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SCHEDULES

Section 1.

SCHEDULE 1E+W Counties and Metropolitan Districts in England

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Modifications etc. (not altering text)

C1By The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15, Sch. 2 para. 17 it is provided (24.6.2003) that the reference in Sch. 1 para. 6 to "other securities so transferable" shall include a reference to uncertificated units of eligible debt securities

E+W

Part IIIE+W Rules as to Boundaries

1The boundaries of the new local government areas shall be mered by Ordnance Survey.E+W

2Any such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the M1Local Government Act 1958 or section 6 of the 1963 Act by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.E+W

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Marginal Citations

3The boundary dividing the Egerton ward of the urban district of Turton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Delph Brook to the end of the Reservoir Dam, thence to Blackburn Road north of Moss Cottages and thence north-eastwards to the ward boundary.E+W

4The boundary dividing the borough of Whitley Bay referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the access road to Hartley West Farm, Hartley Lane, West End, the northern boundaries of Ordnance Survey parcels 0057, 2657 and 4156 and thence north-eastwards to the boundary of the borough.E+W

5The boundary in the parish of Harraton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the link road C8 between Western Highway and Vigo Lane.E+W

6The boundary dividing the parishes of East Harptree, West Harptree, Compton Martin, Ubley, Blagdon and Burrington referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine generally between the 500 ft. and 800 ft. contours on the northern slopes of the Mendip Hills to the vicinity of Burrington Camp and thence westwards to the boundary of the parish of Burrington.E+W

7The boundary dividing the parish of Wexham referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the northern and eastern boundaries of Wexham Hospital, Wexham Park Lane, the eastern and southern boundaries of Ordnance Survey parcels 49, 48a, 31, 32, 33, 15, 14 and 13, Church Lane and Uxbridge Road south-westwards from Church Lane.E+W

8The boundary dividing the parish of Christchurch East referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line from the neighbourhood of Barrett’s Copse to the River Mude in the neighbourhood of Waterhouse Farm and thence along that river downstream to the parish boundary.E+W

9The boundary dividing the parish of Sopley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Avon.E+W

10The boundary dividing the parish of Herringfleet referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Blocka Lane, Blocka Road, Herringfleet Road, the southern boundaries of Ordnance Survey parcels 105B, 80, 77 and 78, and thence to the parish boundary.E+W

11The boundary dividing the parish of Corton referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of an extension eastwards of the southern boundary of the parish of Hopton-on-Sea.E+W

12The boundary dividing the parish of Horley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Mole, Burstow Stream, the railway from Horley to Earlswood and Crossoak Lane.E+W

Part IVE+W Divided Parishes

1The following areas shall be parishes, that is to say—E+W

(a)the part of the existing parish of Altcar in Lancashire;

(b)the part of the existing parish of Altcar in Merseyside;

(c)the part of the existing parish of Birtley in district (c) in Tyne and Wear;

(d)the part of the existing parish of Blagdon in Avon;

(e)the part of the existing parish of Bold in Merseyside;

(f)the part of the existing parish of Burnham in Berkshire;

(g)the part of the existing parish of Burnham in Buckinghamshire;

(h)the part of the existing parish of Burrington in Avon;

(i)the parts of the existing parishes of Charlwood and Horley in Surrey;

(j)the part of the existing parish of Charlwood in West Sussex;

(k)the part of the existing parish of Christchurch East in Dorset;

(l)the part of the existing parish of Christchurch East in Hampshire;

(m)the part of the existing parish of Compton Martin in Avon;

(n)the part of the existing parish of Corton in Suffolk;

(o)the part of the existing parish of East Harptree in Avon;

(p)the part of the existing parish of Harraton in Durham;

(q)the part of the existing parish of Harworth in Nottinghamshire;

(r)the part of the existing parish of Herringfleet in Suffolk;

(s)the part of the existing parish of Horley in West Sussex;

(t)the part of the existing parish of Loxton in Avon;

(u)the part of the existing parish of Lydiate in Merseyside;

(v)the part of the existing parish of Sopley in Hampshire;

(w)the part of the existing parish of South Biddick in Durham;

(x)the part of the existing parish of Ubley in Avon;

(y)the part of the existing parish of West Harptree in Avon;

(z)the part of the existing parish of Wexham in Berkshire; and

(za)the part of the existing parish of Wexham in Buckinghamshire.

2(1)The part of the existing parish of Bold in Cheshire shall be added to the parish of Great Sankey.E+W

(2)The parts of the existing parishes of Blagdon, Burrington, Compton Martin, East Harptree, Ubley and West Harptree in Somerset shall be added to the parish of Priddy.

(3)The part of the existing parish of Corton in Norfolk shall be added to the parish of Hopton-on-Sea.

(4)The part of the existing parish of Harworth in South Yorkshire shall be added to the parish of Bawtry.

(5)The part of the existing parish of Herringfleet in Norfolk shall be added to the parish of Fritton.

(6)The part of the existing parish of Loxton in Somerset shall be added to the parish of East Brent.

(7)The part of the existing parish of Lydiate in Lancashire shall be added to the parish of Downholland.

(8)The part of the existing parish of Sopley in Dorset shall be added to the parish of Hurn.

3The parts of the existing parishes of Birtley, Harraton and South Biddick in district (e) in Tyne and Wear shall cease to be in any parish.E+W

4Paragraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.E+W

Part VE+W Constitution of Parishes by Reference to existing Urban District and Borough Boundaries

1(1)The English Commission shall consult the councils of existing counties, boroughs and urban districts and the committees established under section 264(1)(b) above with a view to making proposals to the Secretary of State for the constitution of parishes each of which has a boundary coterminous with that of—E+W

(a)an existing urban district or borough, the area of which is not divided by or under section 1 above between two or more districts, or

(b)so much of an existing urban district or borough, the area of which is so divided, as is wholly comprised in a single district,

and for naming those parishes.

(2)The Secretary of State may give the Commission directions for their guidance in making any such proposals.

2(1)The Secretary of State shall by order give effect to any proposals under paragraph 1 above, either as made to him or with modifications, but except in so far as any such order specifies part of the boundary of a district as part of the boundary of a parish no such order may specify for a parish a boundary different from that of an existing urban district or borough.E+W

(2)A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3The constitution of an area as a parish under this Part of this Schedule shall not affect—E+W

(a)the continued existence, subject to section 1(10) above, of the borough or urban district the area of which or of part of which is co-extensive with that of the parish, or

(b)the power to make changes in local government areas under Part IV above.

4In this Part of this Schedule “borough” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.E+W

Section 8.

SCHEDULE 2E+W Constitution and Membership of Greater London Council and London Borough Councils

Part IE+W

ConstitutionE+W

1F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.

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Amendments (Textual)

Chairman and mayorE+W

2(1)The F2. . . mayor of a London borough shall be elected annually by the council from among the councillors.E+W

(2)The F2. . . mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as F2. . . mayor.

(3)During his term of office the F2. . . mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(4)F2. . . a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the F2. . . mayor to meet the expenses of his office.

(5)The mayor of a London Borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty’s royal prerogative.

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Amendments (Textual)

Election of chairman and mayorE+W

3(1)The election of the F3. . . mayor shall be the first business transacted at the annual meeting of F3. . . a London borough council.E+W

(2)If, apart from paragraph 2(3) above F3. . ., the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with sub-paragraph (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

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Amendments (Textual)

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Power of mayor of London borough to appoint deputyE+W

5(1)The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a newly elected mayor becomes entitled to act as mayor (whether or not he continues until that time to be a councillor).E+W

(2)The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.

(3)The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.

(4)A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.

[F5 Modifications of preceding provisionsE+W

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Amendments (Textual)

F65AWhere a London borough council are operating executive arrangements which involve a leader and cabinet executive—E+W

(a)paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the mayor of the borough.

(b)paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be appointed as the deputy mayor.

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Amendments (Textual)

F75BWhere a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.E+W

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Amendments (Textual)

[F8F95C(1)The council shall consist of an elected mayor, a chairman and councillors.E+W

(2)A reference in this Act to a member of the council is a reference to—

(a)the chairman of the council,

(b)a councillor of the council, or

(c)the elected mayor of the council.]

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Amendments (Textual)

F8Sch. 2 para. 5C substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 11(2)

F105DParagraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.E+W

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Amendments (Textual)

F115EParagraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—E+W

(1A)A member of the executive of a London borough council may not be elected as the chairman of the council.

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Amendments (Textual)

F125FParagraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.E+W

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Amendments (Textual)

F135GParagraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.E+W

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Amendments (Textual)

F145HParagraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—E+W

(1)A London borough council shall appoint a member of the council to be vice-chairman of the council.

(1A)A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”

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Amendments (Textual)

F155IParagraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.]E+W

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Amendments (Textual)

Term of office and retirement of councillorsE+W

6(1)F16. . . London borough councillors shall be elected by the local government electors for F16. . . the borough, F16. . ., in accordance with this Act and Part I of the [F17Representation of the People Act 1983].E+W

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The ordinary election of London borough councillors shall take place in 1974 and [F19every fourth year] thereafter, their term of office shall be [F19four years] and they shall retire together in every [F19such fourth year] on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F19Words substituted by S.I. 1976/213, art. 3

Modifications etc. (not altering text)

Electoral divisions and wardsE+W

7(1)Subject to the following provisions of this paragraph, for the purposes of the election of councillors—E+W

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under [F22Part II of the Local Government Act 1992][F23or Part 1 of the Local Government and Public Involvement in Health Act 2007][F24or section 59 of the Local Democracy, Economic Development and Construction Act 2009];

and there shall be a separate election for each F21. . . ward.

(2)Until provision is made as mentioned in sub-paragraph (1)(b) above by an [F25order referred to in sub-paragraph (1)(b) above] , the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F23Words in Sch. 2 para. 7(1)(b)(2) inserted (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 245, Sch. 1 para. 11(4); S.I. 2007/3136, art. 2 (subject to art. 3)

F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Part IIE+W

F289–14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

SCHEDULE 3E+W Establishment of New Authorities in England

Division of non-metropolitan counties into districtsE+W

1(1)The English Commission shall as soon as practicable after the passing of this Act make proposals to the Secretary of State for the division of non-metropolitan counties into districts, for defining the areas of those districts and for naming them, and the Secretary of State may give the Commission directions for their guidance in making any such proposals.E+W

(2)The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifications, but an order shall not be made under this paragraph defining the areas of non-metropolitan districts unless a draft of the order has been approved by resolution of each House of Parliament.

(3)An order under this paragraph shall, notwithstanding that it applies only to one or some of the non-metropolitan counties, proceed in Parliament as if its provisions would, apart from this paragraph, require to be enacted by a public Bill.

County and district councillorsE+W

2F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F29Sch. 3 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

3(1)For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.E+W

(2)An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 6(2)(a) above shall not apply to any such election.

(3)An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.

4F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F30Sch. 3 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

First elections and meetings of new councilsE+W

5F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F31Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

6F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F32Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

7F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F33Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

8F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F34Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

9F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F35Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Parish councillorsE+W

10(1)Until provision is made to the contrary under Part I [F36of this Act, Part II of the Local Government Act 1992 or [F37Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007]][F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009]E+W

(a)the number of councillors for a parish which immediately before the passing of this Act was a borough included in a rural district, not being a borough divided into wards, shall be the same as the number of councillors for that borough;

(b)where any such borough was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the borough, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the borough;

(c)the number of councillors for a parish which immediately before the passing of this Act was co-extensive with a rural district which is not divided into wards shall be the same as the number of councillors for that rural district; and

(d)where a rural district which is co-extensive with a parish was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the rural district, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the rural district.

(2)Until provision is made to the contrary under Part I [F36of this Act, Part II of the Local Government Act 1992 or [F39Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007]][F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009], the provisions of this sub-paragraph shall have effect with respect to the number of councillors for a parish constituted under Part V of Schedule 1 above and having an area co-extensive with that of an existing borough or urban district, that is to say—

(a)if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;

(b)if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;

(c)if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;

(d)if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number of councillors for the corresponding ward of the urban district;

and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.

(3)In the case of a parish constituted under Part V of Schedule 1 above and having an area co-extensive with part only of an existing borough or urban district, the Secretary of State shall by order make such provision with respect to—

(a)the number of councillors for the parish as a whole,

(b)the division of the parish into wards, and

(c)if the parish is so divided, the number of councillors for each ward,

as appears to him to correspond, in relation to the part of the existing borough or urban district concerned, to the provision made by paragraphs (a) to (d) of sub-paragraph (2) above in the case of a parish the area of which is co-extensive with that of the whole of an existing borough or urban district; and the provision made by any such order shall have effect until provision is made to the contrary under Part I [F36of this Act, Part II of the Local Government Act 1992 or [F40Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007]][F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009].

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Amendments (Textual)

F37Words in Sch. 3 para. 10(1) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 9(2); S.I. 2008/337, art. 2(c)

F39Words in Sch. 3 para. 10(2) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 9(2); S.I. 2008/337, art. 2(c)

F40Words in Sch. 3 para. 10(3) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 9(2); S.I. 2008/337, art. 2(c)

Qualification for membership of local authorityE+W

11F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F41Sch. 3 para. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Suspension of electionsE+W

12(1)No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972 F42. . . .E+W

(2)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act.

(4)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.

(9)The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and—

(a)the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and—

(a)the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)As respects an existing county or borough (other than a London borough)—

(a)no ordinary election of aldermen shall be held after the passing of this Act;

(b)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.

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Amendments (Textual)

F42Words in Sch. 3 para. 12(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F43Sch. 3 para. 12(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F44Sch. 3 para. 12(4)-(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F45Sch. 3 para. 12(9)(b)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F46Sch. 3 para. 12(10)(b)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F47Sch. 3 para. 12(11) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F48Sch. 3 para. 12(12)(b)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F49Sch. 3 para. 12(13) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

13(1)The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(2) above and also in relation to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish,—E+W

(a)references in this paragraph to the order are references to the order under the said Part V constituting the parish, and

(b)references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.

(2)As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district, and, if the parish is divided into wards in accordance with paragraph 10(2) above—

(a)the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and

(b)in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.

(3)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where this paragraph applies to a parish, sub-paragraph (12)(c) and (13) of paragraph 12 above shall not apply in relation to the borough or urban district, as the case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.

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Amendments (Textual)

F50Sch. 3 para. 13(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

14In the case of a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(3) above, the Secretary of State shall by order make such provision in relation to the councillors of the parish, the chairman and vice-chairman of the parish council and the aldermen and councillors of the borough, or as the case may be the councillors of the urban district, concerned as appears to him to be appropriate to secure for the parish and that borough or urban district a result corresponding, so far as practicable, with that produced in the case of a parish falling within paragraph 10(2) above, by sub-paragraphs (2) to (6) of paragraph 13 above.E+W

Annual meetingsE+W

15F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F51Sch. 3 paras. 15-17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

16F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F52Sch. 3 paras. 15-17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

17F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F53Sch. 3 paras. 15-17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

SupplementaryE+W

18In this Schedule “relevant year of election” means—E+W

(a)in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 9 to this Act;

(b)in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule.

Section 20.

SCHEDULE 4E+W Local Government Areas in Wales

[F54PART IE+W Counties

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Amendments (Textual)

NameArea
Anglesey Sir FônThe district of Ynys Môn Isle of Anglesey.
Caernarfonshire and Merionethshire Sir Gaernarfon a MeirionnyddThe districts of Arfon, Dwyfor, and Meirionnydd.
Cardiff CaerdyddThe district of Cardiff, together with (from the district of Taff-Ely) the community of Pentyrch.
Cardiganshire Sir AberteifiThe district of Ceredigion.
Carmarthenshire Sir GaerfyrddinThe districts of Carmarthen, Llanelli and Dinefwr.
Denbighshire Sir DdinbychThe district of Rhuddlan, together with (from the district of Glyndwjr) the communities of Aberwheeler, Cynwyd, Llandrillo, Henllan, Denbigh, Llandyrnog, Llangynhafal, Llanynys, Llanrhaeadr-yng-Nghinmeirch, Nantglyn, Cyffylliog, Ruthin, Llanbedr Dyffryn Clwyd, Llanferres, Clocaenog, Efenechtyd, Llandegla, Llanfair Dyffryn Clwyd, Llanarmon-yn-Iajl, Llanelidan, Derwen, Betws Gwerfil Goch, Gwyddelwern, Bryneglwys, Corwen, Llantysilio, Llangollen and Llangollen Rural with (from the district of Colwyn) the communities of Trefnant and Cefnmeiriadog.
Flintshire Sir y FflintThe districts of Alyn and Deeside and Delyn.
Monmouthshire Sir FynwyThe district of Monmouth together with (from the district of Blaenau Gwent) the community of Llanelly.
Pembrokeshire Sir BenfroThe districts of Preseli Pembrokeshire and South Pembrokeshire, together with Caldey Island and St Margaret’s Island.
Powys PowysThe districts of Montgomeryshire, Radnorshire and Brecknock, together with (from the district of Glyndwjr) the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
Swansea AbertaweThe district of Swansea, together with (from the district of Lliw Valley) the communities of Gowerton, Llwchwr, Gorseinon, Grovesend, Pontardulais, Mawr, Pont-Lliw, Penllergaer, Llangyfelach and Clydach.]

[F55PART IIE+W County Boroughs

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Amendments (Textual)

NameArea
Aberconwy and Colwyn Aberconwy a CholwynThe districts of Aberconwy and Colwyn, but excluding (from the district of Colwyn) the communities of Cefnmeiriadog and Trefnant.
Blaenau Gwent Blaenau GwentThe district of Blaenau Gwent (excluding the community of Llanelly).
Bridgend Pen-y-bont ar OgwrThe district of Ogwr, but excluding the communities of Wick, St Bride’s Major and Ewenny.
Caerphilly CaerffiliThe districts of Islwyn and Rhymney Valley.
Merthyr Tydfil Merthyr TudfulThe district of Merthyr Tydfil.
Neath and Port Talbot Castell-nedd a Phort TalbotThe districts of Neath and Port Talbot, together with (from the district of Lliw Valley) the communities of Pontardawe, Gwaun-Cae-Gurwen, Cwmllynfell, Ystalyfera and Cilybebyll.
Newport CasnewyddThe district of Newport.
Rhondda, Cynon, Taff Rhondda, Cynon, TafThe districts of Rhondda, Cynon Valley, and Taff-Ely, but excluding (from the district of Taff-Ely) the community of Pentyrch.
Torfaen Tor-faenThe district of Torfaen.
The Vale of Glamorgan Bro MorgannwgThe district of Vale of Glamorgan, together with (from the district of Ogwr) the communities of Wick, St Bride’s Major and Ewenny.
Wrexham WrecsamThe district of Wrexham Maelor, together with (from the district of Glyndwjr) the communities of Chirk, Glyntraian, Llansantffraid Glyn Ceiriog, and Ceiriog Ucha.]

[F56PART IIIE+W The Preserved Counties And Their Areas

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Amendments (Textual)

NameArea
ClwydThe county of Clwyd, but excluding the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
DyfedThe county of Dyfed.
GwentThe county of Gwent.
GwyneddThe county of Gwynedd.
Mid Glamorgan Morgannwg GanolThe county of Mid Glamorgan, but excluding the communities of Wick, St Bride’s Major, Ewenny and Pentyrch.
PowysThe county of Powys with the addition of the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn from the county of Clwyd.
South Glamorgan De MorgannwgThe county of South Glamorgan with the addition of the communities of Wick, St Bride’s Major, Ewenny and Pentyrch from the county of Mid Glamorgan.
West Glamorgan Gorllewin Morgannwg.The county of West Glamorgan.]

F57Part IVE+W

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

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Amendments (Textual)

[F58Schedule 5E+W Establishment of New Principal Councils

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Amendments (Textual)

F58Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F59Election of councillorsE+W

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Amendments (Textual)

F59Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F601The elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.E+W

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Amendments (Textual)

F60Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F61Electoral divisionsE+W

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Amendments (Textual)

F61Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F622(1)For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) such consultations as he thinks appropriate.E+W

(2)An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral division.

(3)There shall be a separate election of councillors for each electoral division.

(4)An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.

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Amendments (Textual)

F62Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F63First elections of new councilsE+W

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Amendments (Textual)

F63Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

3F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F64Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F65Declarations of acceptance of officeE+W

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Amendments (Textual)

F65Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

4F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F66Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F67First meetings of new principal councilsE+W

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Amendments (Textual)

F67Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

5F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F68Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

6F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F69Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

7F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F70Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F71Qualification for membershipE+W

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Amendments (Textual)

F71Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

8F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F72Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F73Suspension of electionsE+W

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Amendments (Textual)

F73Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

9F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F74Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F75Appropriate transition committeeE+W

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Amendments (Textual)

F75Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

10F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]E+W

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Amendments (Textual)

F76Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Qualification for membership of local authorityE+W

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Suspension of electionsE+W

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Annual meetingsE+W

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SupplementalE+W

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F77SCHEDULE 6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

F78SCHEDULE 7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

Section 53.

SCHEDULE 8E+W Constitution and Proceedings of the Local Government Boundary Commission for Wales

1(1)The Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than three other members.E+W

(2)At least one of the members of the Commission shall be a person able to speak the Welsh language.

(3)The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with the terms of their respective appointments.

(4)The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.

2There shall be paid to each member of the Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.E+W

3(1)The Secretary of State may appoint, to assist and advise the Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission.E+W

(2)There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Minister for the Civil Service.

4At any meeting of the Commission two shall be the quorum.E+W

5All acts done at a meeting of the Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.E+W

6Subject to the preceding provisions of this Schedule and to the provisions of, and of any regulations made or directions given under, Part IV of this Act, the procedure of the Commission at and in connection with their meetings shall be such as they may from time to time determine.E+W

Officers and servants, remuneration and expensesE+W

7(1)The Secretary of State may appoint a secretary to the Commission and such other officers and servants of the Commission as he may, with the approval of the Minister for the Civil Service, determine.E+W

(2)Before appointing a person to be a secretary to the Commission, the Secretary of State shall consult with the Commission.

(3)The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.

8The expenses of the Commission including—E+W

(a)the salaries, fees and allowances of its members,

(b)the remuneration and any expenses paid to an assistant commissioner, [F79 and]

(c)the remuneration and any expenses paid to the secretary and other officers and servants of the Commission. F80. . .

F81(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

together with the fees and allowances paid to persons appointed under paragraph 3 above, shall be defrayed out of moneys provided by [F82the National Assembly for Wales].

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Amendments (Textual)

F82Words in Sch. 8 para. 8 substituted (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Proof of documentsE+W

9(1)Every document purporting to be an instrument made or issued by the Commission and to be duly sealed with the seal of the Commission or to be signed by the secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission.E+W

(2)Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.

F83SCHEDULE 9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

F84SCHEDULE 10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

Section 78.

SCHEDULE 11E+W Rules to be Observed in Considering Electoral Arrangements

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Modifications etc. (not altering text)

CountiesE+W

1F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

[F86Welsh counties and county boroughs]E+W

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Amendments (Textual)

F86Sch. 11 para. 1A and preceeding cross-heading inserted (5.7.1994) by 1994 c. 19, ss. 7(3), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

[F871A(1)This paragraph applies to the consideration by the Secretary of State or the Welsh Commission of the electoral arrangements for elections of councillors for principal areas in Wales.E+W

(2)Subject to any direction under sub-paragraph (3) below, the Welsh Commission shall, when considering the arrangements for elections of councillors for any principal area in Wales, provide for there to be a single member for each electoral division.

(3)The Secretary of State may give a direction to the Welsh Commission requiring it to consider the desirability of providing for multi-member electoral divisions for the area to which the direction relates (which may be the whole or a specified part of a principal area in Wales).

(4)For the purposes of this paragraph, an electoral division is a multi-member division if the arrangements made for the elections of councillors provide for a specified number of councillors (greater than one) to be elected for that division.

(5)Having regard to any change in the number or distribution of the local government electors of the principal area likely to take place within the period of five years immediately following the consideration—

(a)subject to paragraph (b), the number of local government electors shall be, as nearly as may be, the same in every electoral division in the principal area;

(b)where there are one or more multi-member divisions, the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every electoral division in the principal area (including any that are not multi-member divisions);

(c)every ward of a community having a community council (whether separate or common) shall lie wholly within a single electoral division; and

(d)every community which is not divided into community wards shall lie wholly within a single electoral division.

(6)Subject to sub-paragraph (5) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a)the desirability of fixing boundaries which are and will remain easily identifiable; and

(b)any local ties which would be broken by the fixing of any particular boundary.]

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Amendments (Textual)

Modifications etc. (not altering text)

C4Sch. 11 para. 1A: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

F882. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Districts and London boroughsE+W

3F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Parishes and communitiesE+W

4(1)This paragraph applies to the consideration F90. . ., F91. . . [F92 by a Welsh principal council] or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).E+W

(2)In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether—

(a)the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and

(b)it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.

(3)Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to—

(a)any change in the number or distribution of the local government electors of the parish or community which is likely to take place within the period of five years immediately following the consideration;

(b)the desirability of fixing boundaries which are and will remain easily identifiable; and

(c)any local ties which will be broken by the fixing of any particular boundaries.

(4)Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.

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Amendments (Textual)

F90Words in Sch. 11 para. 4(1) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 2(4)

F935. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 99.

SCHEDULE 12E+W Meetings and Proceedings of Local Authorities

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Modifications etc. (not altering text)

C8Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)

Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

Part IE+W Principal Councils

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Modifications etc. (not altering text)

C9Sch. 12 Pt.I applied (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

Sch. 12 Pt.I: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch.1.

C10Sch. 12 Pt.I applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt.I: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

1(1)A principal council shall in every year hold an annual meeting.E+W

(2)The annual meeting of a principal council F94. . . shall be held—

(a)in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;

[F95(aa)in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;]

(b)in any other year, on such day in the month of March, April or May as the council may fix.

F96(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.

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Amendments (Textual)

Modifications etc. (not altering text)

C11Sch. 12 para. 1 applied (with modifications) (1.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28, para. 10(1) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C12Sch. 12 para. 1(2)(b) modified (10.4.2001 with effect for the year 2001) by 2001 c. 7, s. 1(6)

2(1)A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.E+W

(2)Those other meetings shall be held at such hour and on such days as the council may determine.

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Modifications etc. (not altering text)

C13Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

3(1)An extraordinary meeting of a principal council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed F97. . . by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then F97. . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.

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Amendments (Textual)

Modifications etc. (not altering text)

C14Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

4(1)Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.E+W

(2)Three clear days at least before a meeting of a principal council—

(a)notice of the time and place of the intended meeting shall be published at the council’s offices, and where the meeting is called by members of the council the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b)a summons to attend the meeting, specifying the business to be transacted thereat, and signed by the proper officer of the council, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the council.

(3)If a member of a principal council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(4)Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.

(5)Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

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Modifications etc. (not altering text)

C15Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

[F984A(1)The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.E+W

(2)Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F98Sch. 12 para. 4A inserted (1.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 98(1)(2), 108(4); S.I. 2000/2187, art. 3

5(1)At a meeting of a principal council the chairman, if present, shall preside.E+W

(2)If the chairman is absent from a meeting of a principal council, then—

(a)F99. . ., the vice-chairman of the council, if present, shall preside;

F100(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a London borough council, the deputy mayor, if at that time he remains a councillor F101. . . and is chosen for that purpose by the members of the council then present, shall preside.

(3)If—

(a)in the case of a principal council F102. . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;

F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;

another member of the council chosen by the members of the council present shall preside.

[F104(4)A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.

F104(5)Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive F105. . . . ”]

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Amendments (Textual)

F101Words repealed by S.I. 1977/1710, art. 3(c)

F105Words in Sch. 12 para. 5(5) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 12(2) and said words repealed (prosp.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 3

Modifications etc. (not altering text)

C18Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

6Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.E+W

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Modifications etc. (not altering text)

C19Sch. 12 para. 6 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

[F106Part IAE+W Joint Authorities and Inner London Education Authority

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Amendments (Textual)

[F1076A(1)Paragraph 1 above applies to a joint authority [F108, an economic prosperity board, a combined authority][F109or a police authority established under [F110section 3 of the Police Act 1996]][F111or the Metropolitan Police Authority]. . . as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.E+W

F112(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

Modifications etc. (not altering text)

C22Sch. 12 para. 6A(1) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 2

Sch. 12 para. 6A(1) modified (13.3.2004) by S.I. 2004/222, art. 4(2)

6BThe other provisions of Part I of this Schedule shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except thatE+W

[F113(a)]the number of members mentioned in paragraph 3(2) shall be three [F114, and F115. . .]

F114(b)in the case of a police authority established under [F116section 3 of the Police Act 1996][F117and the Metropolitan Police Authority],F118. . . sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority [F119the following person shall preside—

(i)in a case in which only one vice-chairman is present at the meeting, that vice-chairman;

(ii)in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and

(iii)in any other case, the member chosen by the members present;]. . .

(c)F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F113Word in Sch. 12 para. 6B inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 15(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F114Sch. 12 para. 6B(b) and preceding word substituted (1.10.1994 for specified purposes otherwise 1.4.1995) for words by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 15(3)(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F118Words in Sch. 12 para. 6B(b) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2)-(4), Sch. 6 para. 32(b)(i), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F119Words in Sch. 12 para. 6B(b) and Sch. 12 para. 6B(b)(i)-(iii) substituted (19.6.2001) by 2001 c. 16, s. 104(9); S.I. 2001/2223, art. 2(1)(b)

F120Sch. 12 para. 6B(c) and preceding word repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch. 6 para. 32(b)(ii), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art.4)

Modifications etc. (not altering text)

Part IIE+W Parish Councils

7(1)A parish council shall in every year hold an annual meeting.E+W

(2)In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.

(3)The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

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Modifications etc. (not altering text)

C24Sch. 12 para. 7(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 3

8(1)A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine.E+W

(2)Those other meetings shall be held at such hour and on such days as the council may determine.

9(1)An extraordinary meeting of a parish council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

10(1)Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in [F121premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] unless no other suitable room is available either free of charge or at a reasonable cost.E+W

(2)Three clear days at least before a meeting of a parish council—

(a)notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.

(3)Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting.

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Amendments (Textual)

Modifications etc. (not altering text)

C25Sch. 12 para. 10 applied (4.3.1996) by S.I. 1996/263, reg. 8(5)

11(1)At a meeting of a parish council the chairman of the council, if present, shall preside.E+W

(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3)If both the chairman and vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

12Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.E+W

13(1)Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a parish council shall be by a show of hands.E+W

(2)On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Part IIIE+W Parish Meetings

14(1)The parish meeting of a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year.E+W

(2)Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.

(3)In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.

(4)The proceedings at a parish meeting shall not commence earlier than 6 o’clock in the evening.

(5)A parish meeting shall not be held in [F122premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

15(1)A parish meeting may be convened by—E+W

(a)the chairman of the parish council, or

(b)any two parish councillors for the parish, or

(c)where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or

(d)any six local government electors for the parish.

(2)Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.

(3)The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to—

(a)the establishment or dissolution of a parish council, or

(b)the grouping of the parish with another parish or parishes under a common parish council.

(4)Public notice of a parish meeting shall be given—

(a)by posting a notice of the meeting in some conspicuous place or places in the parish, and

(b)in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

16The chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.E+W

17(1)In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside.E+W

(2)In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.

(3)If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.

18(1)Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question.E+W

(2)A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3)In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4)A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

(5)A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under [F123section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act] shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.

(6)Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

19(1)Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.E+W

(2)Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

20(1)Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish.E+W

(2)In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.

21(1)Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determined.E+W

(2)Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

22If any person, in a poll consequent on a parish meeting—E+W

(a)fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b)without due authority supplies a ballot paper to any person; or

(c)fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d)fraudulently takes out of the polling station any ballot paper; or

(e)without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i)if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii)in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part IVE+W Community Councils

23(1)A community council shall in every year hold an annual meeting.E+W

(2)In a year which is a year of ordinary elections of community councillors, the annual meeting of a community council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the community council may determine.

(3)The annual meeting of a community council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

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Modifications etc. (not altering text)

C29Sch. 12 para. 23(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 4

24(1)A community council may in every year hold, in addition to the annual meeting, such other meetings as the council may determine to hold for the transaction of their business.E+W

(2)Any of those other meetings shall be held at such hour and on such day as the council may determine.

25(1)An extraordinary meeting of a community council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

26(1)Meetings of the community council shall be held at such place, either within or without their area, as they may direct, but shall not be held in [F124premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] unless no other suitable room is available either free of charge or at a reasonable cost.E+W

(2)Three clear days at least before a meeting of a community council—

(a)notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.

(3)Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

27(1)At a meeting of a community council the chairman of the council, if present, shall preside.E+W

(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3)If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

28Subject to paragraph 45 below, no business shall be transacted at a meeting of a community council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.E+W

29(1)Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a community council shall be by a show of hands.E+W

(2)On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

Part VE+W Community Meetings

30(1)A community meeting may be convened at any time—E+W

(a)in a case where there is a community council, by the chairman of the council or by any two councillors representing the community on the council, and

(b)in any case, by any six local government electors for the community.

[F125(2)Except in a case falling within sub-paragraph (3) below, public notice of any community meeting shall be given not less than 7 clear days before the meeting.

(3)Where any business proposed to be transacted at a community meeting relates to any of the matters mentioned in section 29B(4) of this Act, public notice of the meeting shall be given not less than 30 clear days before the meeting.

(3A)The notice required by sub-paragraph (2) or (3) above shall—

(a)specify the time and place of the intended meeting;

(b)specify the business to be transacted at the meeting; and

(c)be signed by the person or persons convening the meeting.]

(4)Public notice of a community meeting shall be given—

(a)by posting a notice of the meeting in some conspicuous place or places in the community, and

(b)in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F125Sch. 12 para. 30(2)(3)(3A) substituted (1.4.1996) for Sch. 12 para. 30(2)(3) by 1994 c. 19, s. 12(2); S.I. 1995/3198, art. 3, Sch. 1

31The chairman of a community council shall be entitled to attend a community meeting for the community (or, where a grouping order is in force, for any of the communities comprised in the group) whether or not he is a local government elector for the community, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 34(3) below.E+W

32(1)The proceedings at a community meeting shall not commence earlier than 6 o’clock in the evening.E+W

(2)A community meeting shall not be held in [F126premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

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Amendments (Textual)

33(1)In a community for which there is a community council, the chairman of the council, if present, shall preside at a community meeting.E+W

(2)In any other case, a community meeting shall appoint a person to be chairman at that meeting.

34(1)Subject to the provisions of this Act, each local government elector may, at a community meeting or at a poll consequent thereon, give one vote and no more on any question.E+W

(2)A question to be decided by a community meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3)In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4)A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

(5)A poll consequent on a community meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to elections of community councillors under section 42 above and of the enactments mentioned in section 165(1) of the M3Representation of the People Act 1949 shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of community councillors.

(6)Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

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Marginal Citations

35(1)Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the [F127principal area] in which the community is situated and shall be signed at the conclusion of the community meeting by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.E+W

(2)Until the contrary is proved, a community meeting in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

36Subject to the provisions of this Act a community meeting may regulate their own proceedings and business.E+W

37(1)Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a community meeting on such terms and conditions as the Treasury may determine.E+W

(2)Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

38If any person, in a poll consequent on a community meeting—E+W

(a)fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b)without due authority supplies a ballot paper to any person; or

(c)fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d)fraudulently takes out of the polling station any ballot paper; or

(e)without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i)if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii)in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part VIE+W Provisions Relating to Local Authorities Generally

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Modifications etc. (not altering text)

C30Sch. 12 Pt. VI applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt. VI: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

C31Sch. 12 Pt. VI applied (07.08.1991) by S.I.1991/1773, art. 6, 8, Sch. 1.

Sch. 12 Pt. VI: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

39(1)Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority.E+W

(2)Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

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Modifications etc. (not altering text)

C34Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C36Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

40The names of the members present at a meeting of a local authority shall be recorded.E+W

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Modifications etc. (not altering text)

C38Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C40Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

41(1)Minutes of the proceedings of a meeting of a local authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next [F128suitable] meeting of the authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.E+W

(2)Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of a local authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next [F128suitable] meeting of the authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(3)Until the contrary is proved, a meeting of a local authority a minute of whose proceedings has been made and signed in accordance with this paragraph 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.

[F129(4)For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.]

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Amendments (Textual)

Modifications etc. (not altering text)

C41Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C43Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

42Subject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.E+W

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Modifications etc. (not altering text)

C44Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 42 applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(d)

Sch. 12 para. 42: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C46Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

43The proceedings of a local authority shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.E+W

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Modifications etc. (not altering text)

C47Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C49Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

44(1)Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority.E+W

(2)Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, 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 minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

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Modifications etc. (not altering text)

45Where more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole number of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority.E+W

[F13046In this Part of this Schedule “local authority” includes a joint authority [F131and a police authority established under [F132section 3 of the Police Act 1996]][F133and the Metropolitan Police Authority]. . . F134. . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.]E+W

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Amendments (Textual)

F131Words in Sch. 12 para. 46 inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 15(4); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

Modifications etc. (not altering text)

[F135SCHEDULE 12AE+WACCESS TO INFORMATION: EXEMPT INFORMATION

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Amendments (Textual)

Modifications etc. (not altering text)

PART 1 E+WDESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND

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Modifications etc. (not altering text)

C56Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

1Information relating to any individual.E+W

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Modifications etc. (not altering text)

2Information which is likely to reveal the identity of an individual.E+W

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Modifications etc. (not altering text)

3Information relating to the financial or business affairs of any particular person (including the authority holding that information).E+W

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Modifications etc. (not altering text)

4Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.E+W

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Modifications etc. (not altering text)

5Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.E+W

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Modifications etc. (not altering text)

6Information which reveals that the authority proposes—E+W

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

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Modifications etc. (not altering text)

7Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.E+W

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Modifications etc. (not altering text)

PART 2 E+WQUALIFICATIONS: ENGLAND

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Modifications etc. (not altering text)

C78Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

8Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—E+W

(a)[F136the Companies Acts (as defined in section 2 of the Companies Act 2006)]F137;

(b)the Friendly Societies Act 1974 F138;

(c)the Friendly Societies Act 1992 F139;

(d)the Industrial and Provident Societies Acts 1965 to 1978 F140;

(e)the Building Societies Act 1986 F141; or

(f)the Charities Act 1993 F142.

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Amendments (Textual)

Modifications etc. (not altering text)

9Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 F143.E+W

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Amendments (Textual)

Modifications etc. (not altering text)

10Information which—E+W

(a)falls within any of paragraphs 1 to 7 above; and

(b)is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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Modifications etc. (not altering text)

PART 3 E+WINTERPRETATION: ENGLAND

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Modifications etc. (not altering text)

C88Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

11(1)In Parts 1 and 2 and this Part of this Schedule—E+W

  • employee” means a person employed under a contract of service;

  • financial or business affairs” includes contemplated, as well as past or current, activities;

  • labour relations matter” means—

    (a)

    any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 F144(matters which may be the subject of a trade dispute, within the meaning of that Act); or

    (b)

    any dispute about a matter falling within paragraph (a) above;

    and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • registered” in relation to information required to be registered under the Building Societies Act 1986 F145, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a)in the case of a principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to—

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to—

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.

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Amendments (Textual)

Modifications etc. (not altering text)

[F146 PART 4 E+WDESCRIPTIONS OF EXEMPT INFORMATION: WALES

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Amendments (Textual)

Modifications etc. (not altering text)

12Information relating to a particular individual.E+W

13Information which is likely to reveal the identity of an individual.E+W

14Information relating to the financial or business affairs of any particular person (including the authority holding that information).E+W

15Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.E+W

16Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.E+W

17Information which reveals that the authority proposes —E+W

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

18Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.]E+W

[F147 PART 5 E+WQUALIFICATIONS: WALES

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Amendments (Textual)

Modifications etc. (not altering text)

19Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —E+W

(a)[F148the Companies Acts (as defined in section 2 of the Companies Act 2006)]F149;

(b)the Friendly Societies Act 1974 F150;

(c)the Friendly Societies Act 1992 F151;

(d)the Industrial and Provident Societies Acts 1965 to 1978 F152;

(e)the Building Societies Act 1986 F153; or

(f)the Charities Act 1993 F154.

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Amendments (Textual)

20Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 F155.E+W

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Amendments (Textual)

21Information which —E+W

(a)falls within any of paragraphs 12 to 15, 17 and 18 above; and

(b)is not prevented from being exempt by virtue of paragraph 19 or 20 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.]

[F156 PART 6 E+WINTERPRETATION: WALES

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Amendments (Textual)

Modifications etc. (not altering text)

22(1)In Parts 4 and 5 and this Part of this Schedule —E+W

  • employee” means a person employed under a contract of service;

  • financial or business affairs” includes contemplated, as well as past or current, activities;

  • labour relations matter” means —

    (a)

    any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 F157 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

    (b)

    any dispute about a matter falling within paragraph (a) above;

    and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • registered” in relation to information required to be registered under the Building Societies Act 1986 F158, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a)in the case of a principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to —

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to —

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.]]

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Amendments (Textual)

PART 4 E+WDESCRIPTIONS OF EXEMPT INFORMATION: WALES

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

PART 5 E+WQUALIFICATIONS: WALES

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

PART 6 E+WINTERPRETATION: WALES

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

Section 137(4)(a)

[F172SCHEDULE 12BE+WAppropriate sum under section 137(4)

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Amendments (Textual)

F172Sch. 12B inserted (27.11.2003 for W. and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 118(2), 128; S.I. 2003/3034, art. 2, Sch. 1 Pt. I; S.I. 2003/2938, art. 7(a) (subject to art. 8, Sch.)

1This Schedule has effect to determine for the purposes of section 137(4)(a) above the sum that is for the time being appropriate to a local authority.E+W

2The sum appropriate to the local authority for the financial year in which section 118 of the Local Government Act 2003 comes into force is £5.00.E+W

3(1)For each subsequent financial year, the sum appropriate to the local authority is the greater of the sum appropriate to the authority for the financial year preceding the year concerned and the sum produced by the following formula—E+W

(2)A is the sum appropriate to the local authority for the financial year preceding the year concerned.

(3)B is the retail prices index for September of the financial year preceding the year concerned.

(4)C is the retail prices index for September of the financial year which precedes that preceding the year concerned except where sub-paragraph (5) below applies.

(5)Where the base month for the retail prices index for September of the financial year mentioned in sub-paragraph (4) above (the first year) differs from that for the index for September of the financial year mentioned in sub-paragraph (3) above (the second year), C is the figure which the Secretary of State calculates would have been the retail prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year.

(6)References in sub-paragraphs (3) to (5) above to the retail prices index are to the general index of retail prices (for all items) published by the [F173Statistics Board] .

(7)If that index is not published for a month for which it is relevant for the purposes of any of those sub-paragraphs, the sub-paragraph shall be taken to refer to any substituted index or index figures published by [F174the Board] .

(8)For the purposes of sub-paragraph (5) above, the base month for the retail prices index for September of a particular year is the month—

(a)for which the retail prices index is taken to be 100, and

(b)by reference to which the index for the September in question is calculated.

(9)In calculating the sum produced by the formula in sub-paragraph (1) above a part of a whole (if any) shall be calculated to two decimal places only—

(a)adding one hundredth where (apart from this sub-paragraph) there would be five, or more than five, one-thousandths, and

(b)ignoring the one-thousandths where (apart from this sub-paragraph) there would be less than five one-thousandths.

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Amendments (Textual)

4Before the beginning of a financial year, the appropriate person may by order provide for a different sum to have effect as the sum appropriate to a local authority for the year in place of the sum calculated for the year in accordance with paragraph 3 above.E+W

5In paragraph 4 above “the appropriate person” means—E+W

(a)as respects England, the Secretary of State;

(b)as respects Wales, the National Assembly for Wales.

6An order under paragraph 4 above may make different provision in relation to local authorities of different descriptions.E+W

7An order under paragraph 4 above made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.]E+W

Section 172.

SCHEDULE 13E+W Loans and Other Financial Provisions

Part IE+W

F1751–22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Part IIE+W Amendments with Respect to Finance and Rating

F17623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Rural Water Supplies and Sewerage Act 1944E+W

24 F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Parish Councils Act 1957E+W

25 F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F178Sch. 13, para. 25 repealed (21. 8. 1998) by S.I.1991/1730, arts. 1, 2(1), Sch. 1.

F17926. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F18027. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The M4General Rate Act 1967E+W

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Marginal Citations

28(1)The M5General Rate Act 1967 shall be amended in accordance with the following provisions of this paragraph.E+W

X1(2)In section 2(2) for the words “rural district council” in both places where they occur, and in section 5(1)(e) for those words, there shall be substituted the words “ district council ”.

X1(3)In section 38(4), for the word “counties” there shall be substituted the words “ non-metropolitan counties and metropolitan districts ”.

X1(4)In section 67(2)(b) for sub-paragraphs (ii) and (iii) there shall be substituted the following paragraph:—

(ii)in respect of any rating district.

X1(5)In section 112, the words “or urban district”, “or district” and “rural” shall cease to have effect.

X1(6)In section 115, for the definition of “rating district” there shall be substituted the following definition:— rating district” means—

(a)as respects Greater London, a rating area or, subject to paragraph 8(1)(b) of Schedule 4 to this Act, any part of a rating area which is subject to separate or differential rating (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910 or the City of London (Tithes) Act 1947);

(b)except as respects Greater London—

(i)any part of a rating area which is subject to separate or differential rating ;

(ii)in a parish or community part of which is so subject, the part which is not so subject;

(iii)a parish no part of which is so subject ;

(iv)a community which is not co-extensive with the area of a district and no part of which is so subject ;

(v)any part of a rating area in England not falling within sub-paragraph (i), (ii) or (iii) above;

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Editorial Information

X1The text of Sch. 13 paras. 24, 25, 28(2)–(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

29(1)Sections 88, 89 and 91 of the said Act of 1967 shall have effect subject to the following provisions of this paragraph.E+W

(2)It shall be the duty of every new county council to make and submit to the Secretary of State not later than a date prescribed for the purposes of this sub-paragraph a scheme for the constitution of a local valuation panel for the county or two or more local valuation panels for areas which together comprise the whole of the county.

(3)A county council may discharge the said duty by making and submitting to the Secretary of State a joint scheme with one or more other county councils for the constitution of a local valuation panel or local valuation panels for the whole of their respective counties, or for areas which together comprise the whole of their respective counties.

(4)A scheme under this paragraph shall be treated for all purposes as having been made under section 91(1)(a) of the said Act of 1967 and submitted to the Secretary of State under section 91(3) of that Act.

(5)Any such scheme approved by the Secretary of State under section 91(5) of that Act shall not come into operation until a date prescribed for the purposes of this sub-paragraph.

(6)Any scheme in force for the purposes of section 88 of that Act immediately before 1st April 1974 for an existing county or county borough shall, notwithstanding the abolition or alteration of the county or borough but subject to section 91(1) of that Act, continue in force until a date prescribed for the purposes of this sub-paragraph and shall then expire.

(7)Any vacancy occurring before the date prescribed for the purposes of this sub-paragraph in the membership of a local valuation panel constituted under a scheme continued in force by sub-paragraph (6) above shall—

(a)if the area for which the panel is constituted is co-extensive with or wholly comprised in the area of a new county, be filled by a person appointed by the council of that county;

(b)otherwise, be filled by a person appointed jointly by the councils for those counties which include any part of the area for which the panel is constituted.

Section 180.

SCHEDULE 14E+W Amendment and Modification of Public Health Acts, Etc.

Part IE+W The M6Public Health Act 1936

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Marginal Citations

X21For section 1 there shall be substituted the following section—E+W

1(1)Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act into execution, that is to say—

(a)in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish or community council of any powers conferred upon such councils;

(b)in a London borough, the borough council;

(c)in the City of London, the Common Council; and

(d)in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively.

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Editorial Information

X2The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.E+W

3F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

4Without prejudice to paragraph 2 above, the following provisions, that is to say, sections F182. . . [F18379, 80], F184. . ., 263 and 264 shall apply throughout the district of every local authority.E+W

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Amendments (Textual)

F1855–7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1868. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

X39(1)For sections 87(1) and (2) there shall be substituted the following subsections:—E+W

(1)A county council, the Greater London Council, a local authority or a parish or community council may, subject to subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.

(2)Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority.

(2)In section 87(3) for the words “a county council or local” there shall be substituted the words “ any such council or ”.

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Editorial Information

X3The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F18710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F18811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F18912. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F19013, 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F19115, 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F19217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

18The powers conferred by Part VIII on local authorities within the meaning of the M7Public Health Act 1936 shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.E+W

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Marginal Citations

19F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

20Any reference in section 278 to a local authority shall include a reference to a county council F194. . ..E+W

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Amendments (Textual)

21F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

X422In section 343 for the definition of contributory place there shall be substituted the following definition:— “ “contributory place” means a rating district within the meaning of the General Rate Act 1967. ”.E+W

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Editorial Information

X4The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IIE+W Other Enactments

Public Health Acts 1875 to 1925E+W

23Subject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.E+W

24Paragraph 23 above shall not apply to the following enactments, that is to say—E+W

(a)so much of section 160 of the M8Public Health Act 1875 as incorporates the provisions of the M9Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);

(b)section 171(4) of the said Act of 1875;

F196(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)sections 21, 82, 83 F197. . . of the M10Public Health Acts Amendment Act 1907; and

(e)sections 17 to 19 and 76 of the M11Public Health Act 1925;

and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.

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Amendments (Textual)

Marginal Citations

25(1)Subject to [F198sub-paragraph (2)] below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).E+W

(2)A resolution under this paragraph disapplying—

(a)section 171(4) of the M12Public Health Act 1875;

F199(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 82, 83 F200. . . of the M13Public Health Acts Amendment Act 1907; or

(d)section 76 of the M14Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3)A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4)F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a)given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b)served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6)The date on which a resolution under this paragraph is to take effect shall—

(a)F202. . . be a date specified therein, being not earlier than one month after the date of the resolution; F203. . .

(b)F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

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Amendments (Textual)

Modifications etc. (not altering text)

C95Sch. 14 para. 25 applied with modifications by S.I. 1975/1636, art. 7

Marginal Citations

26The following enactments shall not extend to Greater London, that is to say—E+W

(a)sections 160 and 171 of the M15Public Health Act 1875;

F204(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)sections 21 and 80 of the M16Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M17Town Police Clauses Act 1847;

(d)sections 17 to 19, 75 and 76 of the M18Public Health Act 1925.

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Amendments (Textual)

Marginal Citations

27(1)The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly.E+W

(2)This paragraph applies to the following enactments, that is to say—

(a)section 164 of the M19Public Health Act 1875;

(b)section 44 of the M20Public Health Acts Amendment Act 1890;

(c)Part VI of the M21Public Health Acts Amendment Act 1907, as amended by Part VI of the M22Public Health Act 1925.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

28A district council [F205or, where they are not the highway authority, the council of a Welsh principal area] shall not without the consent of the highway authority—E+W

(a)provide a clock under section 165 of the M23Public Health Act 1875 in a case where it overhangs a highway; or

(b)exercise any power under section 40 or 42 of the M24Public Health Acts Amendment Act 1890 or section 14 or 75 of the M25Public Health Act 1925 in relation to a highway.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Marginal Citations

29A highway authority who are not a local authority within the meaning of the M26Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

30Any reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M27London Government Act 1963, be construed as a reference to the Greater London Council alone.E+W

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Annotations are used