or substantially comprised in a metropolitan county, a scheme for the allocation of officers of the council of the non-metropolitan county for transfer to the councils of the metropolitan county and district shall be made by the council of the non-metropolitan county.

(5) Where any metropolitan district is to be wholly or substantially comprised in a non-metropolitan county a scheme for the allocation of officers for transfer to the council of the non-metropolitan county shall be made by the council of the district unless the council of the county notify the council of the district that no officers need be allocated for transfer to them.

(6) A scheme for the allocation of officers for transfer may be made by any council described in paragraph (1) in any other circumstances in which they consider it appropriate to make a scheme and shall be made by such a council if they are notified by any other such council that they require a scheme to be made.

(7) Nothing in this regulation applies to—

any member of a police force;

any officer of a county council employed for police purposes, including the purposes of section 81 of the Road Traffic Regulation Act 1967; or

any member of a fire brigade.

(8) Subject to paragraphs (2)(c) and (7), paragraph (2)(a), in its application to any authority, applies to any officer who, immediately before the appointed day, will be in the employment of the authority.

Schemes for the allocation of officers for transfer—Other authorities

68

A scheme for the allocation of officers (other than the officers specified in regulation 67(7)) for transfer may be made by any authority to whom regulation 67 does not apply but who are affected by the order.

Provision as to schemes

69

(1) Any scheme made under regulation 67 or 68 or under any provision of the order shall allocate the officers covered by it on the basis of the likely needs of the services to be provided on and after the appointed day.

(2) In any scheme made under regulation 67 any arrangements made under section 101 or 110 of the Local Government Act 1972, or any direction given under the said section 110, shall be taken into account.

(3) In preparing any scheme under regulation 67 or 68 or under any provision of the order an authority shall—

(a) consult the authorities and bodies representative of officers appearing to them to be concerned; and—

(i) notify any officer likely to be allocated for transfer otherwise than to the residuary successor of the authority of such likelihood and supply to him a copy of regulations 67 to 79; and

(ii) take into consideration any representations made by such officer.

(4) Upon making any such scheme an authority shall—

(a) transmit copies thereof to the authorities and bodies representative of officers appearing to them to be concerned; and

(b) notify every officer allocated of such allocation and (unless such copy has already been supplied) supply to him a copy of regulations 67 to 79.

(5) Any such scheme may be amended by the authority by whom it was made, but—

no substantive amendment shall be made in a matter in respect of which there has been no consultation under paragraph (3) with any authority or body representative of staff appearing to the first-mentioned authority to be concerned without such consultation; and

no officer shall be allocated for transfer unless the action described in paragraph (3)(b) has been taken in relation to him.

Upon making any amendment an authority shall—

(a) transmit copies of the scheme as amended or of the amendments to the authorities and bodies representative of officers appearing to them to be concerned; and

(b) notify every officer affected by the amendments of his allocation and (unless such copy has already been supplied) supply him with a copy of regulations 67 to 79.

(6) If notice is given by any authority that they are dissatisfied with the provisions of any such scheme as made or amended the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

Upon any determination which involves a variation of the scheme the authority by whom the scheme was made shall vary it in accordance with the determination and—

(a) transmit copies of the scheme as amended or of the amendments to the authorities and bodies representative of staff appearing to them to be concerned; and

(b) notify every officer affected by the variation of his allocation and (unless such copy has already been supplied) supply him with a copy of regulations 67 to 79.

(7) In the application of paragraph (2)(a), (3), (4), (5) or (6) of regulation 67, regulation 68 or any provision of the order to any authority, any allocation of a person not in the whole-time employment of the authority shall be limited to the extent of his employment with the authority.

(8) Any question by an officer of any authority in relation to the application of a scheme to him may be determined in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between the officer and the authority, and on the determination of such question by any body, any necessary amendment of the scheme shall be made by that body.

(9) No scheme made under any provision of the order shall extend to the officers specified in regulation 67(7).

Transfer of officers

70

(1) Every officer allocated by any scheme made under regulation 67 or 68 or under any provision of the order for transfer to any authority shall, to the extent of the allocation, be transferred to the employment of that authority.

(a) Any other officer of the council of a county, district or London borough or of the Greater London Council or the Common Council employed in the discharge of functions which will after the appointed day be exercisable in an area transferred by the order by another such council, and

(i) being so employed wholly or mainly in premises which will be transferred by regulation 62 to such other council; or

(ii) operating wholly or mainly from such premises; or

(iii) being otherwise so employed wholly or substantially so in relation to the area transferred,

shall on the appointed day be transferred to the employment of such other council.

Sub-paragraphs (b) to (d) shall have effect in the application of this sub-paragraph.

(b) Where on the appointed day any officer has not taken up the duties of his employment he shall be deemed to be employed in, or to be operating from, the premises in which he would be employed or from which he would be operating if he had taken up such duties.

(c) Where any officer is on the appointed day absent from his normal duties for the purposes of undergoing training sub-paragraph (a) shall apply—

(i) if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, on the appointed day, occupying such different place, situation or employment;

(ii) otherwise as if he was, on the appointed day, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training.

(d) Where any officer is on the appointed day absent from his normal duties otherwise than for the purpose of undergoing training he shall be deemed to be discharging such duties, and to be discharging them in, or from, the premises in, or from, which he normally discharges them.

(3) Any other officer of a dissolved authority (other than charter trustees) shall be transferred to the employment of the residuary successor of that authority.

(4) Nothing in paragraph (2) or (3) applies to any person described in (i) or (ii) of sub-paragraph (2)(c) of regulation 67 or in paragraph (7) of that regulation.

(5) Subject to paragraph (4), paragraph (2) or (3), in its application to any authority, applies to any officer who immediately before the appointed day is in the employment of the authority, but in the case of a person not in the whole-time employment of the authority the transfer effected by such paragraph in such application is limited to the extent of his employment with the authority.

(6) Any officer who will be transferred by paragraph (2) or (3) shall be notified by the authority employing him of such transfer not later than one month before the appointed day, and (unless such copy has already been supplied) shall be supplied with a copy of regulations 67 to 79.

(a) The following questions by an officer of any authority, namely—

(i) any question of hardship; and

(ii) any question whether he is or is not employed in any manner specified in paragraph (2)(a);

may be determined in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between the officer and the authority.

(b) Any question described in item (ii) of sub-paragraph (a) shall be raised as soon as may be and in any case not later than the expiration of 2 months (or such longer period as may be agreed by the authority) from the notification under paragraph (6).

(c) Where any question described in sub-paragraph (a) has been determined before the appointed day in such manner that no transfer of the officer is appropriate the officer shall not be transferred by this regulation.

(d) Where any such question is so determined in such manner that a transfer of the officer otherwise than in accordance with the provisions of paragraphs (1) to (3) is appropriate the officer shall be transferred on the appointed day in accordance with the determination.

(e) Where any such question is determined on or after the appointed day in such manner that a transfer or further transfer of the officer is appropriate the officer shall be transferred in accordance with the determination at the expiration of 28 days from the date thereof or such other date as may be agreed by the authorities concerned and the officer.

(f) Where it is determined that an officer will sustain or has sustained hardship in consequence of his transfer (and sub-paragraph (c), (d) or (e) is not applicable) the authority to whom he will be or has been transferred shall in consultation with the officer and representatives of their employees seek a remedy and, not later than the expiration of one month (or such longer period as may be agreed by the officer) following the notification of the determination, notify the officer of any remedy which they are able to offer him or that they are unable to offer him any remedy but that an allowance would be paid to him in respect of the hardship.

(g) In either event, the officer shall be informed that he may, subject to sub-paragraph (j), request that his employment be terminated and of his entitlements if it is so terminated.

(h) Any remedy offered under sub-paragraph (f) may be accepted by the officer within the 2 months following the notification thereof, or within such longer period as may be agreed by the authority.

(i) An allowance in respect of hardship shall be by periodic payments of such amount as may be determined by agreement between the officer and the authority or failing such agreement in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between them.

(j) No such request as is described in sub-paragraph (g) shall be made after the expiration of 2 months from the determination of the amount of the periodic payments of the allowance.

(k) Regulation 77 shall not apply to any officer to whom an allowance is payable under this paragraph.

(l) If the remedy offered is, with the agreement of the authority from whose employment the officer was transferred, transfer back to the employment of that authority, and that remedy is accepted by the officer and he is so transferred, paragraph (12) of regulation 71, and regulations 72 to 78, shall cease to apply to him. Otherwise, such provisions shall apply to any officer transferred under sub-paragraph (f) as they apply to officers transferred by this regulation.

Protection of officers transferred

71

(1) Every officer transferred by or under regulation 70 to the employment of any body (other than an officer transferred under paragraph (7)(f) of that regulation back to the employment of the authority from whose employment he was transferred) shall, so long as he continues in that employment by virtue of the transfer and until he is served with a statement in writing referring to these regulations and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before the appointed day.

(2) A statement of new terms and conditions of employment shall not be served on any officer in relation to whom a question has been referred under regulation 70(7) until the determination of the question has been notified.

A statement of new terms and conditions of employment shall not be served on any officer to whom sub-paragraphs (f) to (l) of regulation 70(7) apply until the remedy offered under the said sub-paragraph (f) or the allowance there referred to has been accepted by the officer.

(3) Subject to paragraph (2), a statement of new terms and conditions of employment may be served before the appointed day.

(4) Subject to paragraph (2), a statement of new terms and conditions of employment shall be served before the expiry of 12 months after the appointed day.

(5) If after service of a statement of new terms and conditions of employment upon any officer (whether before the appointed day or otherwise) a question is referred under regulation 70(7), the statement shall cease to have effect and paragraphs (1) and (2) shall have effect as if the statement had not been served.

(6) The new terms and conditions of employment shall be such that—

(a) so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before the appointed day, the scale of his salary or remuneration is not less favourable than that which he enjoyed immediately before the appointed day; and

(b) the other terms and conditions of his employment are not less favourable than those which he enjoyed immediately before the appointed day.

(7) Where between the appointed day and the service of the statement of new terms and conditions of employment upon any officer the scale of the salary or remuneration which such officer enjoyed immediately before the appointed day is improved, paragraph (6)(a) shall have effect as if the scale as improved has been so enjoyed.

(8) Where the new terms and conditions of employment involve any diminution of the scale of the salary or remuneration of an officer they shall not come into effect until the date, not earlier than the expiration of 3 months from the service of the statement thereof, specified in that statement.

(9) Any question by an officer of any authority—

whether duties are reasonably comparable within the meaning of paragraph (6);

whether the scale of his salary or remuneration is such as is required by paragraphs (6) and (7); or

whether the other terms and conditions of his employment are not less favourable than those which he enjoyed immediately before the appointed day,

shall be determined in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between the officer and the authority.

(10) In this regulation, “terms and conditions of employment” includes any restriction arising under any Act or any instrument made under any Act on the termination of the employment of any officer.

(11) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1972 shall not be regarded as a statement of new terms and conditions of employment for the purposes of this regulation unless the statement so indicates.

(12) A notice to terminate the contract of employment of any officer transferred by regulation 70, given by reason of the fact that the officer to whom it is given has become redundant in consequence of the order, shall, unless such officer otherwise agrees, not come into operation earlier than the expiration of 3 months from the service thereof.

Secondary transfers

72

Any officer transferred by regulation 70 to the employment of any authority may, within the 2 years following the appointed day, be transferred by the said authority, with the agreement of any other authority, and of the officer, to the employment of that other authority, and regulation 71 shall thereupon apply to such officer as it applies to officers transferred by regulation 70.

Apprenticeships

73

Any contract of apprenticeship entered into between any person and a dissolved authority shall have effect as a contract entered into between such person and the authority to whose employment he is transferred by regulation 70 or under regulation 72 or would have been so transferred if he had been in the employment of such dissolved authority.

Saving for training arrangements

74

Where any officer transferred by regulation 70 or under regulation 72 is undergoing training under arrangements which have not been discharged before the appointed day, those arrangements shall continue to apply with the substitution, for the authority in whose employment the officer was prior to the commencement of the training, of the authority to whose employment he has been transferred as aforesaid.

Saving for dispensations

75

Any dispensation from the requirements of any Act or of any instrument made under any Act granted to the authority from whom any officer is transferred by regulation 70 or under regulation 72 shall have effect, in relation to such officer, as if it had been granted to the authority to whose employment he has been transferred as aforesaid.

Saving for extensions of service

76

Any extension of service under regulation L.15 of the Local Government Superannuation Regulations 1974 effective on the appointed day in relation to an officer transferred by regulation 70 or under regulation 72 shall continue to have effect as if it had been made by the authority to whose employment he has been transferred as aforesaid.

Travelling and removal expenses

77

Any additional travelling expenses, and any removal or incidental expenses, reasonably incurred by any officer in consequence of the order shall be reimbursed by the authority to whose employment he is transferred by regulation 70 or under regulation 72.

Commencing points on scales

78

Where in relation to any officer—

(a) on the scale of salary or remuneration applicable to him immediately before the appointed day he would have become entitled to an increment on that day; and

(b) by reason of any appointment effective as from the appointed day made by the authority to whose employment he is transferred by regulation 70 or under regulation 72, any other scale of salary or remuneration becomes applicable to him as from that day,

Continuity of employment

79

Where, apart from this regulation, a person's continuity of employment would be broken by any transfer referred to in (a) or (b) then nevertheless, for the purposes of the Redundancy Payments Act 1965, section 28 of the Industrial Relations Act 1971 as re-enacted in paragraph 10 of Schedule 1 to the Trade Union and Labour Relations Act 1974 (qualifying period for protection from unfair dismissal), sections 1 and 2 of the Contracts of Employment Act 1972 (minimum periods of notice) and section 61 of the Employment Protection Act 1975—

(a) the period of his employment in the employment from which he is transferred by paragraph (1), (2), (3) or (7)(d) or (e) of regulation 70 and the period of his employment in the employment to which he is transferred by such provision shall in the case of an officer further transferred by or under paragraph (7)(e) or (f) of the said regulation or under regulation 72 count as a period of employment in the employment to which he is so further transferred;

(b) the period of his employment in the employment from which he is transferred by paragraph (1), (2), (3) or (7)(d) or (e) of regulation 70 shall in the case of any other officer so transferred count as a period of employment in the employment to which he is so transferred; and

Appointment of officers before appointed day

80

(1) Where before the appointed day the local authority for any area established or altered by the order appoint to hold any office or employment before or as from that day any person (hereinafter referred to as “the officer”) who is in the employment of the local authority for any area so altered or abolished, the appointment shall be on such terms and conditions that—

(a) so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before the appointment, the scale of his salary or remuneration; and

(b) the other terms and conditions of his employment,

are not less favourable than those he enjoyed immediately before the appointment.

Any question by the officer—

whether duties are reasonably comparable as aforesaid; or

whether the scale of his salary or remuneration or the other terms and conditions of his employment are not less favourable than those which he enjoyed immediately before the appointment,

shall be determined in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between the officer and the first-mentioned authority.

In this paragraph, “terms and conditions of employment” includes any restriction arising under any Act or any instrument made under any Act on the termination of the employment of any officer.

(2) This paragraph may be applied by the order in respect of any authority (hereinafter referred to as “the new employing authority”) and of any authority specified in relation thereto (hereinafter referred to as “the existing employing authority”) and in this paragraph “the officer” means a person appointed as mentioned in paragraph (1).

The appointment of an officer to hold any office or employment before the appointed day shall not result in his employment by the new employing authority until that day, and his employment by the existing employing authority shall continue to that day, unless determined otherwise than by reason of the said appointment; and—

(a) the existing employing authority shall place the services of the officer at the disposal of the new employing authority to such extent as may be agreed between the said authorities;

(b) the salary or remuneration payable by the existing employing authority to the officer at any time shall be the aggregate of the following amounts, namely—

(i) the amount of the salary or remuneration which would have been payable by the existing employing authority apart from their action under (a) hereof which is for the time being agreed between the existing employing authority and the officer to be appropriate having regard to such action; and

(ii) the amount for the time being agreed between the new employing authority and the officer in respect of the office or employment; and

(i) the amounts described in (b)(ii) hereof paid by the existing employing authority; and

(ii) such proportion of all other payments to or in respect of the officer as may be agreed between the said authorities or, failing such agreement, as may be determined by a person agreed on by them or in default of agreement appointed by the Secretary of State:

Provided that the said authorities may, in any particular case, agree that no reimbursement shall be made.

(3) Paragraphs (1) and (2) shall apply, where an officer appointed by the new employing authority is in the employment of two or more existing employing authorities, and paragraph (1) shall apply, where the officer is in two or more employments of one such authority, as if he were only in the employment in respect of which there is paid to him the highest salary or remuneration, or if two or more salaries or remunerations are equal such employment as the new employing authority shall determine.

(4) Where an adjustment of superannuation funds is required to be made in respect of any person to whom paragraphs (1) to (3) apply and in consequence of action taken under those paragraphs his remuneration is higher or lower than it would have been if those paragraphs had not applied to him, no account shall be taken of that increase or decrease in determining his remuneration for the purposes of calculating the amount payable by way of adjustment but the said amount shall be increased or decreased as the case may be by a sum equivalent to the aggregate of the contributions payable or which would have been payable by the employing authority and the employee in respect of the amount by which his remuneration was increased or decreased during the period for which the said paragraphs apply to him.

Gratuities and pensions

81

(1) Where at any time before the appointed day a gratuity or allowance, by way of periodical payment or an annuity—

(a) has been granted to any person by any authority on his ceasing to be employed by them; or

(b) has been granted to the widow or other dependant of a person who died while in or after leaving the employment of any authority,

and, if payment in respect of the gratuity or allowance had continued in accordance with the terms of the grant or any subsequent increase, one or more payments would have been made on or after the appointed day (whether under legal obligation or otherwise) by a dissolved authority, those payments shall be made by the specified authority.

(2) Without prejudice to paragraph (1), where, if the order had not been made, any dissolved authority would for the purposes of any statutory provision relating to pensions have been the employing authority or former employing authority in relation to a person who died before the appointed day while in the employment of, or otherwise ceased to be employed by, any authority, or the widow or other dependant of such a person, the specified authority shall be treated as being at that time the employing authority or former employing authority for those purposes in relation to that person, his widow or other dependant.

(3) In paragraphs (1) and (2), “the specified authority” means —

(a) if the person described in (a) or (b) of paragraph (1) or in paragraph (2) was—

(i) in the case of a person who died while in the employment of the authority, last employed before he died; or

(ii) otherwise, last employed before he ceased to hold the employment referred to,

exclusively in the discharge of functions in relation to any area transferred by the order and those functions are, on and after the appointed day, exercisable in relation to that area by an authority other than the residuary successor of the dissolved authority, that other authority; and

(b) otherwise, the residuary successor of the dissolved authority.

Inspection of documents

82

(1) This regulation shall apply in the circumstances set out in the entries in column (1) of the following table and in this regulation “transferred area” means an area described in any such entry, and—

“transferor authority”, in relation to any transferred area, means an authority specified in respect of the area in column (2) in whose area the transferred area is comprised before the appointed day; and

“transferee authority”, in relation to any transferred area, means an authority specified in respect of the transferor authority in column (3) in whose area the transferred area is comprised on and after the appointed day.

(1)	(2)	(3)
Where an area is transferred from a metropolitan county and district to a non-metropolitan county and district	The county council The district council	The county council The county council The district council
Where an area is transferred from a non-metropolitan county and district to a metropolitan county and district	The county council The district council	The county council The district council The district council
Where an area is otherwise transferred from a county and district to another county and district	The county council The district council	The county council The district council
Where an area is transferred from a district to another district in the same county	The district council	The district council
Where an area is transferred from a county and district to Greater London and a London borough	The county council The district council	The Greater London Council The London borough council
Where an area is transferred from Greater London and a London borough to a county and district	The Greater London Council The London borough council	The county council The district council
Where an area is transferred from a London borough to another such borough	The London borough council	The London borough council
Where an area is transferred from a London borough to the City, the Inner Temple or the Middle Temple	The London borough council	The Common Council The Sub-Treasurer The Under Treasurer
Where an area is transferred from the City, the Inner Temple or the Middle Temple to a London borough	The Common Council The Sub-Treasurer The Under Treasurer	The Greater London Council The London borough council
Where an area is transferred from the City to the Inner Temple or the Middle Temple	The Common Council	The Sub-Treasurer The Under Treasurer
Where an area is transferred from the Inner Temple or the Middle Temple to the City	The Sub-Treasurer The Under Treasurer	The Common Council
Where an area is transferred from a parish or community to another such area	The parish authority or community council or where in Wales there is no community council the district council	The parish authority or community council or where in Wales there is no community council the district council
Where an area in England becomes or becomes part of a parish	The district council	The parish authority
Where an area in England ceases to be part of any parish	The parish authority	The district council

(2) As from the coming into operation of the order any officer of a transferee authority, duly authorised in that behalf, shall for the purposes of the functions of the authority by whom he is employed, be entitled during ordinary office hours to inspect and take copies of or extracts from any books or documents of a transferor authority relating to the transferred area not in the custody of the transferee authority, and a transferor authority shall supply such information and afford such assistance in relation to such books and documents as a transferee authority may reasonably require.

(3) In relation to any highways in an area transferred from a district to another district in the same county—

(a) if such highways are immediately before the appointed day being maintained by the district council by virtue of section 187(2)(a) of the Local Government Act 1972 but will on and after that day be maintained by the county council, paragraph (2) shall apply as if the county council were a transferee authority; and

(b) if such highways are immediately before the appointed day being maintained by the county council but will on and after that day be maintained by the district council by virtue of the said section 187(2)(a), paragraph (2) shall apply as if the county council were a transferor authority.

Minutes of last meetings

83

(1) This regulation shall apply to any dissolved authority other than parish trustees and to the committees and sub-committees thereof.

(2) The minutes of the last meeting of any body to whom this regulation applies shall if practicable be signed at such meeting.

(3) If it is not practicable for the minutes to be so signed they may be signed by the person who presided at the meeting in accordance with paragraph (4), (5) or (6), and—

(a) any minute purporting to be so signed shall be received in evidence without further proof; and

(b) until the contrary is proved, the meeting in respect of the proceedings whereof a minute has been made and so signed shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified, and where the proceedings are the proceedings of a committee or sub-committee the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

(4) Minutes of the proceedings of the last meeting of any body to whom this regulation applies other than a committee or sub-committee or a parish meeting may be signed as aforesaid on or after the 7th day following the transmission to every member of the body of a copy of the minutes and of a notification of the purport of paragraph (3) and this paragraph. The person who presided at the meeting shall take into consideration any representations made by any such member.

(5) Minutes of the proceedings of the last meeting of a committee or sub-committee may be signed as aforesaid on or after the 7th day following the transmission to every member of the committee or sub-committee of a notification of the purport of paragraph (3) and this paragraph, with a copy of the minutes or information as to the availability of a copy for inspection. The person who presided at the meeting shall take into consideration any representations made by any such member.

(6) Minutes of the proceedings of the last meeting of a parish meeting may be signed as aforesaid after such consultation as the person presiding at the meeting shall think appropriate.

(7) If the person who presided at the meeting is not able to sign the minutes in accordance with paragraph (4), (5) or (6), paragraph (3) and such paragraph shall have effect with the substitution for any reference to the person who presided at the meeting of a reference to such person as the Secretary of State may direct.

General provision as to disputes

84

(1) Any question as to the interpretation of these regulations (other than regulation 24) or of the order may be determined by the decision of a person agreed on by the authorities concerned or in default of agreement appointed by the Secretary of State.

(2) Where a determination required by any provision in Part II of Schedule 6 has not been made by the transferor authority before the appointed day notice that a question exists may be given within the 12 months following the appointed day by any authority concerned.

(3) Where—

(a) at the appointed day—

(i) notice has been given by any authority under any provision in Part II of Schedule 6; or

(ii) notice has been given by any authority that the interpretation of any provision made by paragraphs (2) or (3) of regulation 62 is in dispute;

and the question has not been determined; or

(b) thereafter, but within the 12 months following the appointed day—

(i) notice is given by any authority under any provision in Part II of Schedule 6;

(ii) notice is so given under paragraph (2); or

(iii) notice is so given that the interpretation of any provision made by paragraphs (2) or (3) of regulation 62 is in dispute,

then from the appointed day or from the later day on which the notice is given, as the case may be—

(k) paragraph (2) of regulation 62 shall cease to have effect in relation to the property;

(l) where the transferor authority is dissolved by the order, paragraph (3) of that regulation shall apply to the property and to any liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending and causes of action or proceeding existing in relation thereto, as temporary provision pending the determination of the question:

Provided that the authorities concerned may by instrument in writing agree that any authority may in such application be substituted for the residuary successor of the dissolved authority;

(m) where notice has been given under paragraph (2), the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State; and

(n) on the determination of the question whether under (m) or otherwise—

(x) the determination shall specify the authority to whom the property is to be transferred; and

(y) if paragraph (3) of regulation 62 has been applied by (l) it shall cease to have effect; and

(z) the property shall by virtue of the determination be transferred to and vest in the authority specified in the determination, and the provisions of these regulations which would have applied to the property if the transfer had been effected by paragraph (2) of regulation 62 shall apply to it.

(4) Any reference in any provision of these regulations for the decision of any question by a person shall be construed as including a reference to three persons.

(5) Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of any question by any person or persons under any provision of these regulations as if such determination were an arbitration under any other Act within the meaning of that section.

General savings

85

(1) Nothing in these regulations or the order shall affect—

(a) the definition of any parliamentary constituency, the division of any parliamentary constituency into polling districts or the designation of polling places;

(b) any ecclesiastical parish or district;

(d) the area for any purposes of any water authority;

(e) the area for the supply of water of any company;

(f) the functions of the conservators of any common;

(g) any order in force under the Shops Act 1950;

(h) any inquest begun before the appointed day;

(i) any right or interest under any inclosure award.

(2) Save as provided in the order, nothing in these regulations or the order shall affect—

(a) any electoral area;

(b) any petty sessions area or coroner's district;

SCHEDULE 1 — PETTY SESSIONS AREAS

PART I — PROVISIONS APPLYING WHERE AN AREA IS TRANSFERRED FROM ONE PETTY SESSIONS AREA TO ANOTHER SUCH AREA

1

In this Part, “transferred area” means an area transferred from one petty sessions area to another such area, and—

“community service order” means an order made under section 14 of the Powers of Criminal Courts Act 1973;

“probation order” means a probation order made or having effect as if made under section 2 of that Act;

“supervision order” means any of the following orders, namely— a supervision order within the meaning of section 11 of the Children and Young Persons Act 1969 or to which paragraph 12 of Schedule 4 to that Act applies; an order under section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960; an order under section 2(2)(a) of the Guardianship Act 1973; a supervision order within the meaning of section 26 of the Powers of Criminal Courts Act 1973;

“the transferor area” means the petty sessions area from which the transferred area is transferred, and “the transferor justices” means the justices who ordinarily act for such petty sessions area; and

“the transferee area” means the petty sessions area to which the transferred area is transferred, and “the transferee justices” means the justices who will, on and after the appointed day, ordinarily act for such petty sessions area.

2

Subject to the following paragraphs, any process issued, order made, sentence passed, appeal brought, case stated, licence granted, recognizance entered into, proceeding begun, appointment made or other thing done before the appointed day by, from, to or before any of the transferor justices in relation to any matter arising in or concerning the transferred area, shall, on and after that day, be deemed to have been issued, made, passed, brought, stated, granted, entered into, begun or done by, from, to or before the transferee justices or their clerk, as the case may be.

3

Any order made, licence granted or other thing done under the Licensing Act 1964 by the transferor justices in relation to any premises in the transferred area, being an order or licence in force or other thing having effect immediately before the appointed day, shall continue to have like effect on and after that day as if the order had not been made but shall be treated as if it had been made, granted or done by the transferee justices.

4

Anything done under the Betting, Gaming and Lotteries Act 1963 or the Gaming Act 1968 by or in relation to the betting licensing committee for the transferor area in relation to any matter arising in or concerning the transferred area, being a thing having effect immediately before the appointed day, shall continue to have effect on or after that day as if the order had not been made but shall be treated as if it had been done by or in relation to the betting licensing committee for the transferee area; and anything done under either of those Acts by or in relation to any other person or body shall have effect accordingly.

5

(1) Any order made by a magistrates' court directing the payment of money to the clerk or any other officer of a magistrates' court acting for the transferor area, in relation to any matter arising in or concerning the transferred area, shall have effect as if it had directed payment to be made to the clerk to the justices for the transferee area.

(2) Where on the appointed day periodical payments are by virtue of sub-paragraph (1) payable under section 52 of the Magistrates' Courts Act 1952 through the clerk to the justices for the transferor area to a person who resides outside that area, in relation to any matter arising in or concerning the transferred area, the said clerk may amend the order so as to require payments to be made through the clerk to the justices for the transferee area and, if he does so, shall give notice of the amendment to the person entitled to the payments, to the person required to make the payments and to the justices' clerk for the transferee area.

6

Where the transferor area is named in a community service order, probation order or supervision order, and the person named in the order is immediately before the appointed day residing in the transferred area, the powers and functions of the transferor justices in relation to the order shall vest in and be discharged by the transferee justices, and the order, unless amended in regard to the petty sessions area named therein, shall have effect in all respects as if the transferee area were named therein.

7

Any process, records or other document in relation to any matter arising in or concerning the transferred area in the custody, by virtue of his office as such, of the clerk to the justices for the transferor area shall—

(a) if such clerk is the clerk to the justices for the transferee area, be retained by him in that capacity;

(b) otherwise, be transferred by him to the clerk to the justices for the transferee area.

PART II — PROVISION APPLYING WHERE A PETTY SESSIONS AREA CEASES TO EXIST

Where a community service order, probation order or supervision order (within the meanings set out in paragraph 1 of Part I) is in force, and the offender, probationer or person under supervision is residing outside any area transferred by the order, the justices for any petty sessions area may amend the order in regard to the petty sessions area named therein as if the offender, probationer or person under supervision, as the case may be, had changed his residence.

PART III — PROVISIONS APPLYING WHERE A PETTY SESSIONS AREA IS CONSTITUTED

SCHEDULE 2 — FAMILY PRACTITIONER SERVICES

1

In this Schedule “the transferred area” means the area transferred from the area of one area health authority (hereinafter referred to as “the transferor authority”) to the area of another such authority (hereinafter referred to as “the transferee authority”), and—

“the Secretary of State” means the Secretary of State for Social Services or the Secretary of State for Wales;

“the transferor area” means the area of the transferor authority and “the transferor committee” means the family practitioner committee established for that area; and

“the transferee area” means the area of the transferee authority and “the transferee committee” means the family practitioner committee established for that area.

2

Subject to the following paragraphs—

(a) all arrangements for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services made by the transferor committee shall, so far as they relate to the transferred area, remain of full force and effect as if made on behalf of the transferee authority by the transferee committee;

(b) any decision given before the appointed day by the local medical committee, local dental committee, local optical committee or local pharmaceutical committee for the transferor area shall, in so far as it relates to the transferred area, have effect as if it had been given by the corresponding committee for the transferee area; and

(c) any reference in any instrument to the local medical committee, local dental committee, local optical committee or local pharmaceutical committee for the transferor area shall, in so far as it relates to the transferred area, have effect as if it had been a reference to the corresponding committee for the transferee area.

3

Any services provided as part of general medical services, general dental services, general ophthalmic services or pharmaceutical services which have been commenced in the transferred area but not completed before the appointed day, and any matters arising in consequence of such services completed before that day, may be continued with the substitution for the transferor committee, as regards any responsibility for the administration (including payment) of those services, of the transferee committee.

4

Any proceedings under Part II of the National Health Service (Service Committees and Tribunal) Regulations 1974[^f00013] in relation to services provided before the appointed day in the transferred area may be instituted and carried on, or as the case may be, continued in all respects as if the order had not been made. Any direction for the withholding of remuneration following such proceedings may be given to such family practitioner committee as the Secretary of State may think fit.

5

Any proceedings before the transferor committee instituted before the appointed day for determining whether the replacement or repair of an appliance is necessitated—

(a) in the case of an optical appliance, by lack of care on the part of the person supplied; or

(b) in the case of a dental appliance, by an act or omission of the person supplied or (if it occurred when such person was under 16 years of age) of him or of the person having charge of him when it occurred;

6

Any medical practitioner who immediately before the appointed day is included in the medical list of the transferor committee and who at that date—

(a) has a surgery in the transferred area, or

(b) has on his list any patient permanently residing in such area,

7

Any practitioner who immediately before the appointed day is providing services under section 38(1) of the National Health Service Act 1946 as set out in section 42 of the National Health Service Reorganisation Act 1973 or under section 40 or 41 of the said Act of 1946 from premises within the transferred area shall be included in the dental, ophthalmic or pharmaceutical list, as appropriate, of the transferee committee.

8

Anything duly done by, and any application duly made, or direction, authorisation or notice duly given to—

(a) the Secretary of State;

(b) the transferor committee;

(d) the Welsh Health Technical Services Organisation;

(e) the Dental Estimates Board; or

(f) any other body dealing with family practitioner services,

9

Any instrument made by any of the bodies specified in paragraph 8, in so far as it was made in the exercise of any function referred to in that paragraph, shall continue in force until it is varied or revoked by the body exercising such function in place of the body by which such instrument was made.

10

Any form supplied by any of the bodies specified in paragraph 8 in the exercise, by such body, of a function which by virtue of any directions given under section 7 of the National Health Service Reorganisation Act 1973 or of any other provision of that Act is a function exercisable by an area health authority or a family practitioner committee shall continue to be a valid form in connection with the exercise of any function until it is cancelled or withdrawn by the Secretary of State or by the body exercising the function in place of the body by which the form was supplied, and as if any reference contained, in such a form to a body by which the function was exercisable before the appointed day was a reference to the body exercising that function on and after that day.

SCHEDULE 3 — ROAD TRAFFIC AND HIGHWAYS

Road traffic orders and schemes

1

Any order or scheme made or having effect as if made under any provision of the Road Traffic Regulation Act 1967 or section 31 of the Road Traffic Act 1972 by any authority shall, so far as it relates to any road in any area transferred by the order from the area of that authority, have effect as if it had been made by the authority empowered to make such an order or scheme for the road on and after the appointed day and if the power under which the order or scheme would have been made by that authority is one different from the power under which it was made as if it had been made under the power first mentioned.

2

(1) Sub-paragraphs (2) to (4) shall apply in relation to—

parts of roads authorised for use as parking places under section 28 of the Road Traffic Regulation Act 1967; and

parking places on highways designated under section 35 (parking places where charges made) of that Act.

(2) In relation to such parking places in any area transferred to a county and district in Wales the reference in paragraph 1 to the authority empowered to make such an order or scheme shall be construed—

in the case of an order made by a county council, as a reference to the council of the county to which the area is transferred;

in the case of an order made by a district council, as a reference to the council of the district to which the area is transferred.

(3) In relation to such parking places in any other area transferred to a district in Wales the said reference shall be construed, in the case of an order made by a district council, as a reference to the council of the district to which the area is transferred.

(4) In relation to such parking places in any area transferred to Greater London the said reference shall be construed as a reference to the Greater London Council.

3

Paragraphs 1 and 2 shall have effect subject to the provision of paragraph 4.

Division of instruments affecting highways

4

Where provision as respects any length of highway is contained in an instrument made, submitted or published in draft before the appointed day under any enactment and on and after that day parts of that length are situated in the areas of two or more authorities so that, if provision had been made on or after that day as respects that length, separate instruments made, submitted or published in draft by each of those authorities would have been required, then—

(a) the instrument shall have effect on and after the appointed day as such number of separate instruments as would then be required for that provision, each instrument relating to the part of that length of highway situated in the area of one authority and containing references to that authority instead of references to the authority by whom it was made, submitted or published in draft, and

(b) if the instrument is an order or scheme in relation to which some, but not all, of the necessary procedural steps have been taken before the appointed day—

(i) any notice given or published and any other document made or issued in connection with the order or scheme before that day shall similarly have effect on and after that day as such number of separate notices and documents (each containing references to the authority first mentioned in (a)) as may be requisite;

(ii) any remaining procedural steps required to be taken by the authority by whom the scheme was made, submitted or published in draft may be carried out separately by the several authorities concerned; and

(iii) the orders and schemes as made, confirmed or approved shall (so far as practicable) reflect the division into separate instruments.

General provisions relating to highways

5

(1) This paragraph shall apply where—

(a) an area is transferred from the area of one highway authority to the area of another such authority; or

(b) an area is transferred from one district to another district in the same county, and in this paragraph “transferred area” means an area so transferred, and “the transferee district”, in relation to any transferred area, means the district council to whose area the transferred area is transferred.

In the application of (a) to a county, district or London borough regulation 3(4) shall apply.

(2) Where, at the appointed day, in relation to any highway in a transferred area, under the provisions of any enactment or otherwise, any act has been done by, any notice or payment has been given or made to, or any right or duty has been conferred or imposed on—

(a) the highway authority in their capacity as highway authority for the highway; or

(b) the district council in their maintenance of the highway undertaken under section 187(2)(a) of the Local Government Act 1972,

then, on and after the appointed day, that act shall be deemed to have been done, that notice or payment shall be deemed to have been given or made, and that right or duty shall be deemed to have been conferred or imposed—

(i) if the act, notice, payment, right or duty relates to the maintenance of a highway which under regulation 36 or otherwise under section 187(2) of the Act the transferee district council are entitled to maintain, by, to or on that council;

(ii) otherwise, by, to or on the highway authority,

and accordingly any document comprising or relating to the act, notice, payment, right or duty shall have effect on and after the appointed day as if for any reference therein to the highway authority or district council mentioned in (a) or (b) there were substituted a reference to the district council or highway authority specified in (i) or (ii).

(3) Where, at the appointed day, in relation to any highway in a transferred area, under the provisions of any enactment, any act has been done by, any notice or payment has been given or made to, or any right or duty has been conferred or imposed on, a local authority (other than a parish council or community council) otherwise than as highway authority, then, subject to sub-paragraph (4), on and after the appointed day that act shall be deemed to have been done by, that notice or payment shall be deemed to have been given or made to, or that right or duty shall be deemed to have been conferred or imposed on, the specified authority, and accordingly any document comprising or relating to the act, notice, payment, right or duty shall have effect on and after the appointed day as if for any reference therein to the said local authority there were substituted a reference to the specified authority.

In this paragraph, “the specified authority” means the council of the county, district or London borough in which the highway is situated, or in the case of a highway situated in Greater London or the City the Greater London Council or the Common Council, by whom the function in connection with which the act was done, the notice was given, the payment was made or the right or duty was conferred or imposed becomes exercisable on and after the appointed day.

(4) In a case where the function referred to in sub-paragraph (3) is exercisable on and after the appointed day either by the council of the county or the council of the district in which the highway is situated, that function shall be regarded for the purposes of that sub-paragraph as becoming exercisable—

(a) by the district council alone, where the act was done by, the notice or payment was given or made to, or the right or duty was conferred or imposed on, a district council or a London borough council;

(b) by the county council alone, where the act was done by, the notice or payment was given or made to, or the right or duty was conferred or imposed on, a county council or the Greater London Council.

This sub-paragraph shall apply to any act, notice, payment, right or duty which by virtue of article 6(2) and (3) of the Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974 is deemed to have been done by, given or made to, or conferred or imposed on a county council or district council as if it had been done by, made or given to or conferred or imposed on such council.

(5) Sub-paragraphs (2) to (4) shall have effect subject to the provision of paragraph 4.

(6) In this paragraph—

any reference to any act done by an authority shall include a reference to any scheme, order (other than any order to which regulation 44 applies), regulation, byelaw, agreement, requirement, application, apportionment or demand for payment made, resolution passed, charge conferred, authorisation granted, notice, direction, consent, approval, licence, permit or certificate given, building line or improvement line prescribed, or other thing done by that authority;

any reference to any notice given to an authority shall include a reference to any direction, consent or approval given to that authority; and

any reference to any right or duty conferred or imposed on an authority shall include a reference to an obligation assumed by or a requirement made upon or a deposit or lodgement made with that authority, a transfer of a highway to that authority or a provision for that authority to become the highway authority for a highway.

(7) In so far as provision is made by paragraphs 1, 2, 4 or 6 for any matter, the provisions of this paragraph shall not apply in relation to that matter.

Adaptation of certain agreements between Secretaries of State and local authorities

6

(1) This paragraph applies to agreements made under section 10(1) and (4) of the Highways Act 1959, section 30(1) and (4) of the Local Government Act 1966 and section 27(1) and (3) of the Highways Act 1971 made before the appointed day between the Secretary of State for the Environment or the Secretary of State for Wales and a council described in column (1) of the following table and in force at the appointed day.

(1)	(2)
The council of a county or the Greater London Council	The councils of counties and the Greater London Council
The council of a district or a London borough or the Common Council	The councils of districts and London boroughs and the Common Council

(2) Where the matter to which the agreement applies is situated in a single transferred area, an agreement made between a Secretary of State and a council described in column (1) of the said table shall on and after the appointed day have effect as an agreement made between the Secretary of State and the authority specified in respect of the said council in column (2) to whose area the transferred area is transferred and as if for references therein to the said council there were substituted references to such authority, and any rights or liabilities of the said council under any such agreement which immediately before the appointed day are subsisting against or, as the case may be, are enforceable by, the Secretary of State shall on and after the appointed day be rights and liabilities of such authority.

(3) Where the matter to which the agreement applies is not so situated, an agreement made between a Secretary of State and a council described in column (1) of the said table shall have effect as separate agreements between the Secretary of State and—

(a) if the matter remains in part situated in the area of the said council, that council, and

(b) the councils specified in respect of the said council in column (2) in whose areas parts of the matter are situated,

each such agreement referring to the authority described in (a) or (b) and relating to so much of the matter as is situated in the area of such authority, and any rights or liabilities of the council described in column (1) under the agreement as in force at the appointed day shall be divided between the said authorities in a manner which has regard to the nature of such rights and liabilities and also to the extent of the matter in the area of each such authority.

(4) Where any action, measure or procedure has been begun before the appointed day by the council described in column (1) of the said table in pursuance of an agreement to which sub-paragraph (2) or (3) applies but has not been completed at the appointed day, that action, measure or procedure may be continued and completed by the authority or authorities specified in sub-paragraph (2) or (3), and any notice given or published and any other document made or issued by or to the said council before the appointed day for the purpose of, or in connection with, that action, measure or procedure shall have effect on and after that day as if for references therein to the said council there were substituted references to such authority or authorities.

SCHEDULE 4 — LOCAL ACTS AND ORDERS—PROTECTIVE PROVISIONS PROCEEDINGS FOR THE ENFORCEMENT OF BYELAWS

PART I

(1)	(2)	(3)
The council of a county or district	Any area transferred to a county and a district	The council of the county or district, as may be appropriate
	Any area transferred to Greater London and a London borough	The Greater London Council or the council of the borough, as may be appropriate
The council of a district	Any area transferred to another district in the same county	The council of the district, or, if appropriate, the county council
The Greater London Council or the council of a London borough	Any area transferred to a county and a district	The council of the county or district, as may be appropriate
The council of a London borough or the Common Council	Any area transferred to a London borough or the City	The council of the London borough or the Common Council
The Council of the City of Westminster or the Common Council	Any area transferred to the Inner Temple or the Middle Temple	The Sub-Treasurer or the Under Treasurer
The Sub-Treasurer or the Under Treasurer	Any area transferred to the City of Westminster or the City	The Council of the City of Westminster or the Common Council

PART II

(1)	(2)	(3)
The council of a county	Any area transferred from a district to another district in the same county	The council of the district
The Greater London Council	Any area transferred to a London borough, the City, the Inner Temple or the Middle Temple	The council of the London borough, the Common Council, the Sub-Treasurer or the Under Treasurer

SCHEDULE 5 — RATING OF BRITISH GAS CORPORATION AND ELECTRICITY BOARDS

1

In this Schedule—

RATING OF BRITISH GAS CORPORATION

2

Where the order comes into operation for the purposes mentioned in regulation 4(1) between 31st May and 1st November, then as soon as may be after the coming into operation of the order the British Gas Corporation shall, whether or not they have already transmitted the statements which would have been required by paragraph 7 of Schedule 6 to the General Rate Act 1967 to have been transmitted before the end of the month of October if the order had not been made, transmit to the rating authorities of the rating areas and to the valuation officer for such areas the statements which would have been required by such paragraph to have been so transmitted if the order had come into operation on 1st April, and—

(i) paragraph 8 of the said Schedule 6 shall have effect as if the statements had been transmitted under the said paragraph 7 but with the substitution for the words following “rating authority” of “as soon as may be”; and

(ii) any statements already transmitted as aforesaid shall cease to have effect.

3

Where the order comes into operation for the said purposes between 31st October and 1st January, then as soon as may be after the coming into operation of the order, and in any case before the expiration of 28 days, the British Gas Corporation shall transmit to the rating authorities of the rating areas and to the valuation officer for such areas the statements which would have been required by paragraph 7 of the said Schedule 6 to have been transmitted before 31st October if the order had come into operation on 1st April, and as soon as may be after receiving such statements the valuation officer shall calculate the rateable values of any hereditaments which the Corporation are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities aforesaid, and—

(i) paragraph 10 of the said Schedule 6 shall apply as if the said notifications had been made under paragraph 8 thereof; and

(ii) the statements transmitted in accordance with the said paragraph 7 and any notifications under the said paragraph 8 shall cease to have effect.

4

Where the order comes into operation for the said purposes after 31st December, then as soon as may be after the coming into operation of the order, and in any case before the expiration of 28 days, the British Gas Corporation shall transmit to the rating authorities of the rating areas and to the valuation officer for such areas the statements which would have been required by paragraph 7 of the said Schedule 6 to have been transmitted before 31st October if the order had come into operation on 1st April, and as soon as may be after receiving such statements the valuation officer shall calculate the rateable values of any hereditaments which the Corporation are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities aforesaid, and—

(i) paragraph 10 of the said Schedule 6 shall apply as if the said notifications had been made under paragraph 8 thereof; and

(ii) the notifications under the said paragraph 8 shall cease to have effect.

RATING OF ELECTRICITY BOARDS

5

Where the order comes into operation for the purposes mentioned in regulation 4(1) between 31st May and 16th November, then as soon as may be after the coming into operation of the order, the Commissioners of Inland Revenue shall, whether or not they have already transmitted and notified the particulars which would have been required by paragraphs 11 and 12 of Schedule 7 to the General Rate Act 1967 to have been transmitted and notified before 15th November if the order had not been made, transmit and notify the particulars which would have been required by such paragraphs to have been so transmitted and notified if the order had come into operation on 1st April; and—

(i) any particulars already transmitted and notified shall cease to have effect; and

(ii) paragraph 13 of the said Schedule shall have effect with the substitution for the words following “rating authority” of “as soon as may be”.

6

Where the order comes into operation for the said purposes between 15th November and 1st January, then as soon as may be after the coming into operation of the order the Commissioners of Inland Revenue shall transmit and notify the particulars which would have been required by paragraphs 11 and 12 of the said Schedule 7 to have been transmitted and notified before 15th November if the order had come into operation on 1st April, and as soon as may be thereafter the Commissioners shall calculate the rateable values of any hereditaments which the Central Electricity Generating Board or any Area Board are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities of the rating areas, and—

(i) paragraph 14 of the said Schedule 7 shall apply as if the said notifications had been made under paragraph 13 thereof; and

(ii) the particulars transmitted and notified under the said paragraphs 11 and 12 and any notifications under the said paragraph 13 shall cease to have effect.

7

Where the order comes into operation for the said purposes after 31st December, then as soon as may be after the coming into operation of the order the Commissioners of Inland Revenue shall transmit and notify the particulars which would have been required by paragraphs 11 and 12 of the said Schedule 7 to have been transmitted and notified before 15th November if the order had come into operation on 1st April, and as soon as may be thereafter the Commissioners shall calculate the rateable values of any hereditaments which the Central Electricity Generating Board or any Area Board are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities of the rating areas, and—

(i) paragraph 14 of the said Schedule 7 shall apply as if the said notifications had been made under paragraph 13 thereof; and

(ii) the notifications under the said paragraph 13 shall cease to have effect.

SCHEDULE 6 — TRANSFER OF SPECIFIED CLASSES OF PROPERTY, ETC

PART I

1

“Local matters”, in relation to any area, means —

(a) in the case of property—

(i) sited property situated in the area;

(ii) specified property in relation to buildings or other land constituting local matters in relation to the area, except in so far as such property is excluded by the agreement of the transferee authority; and

(iii) other property held exclusively in respect of the area;

(b) in the case of liabilities, liabilities incurred exclusively in respect of the area;

(c) in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given exclusively in respect of the area;

(d) in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing exclusively in respect of the area.

2

“County matters”, “district matters”, “parish matters”, “community matters”, “Greater London matters” and “borough matters”, in relation to any area, mean the following classes of local matters—

(a) in the case of property, property held for the purposes of functions not exercisable in the area on and after the appointed day by the transferor authority or the authority of the relevant class in relation to the transferor authority but so exercisable by the authority specified in respect of the matters transferred in column (3) of the table;

(b) in the case of liabilities, liabilities incurred in relation to such functions;

(c) in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given in relation to such functions;

(d) in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions.

3

“Highway matters”, in relation to any highway, means —

(a) the interest of the former highway authority, as such, in the highway, in so far as such interest is not vested in a county council, the Greater London Council or a London borough council by virtue of section 226 of the Highways Act 1959;

(b) any land held by the former highway authority, as such, for the purposes of their functions in relation to the highway or which has been acquired by them as highway authority for the highway and not appropriated for any other purpose;

(c) any equipment on or near the highway belonging to the former highway authority as such, including any road lighting system within the meaning of Part III of the Local Government Act 1966 and any other lighting system belonging to the former highway authority as highway authority for the highway; and

(d) any traffic sign (in the meaning attached to that expression in section 54(1) of the Road Traffic Regulation Act 1967) on or near the highway, belonging to the former highway authority and not comprised in (c).

4

“Magistrates' court matters”, “police matters” and “probation and after-care matters” mean the following classes of local matters—

(i) in the case of property, property held for the purposes of the relevant functions;

(ii) in the case of liabilities, liabilities incurred in relation to such functions;

(iii) in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instrument subsisting and notices given in relation to such functions; and

(iv) in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions,

5

“The appropriate authority” means — in the case of an area transferred to a county for which there is a combined police authority, that authority; in the case of an area transferred to the Metropolitan Police District, the Receiver for that District; in the case of any other area, the county council of, or the police committee for, the county to which the area is transferred.

6

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