xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Section 11.
1(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1Sch. 1 paras. 1(1)(2)(3), 3 repealed with saving by S.I. 1974/520, Sch. 19 Pt. II and 1977/1341, Sch. 6 Pt. I
F2Sch. 1 para. 1(4) repealed by Superannuation Act 1972 (c. 11), Sch. 8
2E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F4Sch. 1 paras. 1(1)(2)(3), 3 repealed with saving by S.I. 1974/520, Sch. 19 Pt. II and 1977/1341, Sch. 6 Pt. I
4(1)Where a joint board established under section 5 of this Act is dissolved, and at any time before its dissolution a gratuity by way of periodical payments or an annuity—E+W
(a)was granted to any person by the board on his ceasing to be employed by the board, or
(b)was granted to the [F5surviving spouse or surviving civil partner] or any other dependant of a person who died while in the employment of the board, or who died during the currency of such a gratuity granted to him as mentioned in paragraph (a) above,
and, if the board had not been dissolved at that time, one or more payments in respect of that gratuity would under the terms of the grant have fallen to be made by the board after that time (whether the board would have been obliged to make those payments or not), those payments shall be made by such authority (being one of the authorities which on the dissolution of the board again become library authorities) as the Secretary of State may determine.
(2)Without prejudice to sub-paragraph (1) above, where for the purposes of any pensions provision the board, if it had not been dissolved, would at any time after the date on which it is dissolved have been the employing authority or former employing authority in relation to—
(a)a person who before that time died while in the employment of the board, or otherwise ceased to be employed by the board; or
(b)the [F5surviving spouse or surviving civil partner] or any other dependant of such a person,
such authority (being one of the authorities which on the dissolution of the board again become library authorities) as the Secretary of State may determine shall be treated as being at that time the employing authority or former employing authority for those purposes in relation to that person, or to that person’s [F5surviving spouse or surviving civil partner] or other dependant, as the case may be.
Textual Amendments
F5Words in Sch. 1 substituted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 5
Modifications etc. (not altering text)
C1Functions of Secretary of State, so far as exercisable on the dissolution of a joint board whose area does not include any part of Wales, exercisable as from 29.4.1986 to 2.7.1992 by the Lord President of the Council and as from 3.7.1992 again exercisable by the Secretary of State, by virtue of S.I. 1979/907, art. 3(2); 1981/207, art. 2 Sch. 1 Pt. I; 1983/879, arts. 4(1)(2), 11; 1984/1814, arts. 2(1), 7, Sch. 1 Pt. I; 1986/600, arts. 2(1), 7, Sch. 1 Pt. I; 1992/1311 arts. 3, 12(4), Sch.1
5E+WIn this Schedule—
. . . . . . F6
“pensions provision” means a provision relating to pensions contained in or made under a general or local Act.
Textual Amendments
F6Definition of “pensions” repealed with saving by S.I. 1974/520, Sch. 19 Pt. II and 1977/1341, Sch. 6 Pt. I
Section 15.
1E+WNo payment shall be made into the fund (hereinafter referred to as the “art fund”) unless the payment is authorised or required to be made by the following provisions of this Schedule.
2(1)There may be paid into the art fund from the county fund [F7council fund] or, as the case may be, the [F8general fund or, in the case of the common council, the City fund]such sums as the local authority determine, . . . F9E+W
(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F7Words inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 24(4) (with ss. 54(5)(7), 55(5), 66(7) Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F8Words substituted by S.I. 1990/1285, art. 2, Sch. Part I para. 6
F9Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F10Sch. 2 paras. 2(2)(3), 6 repealed by Local Government Act 1972 (c. 70), Sch. 30
3E+WWhere any object previously kept for exhibition in a museum or art gallery maintained by the local authority under section 12 of this Act is sold by the authority, and the proceeds of sale are not subject to any trust the terms of which prevent their being used for the purchase of other objects for exhibition either in that museum or gallery or in any other museum or art gallery for the time being so maintained, the proceeds of sale or any part thereof may be paid into the art fund.
4E+WUntil it is required for the purposes of the art fund, money therein may be invested by the local authority in the like investments as trustees are for the time being by law authorised to make, and for this purpose section 7 of the M1Trustee Investments Act 1961 (which applies the preceding sections of the Act to persons, other than trustees, having trustee investment powers) shall have effect as if this Act had been passed before that Act:
Provided that for the purpose of the making of investments by the authority under this paragraph, paragraph 9 of Part II of Schedule 1 to that Act (which specifies local authorities whose securities are to be authorised investments) shall not apply to the authority or to a joint board comprising the authority and established under section 5 of this Act.
Marginal Citations
5E+WIncome arising from investments made under paragraph 4 above shall be carried to the county fund [F11council fund] or the [F12general fund or, in the case of the common council, the City fund], as the case may be, and an equivalent sum shall be paid from that fund into the art fund.
Textual Amendments
F11Words inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 24(4) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F12Words substituted by S.I. 1990/1285, art. 2, Sch. Part I para. 6
6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
F13Sch. 2 paras. 2(2)(3), 6 repealed by Local Government Act 1972 (c. 70), Sch. 30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI