The Local Authorities etc. (Miscellaneous Provision) Order 1976

Made: 1st March 1976

Laid before Parliament: 10th March 1976

Coming into Operation: 31st March 1976

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) and (c), 255 and 266(2) of the Local Government Act 1972, section 84(1)(a) and (2)(c) of the London Government Act 1963 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

1

This order may be cited as the Local Authorities etc. (Miscellaneous Provision) Order 1976 and shall come into operation on 31st March 1976.

Territorial extent of exercise of powers

2

Subject to articles 5(1) and (2) and 9(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

3

• (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—

• (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, including this order.

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

• (4) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Miscellaneous amendments of public general and other Acts

4

• (1) In the Act for inclosing lands in the borough and parish of Tewkesbury and for vesting the after or latter math of a meadow called Severn Ham in trustees, enacted on 30th June 1808 [^f00001], in section XXXIV (Trustees), for “the Bailiffs, principal Burgesses, High Steward, Recorder, Justices, Town Clerk, Coroner, and Chamberlain of the Borough of Tewkesbury in the County of Gloucester, and their Successors for the Time being” there shall be substituted “the Town Councillors of Tewkesbury”.

• (2) In the New Forest Act 1949, in section 1 (constitution of verderers), for “one by the authority which is the local planning authority for the purposes of the Town and Country Planning Act, 1947,” there shall be substituted “one by the county planning authority”.

• (3) In the Highways Act 1959, in section 185 (certain highways and canals not to be chargeable with private street works expenses), for subsection (2) there shall be substituted—

(2) This section shall not apply to a street existing at the date when the Private Street Works Act 1892 or the code of 1892, as the case may be, first became applicable in the area in which the street is situated.

• (4) In the Land Compensation Act 1961, in section 39(1), in the definition of “authority possessing compulsory purchase powers”—

• after “parish council” there shall be inserted “, community council”; and

• after “on whose behalf a” there shall be inserted “district council or”.

Miscellaneous amendments of instruments

5

• (1) In the Local Authorities (England) (Property etc.) Order 1973[^f00002], in article 39 (general provision as to disputes) as amended by article 4(15) of the Local Authorities etc. (England) (Property etc.: Further Provisions) Order 1974[^f00003] and article 4(2) of the Local Authorities (Miscellaneous Provision) Order 1975[^f00004], in paragraph (2), “before 1st April 1976” shall be omitted.

Where notice that a question exists has been given under the said paragraph (2) as amended by this paragraph, the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person (or three persons) agreed on by such authorities or in default of agreement appointed by the Secretary of State for the Environment. Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of the question by any such person or persons as if such determination were an arbitration under any other Act within the meaning of that section.

This paragraph is made by the Secretary of State for the Environment.

• (2) In the Local Authorities (Wales) (Property etc.) Order 1973[^f00005], in article 38 (general provision as to disputes) as amended by article 4(11) of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974[^f00006] and article 4(3) of the Local Authorities (Miscellaneous Provision) Order 1975, in paragraph (2), “before 1st April 1976” shall be omitted.

Where notice that a question exists has been given under the said paragraph (2) as amended by this paragraph, the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person (or three persons) agreed on by such authorities or in default of agreement appointed by the Secretary of State for Wales. Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of the question by any such person or persons as if such determination were an arbitration under any other Act within the meaning of that section.

This paragraph is made by the Secretary of State for Wales.

• (3) In the Local Authorities etc. (Staff Transfer and Protection) Order 1974[^f00007], in article 14 (secondary transfers) as amended by article 4(4) of the Local Authorities etc. (Miscellaneous Provision) (No. 5) Order 1974[^f00008] and article 6(2) of the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1975[^f00009], for “before 1st April 1976” there shall be substituted “before 1st October 1976”.

Sodbury Commons

6

In the provisional order for the regulation of Sodbury Commons issued by the Board of Agriculture in 1902[^f00010], in Part II, and in the award made thereunder on 1st April 1908, in paragraph 1 (both of which provisions provide for conservators), for “one by the Rural District Council of Chipping Sodbury three by the parish meeting of the parish of Chipping Sodbury three by the parish meeting of the parish of Old Sodbury and two by the parish meeting of the parish of Little Sodbury” there shall be substituted “one by the District Council of Northavon, six by the Parish Meeting of Sodbury and two by the Parish Meeting of Little Sodbury”. In the said award, in paragraph 3, “Rural”, where secondly occurring, shall be omitted, and in paragraph 4, for “The Rural District Council of Chipping Sodbury and the Parish Meetings of Chipping Sodbury Old Sodbury and Little Sodbury” there shall be substituted “The District Council of Northavon and the Parish Meeting of Sodbury and Little Sodbury”.

Franchise and prescriptive rights

7

The power to maintain the Waltham Abbey market exercisable immediately before 1st April 1974 by the urban district council of Waltham Holy Cross shall be exercisable by the Town Council of Waltham Abbey, and the said Town Council shall have the same powers in relation to the said market as were exercisable immediately before 1st April 1974 by the said urban district council.

Temporary use of labour

8

The Borough Council of Bolton may until 31st March 1977 enter into agreements with any local authority for the construction of buildings or works wholly or substantially so in the area of the former county borough of Bolton which will engage the services of officers of the said Borough Council, including the holders of any offices or employments under it.

Property, liabilities, contracts etc., notices and proceedings

9

• (1) Paragraph (3), in so far as it relates to Part I of the Schedule to this order, and paragraph (4), are made by the Secretary of State for the Environment.

• (2) Paragraph (3), in so far as it relates to Part II of the Schedule to this order and paragraph (5), are made by the Secretary of State for Wales.

• (3) Any property described in column (2) of Part I or II of the Schedule to this order 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—

• (i) 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 authority named in the said column (1) in respect of such property or liabilities shall be of full force and effect in favour of, or against, the authority specified in column (3); and

• (ii) 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 authority named in the said column (1) in respect of such property or 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).

• (4) Articles 11, 17, 23, 28, 29, 32, 33, 34(2), 35, 38 and 39 of the Local Authorities (England) (Property etc.) Order 1973 and articles 7 and 8 of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 shall apply as if paragraph (3) and Part I of the Schedule to this order were contained in the said order of 1973.

• (5) Articles 11, 17, 23, 27, 28, 31, 32, 33(2), 34, 37 and 38 of the Local Authorities (Wales) (Property etc.) Order 1973 and articles 6 and 8 of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974 shall apply as if paragraph (3) and Part II of the Schedule to this order were contained in the said order of 1973.

• (6) The North of England Open-Air Museum shall be held by the County Council of Durham for the joint use and benefit of themselves and the County Councils of Cleveland, Northumberland and Tyne and Wear.

SCHEDULE — TRANSFER OF PARTICULAR PROPERTIES

PART I

PART II

Signed

Anthony Crosland — Secretary of State for the Environment — 26th February 1976

John Morris — Secretary of State for Wales — 1st March 1976

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 of certain Acts and instruments;

(b) the Waltham Abbey market;

(c) agreements by the Bolton Borough Council which will engage its direct labour force; and

(d) the transfer of certain property etc.

Footnotes

[^f00001]: 1808 c. cliii

[^f00002]: (1973 III, p. 6401).

[^f00003]: (1974 I, p. 1276).

[^f00004]: (1975 I, p. 616).

[^f00005]: (1973 III, p. 6452).

[^f00006]: (1974 I, p. 1264).

[^f00007]: (1974 I, p. 1709).

[^f00008]: (1974 III, p. 7981).

[^f00009]: (1975 II, p. 3286).

[^f00010]: Confirmed by 1902 c. cxcix.