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Local Government Act 1985

1985 CHAPTER 51

An Act to abolish the Greater London Council and the metropolitan county councils; to transfer their functions to the local authorities in their areas and, in some cases, to other bodies; and to provide for other matters consequential on, or connected with, the abolition of those councils.

[16th July 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Modifications etc. (not altering text)

C1Certain rights and liabilities arising by virtue of the Act transferred by S.I. 1986/148, art. 9(1)(2)

C3Act explained by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61) s. 5(1), Sch. 3 para. 5(2)

Part IE+W Abolition of Greater London Council and Metropolitan County Councils

1 Abolition of GLC and metropolitan county councils.E+W

(1)On the date on which this subsection comes into force—

(a)the Greater London Council; and

(b)the metropolitan county councils,

shall cease to exist.

(2)The date on which subsection (1) above comes into force is in this Act referred to as the “abolition date” and shall be 1st April 1986.

Part IIE+W Transfer of Functions to London Borough Councils, Metropolitan District Councils and Other Existing Authorities

PreliminaryE+W

2 Commencement of Part II.E+W

Except so far as otherwise provided the following provisions of this Part of this Act shall have effect from the abolition date.

Town and country planning etc.E+W

3 Local planning authorities.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5)[F4In paragraph 55(1) of Schedule 16 to the Local Government Act 1972] after the words “Elsewhere than in Greater London” there shall be inserted the words “, a metropolitan county”.

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Amendments (Textual)

4, 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

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Amendments (Textual)

6 Listed buildings, conservation areas and ancient monuments.E+W+S+N.I.

Schedule 2 to this Act shall have effect for amending the law relating to listed buildings, conservation areas, ancient monuments and certain related subjects, the principal purpose of the amendments being—

(a)to transfer functions relating to those matters from the Greater London Council to the Historic Buildings and Monuments Commission for England; and

(b)to make, in the enactments relating to those functions, amendments consequential on section 3(1) above.

7 National Parks and countryside functions.E+W+S+N.I.

(1)Schedule 3 to this Act shall have effect for transferring functions relating to National Parks and the countryside from—

(a)the Greater London Council to London borough councils and the Common Council; and

(b)from metropolitan county councils to metropolitan district councils.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Highways and road trafficE+W

8 Highways and road traffic functions.E+W

(1)Schedule 4 to this Act shall have effect for amending the law relating to highways, streets and bridges, and Part I of Schedule 5 to this Act for amending certain enactments relating to road traffic, the principal purpose of the amendments being to transfer functions relating to those matters—

(a)from the Greater London Council to London borough councils and the Common Council; and

(b)from metropolitan county councils to metropolitan district councils.

(2)The supplementary provisions in Part II of Schedule 5 to this Act shall have effect in relation to the regulation of road traffic in Greater London and the metropolitan counties.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

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Amendments (Textual)

Waste regulation and disposalE+W

9 Waste regulation and disposal functions.E+W+S+N.I.

Schedule 6 to this Act shall have effect for transferring functions relating to waste regulation and disposal—

(a)from the Greater London Council to London borough councils and the Common Council; and

(b)from metropolitan county councils to metropolitan district councils.

10 Joint arrangements for waste disposal functions.E+W

(1)If it appears to the Secretary of State in the case of Greater London or of any metropolitan county—

(a)that all or any of the councils by which functions to which this section applies will be exercisable in that area from the abolition date could with advantage make joint arrangements for the discharge of all or any of those functions from that date but have not made any or any satisfactory arrangements for that purpose before 15th November 1985; or

(b)that satisfactory arrangements for that purpose have ceased or will cease to be in operation at any time after the abolition date,

he shall by order establish for the whole or any part of that area a single authority to discharge from that date or, as the case may be, from any subsequent time all those functions or such of them as are specified in the order.

(2)For the purposes of subsection (1) above the Secretary of State shall have particular regard to the need for satisfactory arrangements in respect of hazardous waste.

(3)No person shall be a member of an authority established by an order under subsection (1) above unless he is a member of one of the councils for whose areas the authority is established; and any such order may make provision for enabling the Secretary of State to require the authority established by the order to submit to him a scheme for the winding up of the authority and the transfer to those councils of its functions, property, staff, rights and liabilities.

(4)This section applies to any functions conferred by section 74 or 76 of the M1Public Health Act 1936, [F8Part II of the Environmental Protection Act 1990], the M2Refuse Disposal (Amenity) Act 1978 or section 5 or 6 of the M3Litter Act 1983.

(5)The Secretary of State may by order dissolve any authority established under this section or provide for excluding any functions, or any functions in any area, from those for which the authority was established.

(6)An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any enactment or any instrument made under any enactment.

(7)An order may be made by virtue of subsection (1)(a) above at any time before the abolition date.

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Amendments (Textual)

F8Words in s. 10 substituted (in force at 1.5.1994 except for the purposes of specified activities and in force for those excepted purposes in accordance with art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c.43, SIF 46:4), s. 162(1), Sch. 15 para. 26; S.I. 1994/1096, arts. 2, 3 (as amended by S.Is. 1994/2487 and 1994/3234)

Marginal Citations

Land drainage and flood preventionE+W

11 Land drainage and flood prevention functions.E+W+S+N.I.

F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by an order made before and taking effect on the abolition date make provision for the exercise on and after that date of the functions which by virtue of Schedule 5 to that Act are exercisable by the Greater London Council in the London excluded area and for that purpose may make such consequential amendments in that Act and the M4Water Act 1973 as appear to him to be required.

(3)In section 2(1) of the M5Reservoirs Act 1975 (local authorities for the purposes of that Act) for the words “the Greater London Council and county councils” there shall be substituted the words “the councils of counties, metropolitan districts and London boroughs”.

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Amendments (Textual)

Marginal Citations

Administration of justiceE+W

F1012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F10S. 12 repealed (19.6.1997) by 1997 c. 25, s. 73(3), Sch. 6 Pt. I (with Sch. 4 para. 27)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

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Amendments (Textual)

F1214 Local valuation panels.E+W

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

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Amendments (Textual)

F1315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F13S. 15 repealed (5.2.1994) by 1993 c. 47, s. 32, Sch. 4.

MiscellaneousE+W

16 Miscellaneous functions.E+W+S+N.I.

Schedule 8 to this Act shall have effect for transferring functions under the enactments there mentioned—

(a)from the Greater London Council to London borough councils and the Common Council; and

(b)from metropolitan county councils to metropolitan district councils.

17 Functions under local statutory provisions.E+W

(1)Subject to the foregoing provisions of this Part of this Act and to any other provision made by or under this Act or any other enactment—

(a)any functions conferred by a local statutory provision which immediately before the abolition date are exercisable by the Greater London Council in or for the benefit of the whole of Greater London shall on and after that date be exercisable in or for the benefit of each London borough or the City by the council of that borough or the Common Council, as the case may be; and

(b)any functions conferred by a local statutory provision which immediately before that date are exercisable by the council of a metropolitan county in or for the benefit of the whole of that county shall on and after that date be exercisable in or for the benefit of each district in the county by the council of that district.

(2)In this section “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of an instrument made under any such local Act or of an instrument in the nature of a local enactment made under any other Act.

Part IIIE+W

18—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

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Amendments (Textual)

Part IVE+W Police, Fire Services, Civil Defence and Transport

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Modifications etc. (not altering text)

C4Pt. IV (ss. 23–42) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8

Establishment of joint authoritiesE+W

23Preliminary.E+W

In this Part of this Act “the appointed day”, in relation to the establishment of the authorities mentioned in the following provisions (in this Act referred to as “joint authorities”), means such day before the abolition date as the Secretary of State may by order appoint, and different days may be appointed for different authorities.

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Modifications etc. (not altering text)

C5S. 23: 15.9.1985 appointed for the establishment of the authorities mentioned in ss. 24, 25, 26, 27, 28 by S.I. 1985/1283, art. 3

F1524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F15S. 24 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F1625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F16S. 25 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch

26 Metropolitan county fire and civil defence authorities.E+W

(1)On the appointed day there shall be established for each metropolitan county a body corporate to be known by the name of that county with the addition of the words “Fire and Civil Defence Authority”.

(2)The authorities established by this section shall be known as metropolitan county fire and civil defence authorities.

(3)[F17Subject to subsection (5), each] metropolitan county fire and civil defence authority shall consist of members of the constituent councils appointed by them to be members of the authority.

(4)The constituent councils in relation to a metropolitan county fire and civil defence authority shall be the councils of the metropolitan districts comprised in the county.

[F18(5)A metropolitan county fire and rescue authority may appoint a relevant police and crime commissioner to be a member of the authority.

(6)An appointment under subsection (5) may only be made in response to a request by the relevant police and crime commissioner.

(7)If a request under subsection (6) is made to a metropolitan county fire and rescue authority, the authority must—

(a)consider the request,

(b)give reasons for their decision to agree to or refuse the request, and

(c)publish those reasons in such manner as they think appropriate.

(8)In this section “relevant police and crime commissioner”, in relation to a metropolitan county fire and rescue authority, means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the authority, or

(b)all or part of whose area falls within the area of the authority.]

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Amendments (Textual)

F17Words in s. 26(3) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(6)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

F18S. 26(5)-(8) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(6)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

F1927. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

28 [F20Integrated Transport Authorities]E+W

(1)On the appointed day there shall be established for each metropolitan county a body corporate to be known by the name of that county with the addition of the words [F21“ Integrated Transport Authority ”].

(2)The [F22authorities] established by this section shall be known as [F23Integrated Transport Authorities] .

(3)Each [F24Integrated Transport Authority established under this section] shall consist of members of the constituent councils appointed by them to be members of the authority.

(4)The constituent councils in relation to [F25an Integrated Transport Authority established under this section] shall be the councils of the metropolitan districts comprised in the county.

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Amendments (Textual)

Members of joint authoritiesE+W

29 Number of members.E+W

(1)The number of members to be appointed to a joint authority by a constituent council F26. . . shall be the number specified for that council F26. . . in relation to that authority in Schedule 10 to this Act.

(2)Subject to subsection (3) below, the Secretary of State may by order make alterations in the numbers for the time being specified in that Schedule, including alterations resulting in an increase or decrease in the total number of members of any joint authority.

(3)In making any alternation in the number of members to be appointed to a joint authority by any of its constituent councils the Secretary of State shall have regard to the number of local government electors in the areas of those councils respectively; F26. . ..

(4)The Secretary of State shall consult a joint authority’s constituent councils before making any order in respect of that authority under subsection (2) above.

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Amendments (Textual)

F26Words in s. 29(1)(3) repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F2730 First appointments.E+W

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

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Amendments (Textual)

31 Replacement of members.E+W

(1)A constituent council may at any time terminate the appointment of a person appointed by it to a joint authority and appoint another member of the council in his place.

(2)Where a constituent council exercises its powers under this section—

(a)it shall give notice of the new appointment and of the termination of the previous appointment to the authority to which those appointments were made; and

(b)subject to [F28subsection (3) below and to] section 32(5) below, the new appointment shall take effect, and the previous appointment shall terminate, at the end of one month from the date on which the notice is given.

[F29(3)Where a constituent council exercises its powers under this section to replace a person who has continued to be a member of a joint authority by virtue of section 32(1A) below and notice is given not later than seven days after the council’s annual meeting next following his retirement and re-election, his appointment shall terminate and the new appointment shall take effect upon the notice being given.]

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Amendments (Textual)

Modifications etc. (not altering text)

C6S. 31 amended by S.I. 1985/1884, art. 4(1)(a)

C8S. 31 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch.

32 Filling of vacancies.E+W

(1)The appointment of a person to a joint authority by a constituent council shall terminate if he ceases to be a member of the council; and where a person’s appointment terminates by virtue of this subsection the constituent council shall as soon as practicable give notice of that fact to the authority to which he was appointed.

[F30(1A)For the purposes of this section a person shall not be treated as ceasing to be a member of a constituent council where he retires by virtue of—

(a)section 7(3) of the Local Government Act 1972 (retirement of metropolitan district councillors), or

(b)paragraph 6(3) of Schedule 2 to that Act (retirement of London borough councillors),

and is re-elected to membership of the council not later than the day of his retirement.]

(2)Where a vacancy among the persons appointed to a joint authority by a constituent council occurs for any reason other than that mentioned in subsection (1) above, the joint authority shall give notice of that fact to the constituent council—

(a)in a case where the authority declares the office to be vacant, immediately after the declaration;

(b)in a case where the High Court declares the office to be vacant, as soon as practicable after the date of the declaration; and

(c)in the case of resignation, as soon as practicable after the date of receipt of the notice of resignation by the officer to whom it is required to be delivered.

(3)Where a vacancy occurs among the persons appointed to a joint authority by a constituent council, that council shall not later than one month after the relevant date—

(a)appoint another member of the council to fill the vacancy; and

(b)give notice of that appointment to the joint authority;

and any appointment made under this subsection shall take effect when notice of the appointment is given as aforesaid.

(4)In subsection (3) above “the relevant date” means, in a case within subsection (1) above, the date on which the person in question ceased to be a member of the constituent council and, in a case within subsection (2) above, the date on which notice of the vacancy is given to the constituent council under that subsection.

(5)So much of subsection (2)(b) of section 31 above as provides that the previous appointment shall terminate at the end of the period there mentioned shall not be construed as precluding its earlier termination by virtue of subsection (1) above or for any other reason; but in that event—

(a)the new appointment and the notice of it given under that section shall be treated as a sufficient compliance with subsection (3) above; and

(b)the new appointment shall take effect on the termination of the previous appointment or on the giving of that notice, whichever is the later.

(6)For the purposes of subsection (5)(b) above an appointment which terminates by virtue of subsection (1) above shall be treated as terminating when notice of that fact is given in accordance with that subsection.

(7)Where a person is appointed to a joint authority by a constituent council and before his appointment takes effect he—

(a)ceases to be a member of that council; or

(b)otherwise becomes disqualified for appointment,

that council shall as soon as practicable replace his appointment by a further appointment and give notice of it to the joint authority; and the further appointment shall take effect when the original appointment would have taken effect or on the giving of that notice, whichever is the later.

F31(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F31S. 32(8) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3236, art. 4, Sch.

Modifications etc. (not altering text)

C9S. 32(1) amended by S.I. 1985/1884, art. 4(1)(b)

C10S. 32(1) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(b)

C11S. 32(1)(1A)(5) applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch.

C12S. 32(2)–(7) amended by S.I. 1985/1884, art. 4(1)(b)

C13S. 32(2)–(7) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(b)

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

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Amendments (Textual)

34 Chairman, vice-chairman, and clerk.E+W

(1)A joint authority shall in each year appoint a chairman and vice-chairman from among its members.

(2)The appointments under subsection (1) above shall be the first business transacted at the annual meeting of the authority.

(3)Subject to any standing orders made by the authority, anything authorised or required to be done by or in relation to the chairman may be done by or in relation to the vice-chairman.

(4)The authority may pay to the chairman and vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the authority thinks reasonable.

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

(6)On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made at the next ordinary meeting of the authority held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date then not later than the next following meeting; and any such meeting may be convened by the proper officer of the authority.

(7)For the purposes of subsection (6) above the vacancy shall be deemed to have occurred—

(a)if the chairman has ceased to be a member of the authority by reason of section 31 above, at the time specified in subsection (2)(b) of that section;

(b)if the chairman has ceased to be a member by reason of section 32(1) above, when notice thereof is given to the authority under that provision;

[F33(ba)if the chairman is a police and crime commissioner and the authority and the commissioner have agreed that the commissioner should cease to be a member of the authority, the date agreed by the authority and the commissioner as the date on which the commissioner's membership should cease; and]

(c)in any other case, on the date of the declaration or of receipt of the notice of resignation mentioned in section 32(2) above.

(8)Each joint authority shall appoint a person to be the clerk to the authority and in making the appointment the authority shall have regard to the desirability of that person being the chief officer of a constituent council of the authority.

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Amendments (Textual)

F33S. 34(7)(ba) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) for word by Policing and Crime Act 2017 (c. 3), ss. 7(7), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

Modifications etc. (not altering text)

C14S. 34 amended by S.I. 1985/1884, arts. 4(1)(c), 11(1)

35 Disqualification.E+W

(1)A person shall be disqualified for being appointed or being a member of a joint authority if he holds any paid office or employment (other than the office of chairman or vice-chairman [F34or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F35or elections] to which are or may be made or confirmed by the authority or any committee or sub-committee of the authority or by a joint committee on which the authority is represented or by any person holding any such office or employment [F36or by an elected mayor] .

(2)A paid officer of a joint authority who is employed under the direction of—

(a)a committee or sub-committee of the joint authority any member of which is appointed on the nomination of another joint authority or of a local authority; or

(b)a joint committee on which the joint authority is represented and any member of which is so appointed,

shall be disqualified for being appointed or being a member of that other joint authority or for being elected or being a member of the local authority, as the case may be.

(3)A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M6Transport Act 1962) of, the Passenger Transport Executive for an area which is or was coterminous with the area of a metropolitan county shall be disqualified for being appointed or being a member of [F37the Integrated Transport Authority] for that county.

[F38(4)In this section, “elected mayor”, “executive”, “executive arrangements”, [F39and executive leader] have the same meaning as in Part II of the Local Government Act 2000.]

[F40(5)In this section “leader and cabinet executive” means—

(a)in relation to England: a leader and cabinet executive (England);

(b)in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.]

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Amendments (Textual)

F34Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(a)

F35Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(b)

Modifications etc. (not altering text)

C16S. 35 excluded (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 47(7)

C17S. 35 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch.

C19S. 35(1)(2) amended by S.I. 1985/1884, art. 4(1)(d)

C20S. 35(1)(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(e)

Marginal Citations

36 Notices.E+W

As soon as practicable after receiving notice from a constituent council F41. . . that it has made an appointment, or F41. . . that it has terminated an appointment, under this Part of this Act, the authority to which the appointment was made shall give public notice of the fact that the appointment has been made or terminated and of the name of the person concerned.

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Amendments (Textual)

F41Words in s. 36 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Modifications etc. (not altering text)

C21S. 36 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch. Pt. I

FunctionsE+W

37 Police and fire services.E+W

Schedule 11 to this Act shall have effect, as from the abolition date, for vesting functions relating to F42. . . fire services and certain related matters in the police authorities and fire and civil defence authorities established by this Part of this Act.

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Amendments (Textual)

F42Words in s. 37 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

F4338 Civil defence.E+W+S

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

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Amendments (Textual)

39 Passenger transport.E+W+S+N.I.

(1)Schedule 12 to this Act shall have effect for transferring functions relating to passenger transport to the metropolitan county passenger transport authorities and for making provision with respect to the exercise of those functions.

(2)In that Schedule [F44paragraph 3] shall have effect from the abolition date and paragraph 5 shall have effect as provided in sub-paragraph (5) of that paragraph.

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Amendments (Textual)

F44Words substituted by Transport Act 1985 (c.67, SIF 126), ss. 58(4)(b), 140

40 Airports.E+W

(1)If, in the case of any airport in respect of which a metropolitan county council has property, rights or liabilities, the Secretary of State is satisfied that the councils of the districts comprised in the county have agreed on—

(a)the operation of the airport from the abolition date by a committee consisting of or including members appointed by all or any of those councils; and

(b)the transfer or division of the property, rights and liabilities of the metropolitan county council to or among all or any of those councils,

he may, by an order coming into force on that date, provide for the transfer or division of that property and those rights and liabilities in accordance with the agreement.

(2)If, in the case of any such airport, the Secretary of State is not satisfied as aforesaid he may by an order coming into force on the abolition date provide for the transfer of the property, rights and liabilities of the metropolitan county council in respect of the airport to the metropolitan county passenger transport authority.

(3)In sections 30 [F45, 31, 35] and 88(10) of the M7Civil Aviation Act 1982 (airport functions of local authorities) references to a local authority shall include references to [F46an Integrated Transport Authority for an integrated transport area in England] ; and before making any order under subsection (1) or (2) above the Secretary of State shall satisfy himself that any necessary consent under section 30 of that Act has been or will be obtained.

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Amendments (Textual)

F45Words substituted by Airports Act 1986 (c.31, SIF 9), s. 83(1), Sch. 4 para. 10: by S.I. 1986/1228 this substitution came into force 1.8.1986 save as regards the words “60(3)(o)” as to which the substitution came into force by S.I. 1986/1487, art. 5 on 1.4.1987

Marginal Citations

41 Questions on discharge of functions.E+W

Arrangements shall be made (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of a joint authority to be put in the course of the proceedings of any constituent council by members of that council for answer by a member of it who is also a member of the authority and is nominated by the authority for that purpose.

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Modifications etc. (not altering text)

C22S. 41 amended by S.I. 1985/1884, art. 5(2)

42 Reorganisation of functions.E+W

(1)The Secretary of State may by order make provision for F47...

F48(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F51..., the transfer to the council of a metropolitan district or London borough or to the Common Council in respect of its area of any functions that would otherwise be exercisable in respect of that area by a joint authority or, in the case of the council of a metropolitan district, by a Passenger Transport Executive.

F52(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Before making an order under this section the Secretary of State shall consult each of the following bodies which appears to him to be affected by the order, that is to say, F53...... the council of a county, district or London borough and the Common Council.

(4)An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any other provision of this Act, any other enactment or any instrument made under any enactment.

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Amendments (Textual)

F48S. 42(1)(a)(2)(a) repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F49S. 42(1)(b) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 59(2), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F52S. 42(2) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 59(2), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Part VE+W The Arts, Recreation and Voluntary Organisations

43 Museum of London.E+W+S+N.I.

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(3)In sections 9(1) and (3), 14(1) and (2) and 15(1) and (2) of that Act (functions of Corporation and Greater London Council) for the words “the Corporation and the Greater London Council”, wherever they occur, there shall be substituted the words “and the Corporation”.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(5)In paragraph 4 of the Schedule to that Act (resignation and vacation of office)—

(a)in sub-paragraph (1) for the words “or (c) thereof, to the body by whom he was appointed” there shall be substituted the words “thereof, to the Corporation”;

(b)in sub-paragraph (2) for the words from “or (c)” to “was appointed” there shall be substituted the words “of this Act who is, at the time of his appointment, a member of the Common Council of the City of London”.

(6)Subsections (3) to (5) above shall have effect from the abolition date.

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Amendments (Textual)

F54S. 43(1)(2) repealed and superseded by Museum of London Act 1986 (c.8, SIF 87), ss. 1(3), 7, Sch.

F55S. 43(4) repealed and superseded by Museum of London Act 1986 (c.8, SIF 87), ss. 3(2), 7, Sch.

44 Historic House Museums.E+W

The Historic House Museums, that is to say, Kenwood House, Marble Hill House and Ranger’s House, together with such land of the Greater London Council adjacent to Kenwood House and such other property of that Council as may be specified by an order made by the Secretary of State, shall on the abolition date vest in the Historic Buildings and Monuments Commission for England; and the functions of the Greater London Council by virtue of—

(a)the M8Iveagh Bequest (Kenwood) Act 1929;

(b)Part IV of the M9London County Council (General Powers) Act 1902 (which relates to the Marble Hill Estate); and

(c)section 21 of the M10London County Council (General Powers) Act 1900, section 22 of the M11London County Council (General Powers) Act 1952 and section 6 of the M12Greater London Council (General Powers) (No. 2) Act 1978 (which relate to Ranger’s House),

shall on that date become functions of the Commission.

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Marginal Citations

M91902 c. clxxiii.

M101900 c. cclxviii.

45 Horniman and Geffrye museums.E+W

The Horniman and Geffrye museum, together with such adjacent land and other property of the Greater London Council as may be specified by an order made by the Secretary of State, shall on the abolition date vest in the Authority established by section 18 above; and the functions of the Greater London Council by virtue of—

(a)section 46 of the M13London County Council (General Powers) Act 1901 (which relates to the Horniman museum); and

(b)section 29 of the M14London County Council (General Powers) Act 1959 (which relates to the Geffrye museum),

shall on that date become functions of that Authority.

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Marginal Citations

M131901 c. cclxxii.

46 Metropolitan county museums.E+W

(1)If it appears to [F56the Secretary of State] that any collection of works of art or of objects of historical or scientific interest belonging to a metropolitan county council is of such national importance that on the abolition date it should be vested in a body of trustees appointed by him and supported by moneys provided by Parliament he may make a recommendation to that effect to Her Majesty in Council and Her Majesty may then by Order in Council constitute such a body and make such further provision as appears to Her Majesty to be necessary or expedient for giving effect to the recommendation.

F57(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F56Words in s. 46(1) substituted (3.7.1992) by S.I. 1992/1311, art. 12(2), Sch. 2 para. 7(a)

F57S. 46(2) omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(2), Sch. 2 para. 7(b)

Modifications etc. (not altering text)

C24S. 46: certain functions transferred (3.7.1992) by S.I. 1992/1311, art. 3(1), Sch. 1, Pt.I

47 The South BankE+W

(1)The Royal Festival Hall, the Queen Elizabeth Hall, the Purcell Room, the National Theatre, the National Film Theatre and the Hayward Gallery, together with such adjacent land and other property of the Greater London Council as may be specified by an order made by the Secretary of State, shall on the abolition date vest in the Arts Council of Great Britain.

(2)The Council shall furnish [F58the Secretary of State] with such information relating to the property vested in them by or under this section and the manner in which they are discharging or intend to discharge their responsibilities in respect of it as he may require and shall make to him, as soon as may be after 31st March in each year following that in which the abolition date falls, a report on their discharge of those responsibilities since the abolition date or, as the case may be, since the end of the period covered by their last report under this subsection; and each report shall include particulars of so much of the Council’s accounts for the period covered by the report as relates to that property.

(3)[F58The Secretary of State]shall lay before Parliament a copy of each report made to him under subsection (2) above.

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F58Words in s. 47(2)(3) substituted (3.7.1992) by S.I. 1992/1311, art. 12(2), Sch. 2 para. 7(a)

F59S. 47(4) omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(2), Sch. 2 para. 7(b)

Modifications etc. (not altering text)

C25S. 47: certain functions transferred (3.7.1992) by S.I. 1992/1311, art. 3(1), Sch. 1, Pt.I

48 Grants to voluntary organisations.E+W

(1)A scheme for the making of grants to eligible voluntary organisations may be made for Greater London or a metropolitan county by the constituent councils, that is to say—

(a)in relation to Greater London, the London borough councils and the Common Council; and

(b)in relation to a metropolitan county, the councils of the metropolitan districts comprised in the county.

(2)Any such scheme shall provide—

(a)for the grants to be made by one of the constituent councils designated for that purpose by the scheme; and

(b)for the other constituent councils to contribute as provided by subsection (3) below to the expenditure incurred by the designated council in making the grants or otherwise in discharging its functions under the scheme.

(3)The constituent councils shall be required to contribute to any expenditure of the designated council which has been incurred with the approval of at least two-thirds of the constituent councils; and the amounts of the contributions shall be determined so that the expenditure in respect of which they are payable is borne by the constituent councils in proportion to the populations of their respective areas.

(4)For the purposes of subsection (3) above the population of any area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to such date as the Secretary of State may from time to time determine.

[F60(4A)The Secretary of State may by order provide that if—

(a)a scheme requires the total expenditure to be incurred under the scheme in any financial year—

(i)in the making of grants; and

(ii)in the discharging by the designated council of its functions under the scheme,

to be approved in accordance with the scheme by some or all of the constituent councils; and

(b)the total expenditure to be incurred in any financial year is not approved as required by the scheme before such date as may be specified in relation to that financial year in the order,

the constituent councils shall be deemed, subject to any order which has been or may be made under subsection (5) below, all to have given their approval for that financial year to total expenditure of an amount equal to the amount that was approved or, as the case may be, deemed to have been approved for the preceding financial year.]

(5)The total expenditure incurred under a scheme by a designated council in Greater London or a metropolitan county in any financial year (including the amounts recoverable under the scheme from other councils) shall not exceed such amount as is for the time being prescribed for that area by an order made by the Secretary of State.

(6)A scheme shall not provide for the making of grants before the beginning of the financial year after that in which the scheme is made and shall continue in force until the end of at least two financial years after that in which it is made.

(7)A scheme may, in the absence of agreement between all the constituent councils, be made by a majority of those councils so as to be binding on all of them; but a council shall not be designated by a scheme except with its consent.

(8)A scheme may contain such supplementary provisions as the councils making the scheme think necessary or expedient and, subject to subsection (6) above, may be revoked by those councils (or, in the absence of agreement between all of them, by a majority of those councils) with effect from the end of any financial year after that in which the decision to revoke the scheme is made.

(9)The council designated by a scheme may by giving not less than twelve months notice to the other constituent councils withdraw its consent to act as designated council with effect from the end of any financial year not earlier than the second financial year after that in which the scheme was made; and in that event the scheme shall terminate when the withdrawal takes effect.

(10)Each constituent council in Greater London or a metropolitan county shall exercise its functions under this section, and under any scheme made under this section, with due regard to the needs of the whole of Greater London or that county, as the case may be, and each scheme shall provide for those needs to be kept under review.

(11)In this section “voluntary organisation” means a body the activities of which are carried on otherwise than for profit but does not include any public or local authority and “eligible voluntary organisation” means, in relation to Greater London or a metropolitan county, a voluntary organisation whose activities will directly or indirectly benefit either the whole of Greater London or that county or any part of it extending beyond the area of any particular constituent council.

(12)The powers conferred by this section shall not be regarded as restricting those conferred by section 137 of the principal Act (power to incur expenditure for purposes not authorised by any other enactment) and accordingly the reference to any other enactment in subsection (1) of that section shall not include a reference to this section.

F61(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F60S. 48(4A) inserted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s.105 (with s. 118(1)(2)(4))

F6249 Grants by residuary bodies.E+W

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Amendments (Textual)

Part VIE+W Staff

F6250Functions of staff commission.E+W

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Amendments (Textual)

Modifications etc. (not altering text)

C26S. 50 amended by S.I. 1985/1383, art. 6

F6251 Remuneration of employees.E+W

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Amendments (Textual)

52Power to transfer staff.E+W

(1)This section applies to any person who—

(a)immediately before the abolition date is in the service of the Greater London Council or a metropolitan county council (in this section referred to as his “employing council”) under a contract of employment which would have continued but for the abolition of that council; and

(b)is designated for the purposes of this section by an order made by the Secretary of State.

(2)The contract of employment between a person to whom this section applies and his employing council shall not be terminated by the abolition of that council but shall have effect from the abolition date as if originally made between him and such successor authority (“the new employer”) as may be specified in relation to that person by the order designating him for the purposes of this section.

(3)Without prejudice to subsection (2) above—

(a)all the employing council’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred on the abolition date to the new employer; and

(b)anything done before the abolition date by or in relation to the employing council in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

(4)Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right shall arise by reason only of the change of employer effected by this section.

(5)An order under this section may designate a person either individually or as a member of a class or description of employees.

(6)In this section “successor authority” means a London borough council, the Common Council, a metropolitan district council, a new authority and any other body to which functions or property of the Greater London Council or a metropolitan county council are transferred by or under this Act or any other enactment.

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Modifications etc. (not altering text)

C27S. 52 amended by S.I. 1986/399, arts. 1, 4

53 Compensation for loss of office or diminution of emoluments.E+W

(1)This section applies to any person who at any time after the passing of this Act is in the service of—

(a)the Greater London Council or the council of a metropolitan county, metropolitan district or London borough or the Common Council; or

(b)a new authority or a residuary body,

and suffers loss of employment or loss or diminution of emoluments which is attributable to any provision made by or under this Act.

(2)Compensation in respect of any such loss or diminution suffered by a person to whom this section applies shall, subject to subsection (3) below, be paid only in accordance with regulations made for the purposes of this section under section 24 of the M15Superannuation Act 1972; and accordingly none of the councils, authorities or bodies mentioned in subsection (1) above shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

(3)Subsection (2) above shall not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 2nd March 1984.

(4)Regulations under the said section 24 shall not provide compensation for a person to whom this section applies in respect of any such loss or diminution as is mentioned in subsection (1) above so far as attributable to the termination on or before the abolition date of a contract made after 1st March 1984 which provides for the employment of that person for a fixed term extending beyond the abolition date.

F63(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F64. . . nothing in this section shall be construed as affecting any entitlement to F64. . . any payment by virtue of any provision of the M16Superannuation Act 1972 other than the said section 24.

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Amendments (Textual)

F63S. 53(5) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F64Words in s. 53(6) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Modifications etc. (not altering text)

C28S. 53 amended by S.I. 1985/1884, art. 6

C29S. 53 modified by S.I. 1986/399, arts. 1, 5

Marginal Citations

54Continuity of employment in certain cases of voluntary transfer.E+W

(1)This section applies to a person who at any time after the passing of this Act ceases to be employed by a relevant authority (his “former employer”) if—

(a)the termination of his employment is attributable to any provision made by or under this Act;

(b)he is subsequently employed by another person (his “new employer”); and

(c)by virtue of section 84, 94 or 95 of the M17Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act.

(2)Where this section applies to a person [F65Chapter 1 of Part XIV of the Employment Rights Act 1996] (computation of period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—

(a)the period of employment of that person with his former employer shall count as a period of employment with his new employer; and

(b)the change of employer shall not break the continuity of the period of employment.

(3)Where this section applies to a person the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.

(4)The relevant authorities for the purposes of this section are the same as those for the purposes specified in section 50(3) above.

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Amendments (Textual)

F65Words in s. 54(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 26(2) (with ss. 191-195, 202)

Modifications etc. (not altering text)

C30S. 54 amended by S.I. 1986/399, arts. 1, 6

Marginal Citations

F6655Offers of employment by successor authorities.E+W

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Amendments (Textual)

F66S. 55 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F6756 Information as to local government manpower.E+W

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Amendments (Textual)

Part VIIE+W Residuary Bodies

57 Establishment of residuary bodies.E+W

F68(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Schedule 13 to this Act shall have effect with respect to each residuary body.

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Amendments (Textual)

F68S. 57(1)-(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

58 Repayment of loans.E+W

(1)Except so far as otherwise provided by any provision made under this Act, all the rights and liabilities of the Greater London Council or a metropolitan county council on the abolition date in respect of money borrowed by that council shall on that date become rights and liabilities of the appropriate residuary body and those liabilities (both as respects principal and interest) shall be charged on the revenues of that body.

(2)For the purpose of providing a residuary body with money to discharge those liabilities each relevant authority shall on the abolition date be deemed to have borrowed from the appropriate residuary body such sum as may be specified by or determined in accordance with an order made by the Secretary of State; and that sum shall be deemed to have been borrowed on such terms as to repayment and the payment of interest as may be so specified.

(3)Without prejudice to its borrowing powers by virtue of Part VIII below, a residuary body may borrow money for the purpose of discharging any liabilities to which it is subject under subsection (1) above and a relevant authority may, during the period within which it is required to discharge its liabilities in respect of principal under subsection (2) above, borrow money for the purpose of discharging its liabilities under that subsection.

(4)In this section “relevant authority” means—

(a)as respects Greater London, each rating authority in Greater London and the authorities established by sections 18 and 27 above;

(b)as respects a metropolitan county, each rating authority in the county and any joint authority in relation to which such an authority is a constituent council.

(5)In subsection (1) above the reference to money borrowed by a council includes a reference to any money borrowed by any other authority whose rights and liabilities in respect of that money have been transferred to that council.

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Modifications etc. (not altering text)

C31S. 58(1) excluded by S.I. 1986/553, art. 3(1), and 1986/563, art. 3(1)

F6959 Redundancy and compensation payments.E+W

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Amendments (Textual)

F69S. 59 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

60Payment of pensions.E+W

(1)Except so far as otherwise provided by regulations made before the abolition date under section 7 of the M18Superannuation Act 1972 (local government superannuation) all the functions of the Greater London Council or a metropolitan county council as administering authority under the regulations then in force under that section shall on that date become functions of the appropriate residuary body and the superannuation fund maintained by that council, together with all rights and liabilities in respect of it, shall on that date vest in that body.

(2)Subject to subsection (3) below, all liabilities of the Greater London Council or a metropolitan county council in respect of pensions payable by it otherwise than under such regulations as aforesaid shall on the abolition date become liabilities of the appropriate residuary body.

(3)Subsection (2) above does not apply to liabilities which by virtue of any provisions made under this Act become liabilities of a police or [F70fire and rescue authority] established by Part IV of this Act.

(4)Any pension granted on or after the abolition date under [F71paragraph 2 of Schedule 1 to the Coroners Act 1988] by a metropolitan district council shall be paid by the appropriate residuary body but the sums required for paying the pension shall be reimbursed to that body—

(a)if that council is not designated under section 13(3)(b) above, by that council; and

(b)if that council is so designated, by that and the other councils in the coroner’s district in question in such proportions as they may agree or, in default of agreement, as may be determined by the Secretary of State.

(5)In subsection (2) above references to pensions include references to allowances, grants or other benefits in respect of past service, death, injury or disease (whether of the pensioner or another person) and any such compensation as is mentioned in section 8(1)(b) of the M19Pensions (Increase) Act 1971.

(6)As from the abolition date section 58(2)(c) of the Justices of the M20Peace Act 1979 shall be amended by substituting for the words “the Greater London Council” the words “the London Residuary Body”.

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Amendments (Textual)

F70Words in s. 60(3) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 60; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Modifications etc. (not altering text)

C32S. 60 modified by S.I. 1986/96, art. 2(1)(2)

Marginal Citations

61Payment of pensions increases.E+W

(1)As from the abolition date paragraphs 48 and 49 of Schedule 2 to the Pensions (Increase) Act 1971 shall be amended by substituting for the words “the Greater London Council” the words “the London Residuary Body”.

(2)At the end of Part II of that Schedule (pensions payable out of local funds) there shall be inserted—

64AA pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.

64BA pension payable by such a residuary body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the authorities abolished by that Act.

(3)In paragraph 1(5) of Schedule 3 to that Act (cases where increase of pension is to be reimbursed by the last employing authority) for the words “and 63” there shall be substituted the words “, 63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64B.”

(4)The appropriate residuary body shall pay—

(a)any increase which by virtue of regulations under section 5(2) of the said Act of 1971 would have been payable on or after the abolition date by the Greater London Council or a metropolitan county council; and

(b)any payment which is analogous to a pensions increase and would have been payable as aforesaid by virtue of regulations under section 13(3) of that Act.

(5)Notwithstanding subsection (3) above or anything in any such regulations as are mentioned in subsection (4)(a) above no liability to reimburse a residuary body in respect of any payment made by virtue of this section shall attach to the Secretary of State, the Arts Council of Great Britain or the Historic Buildings and Monuments Commission for England.

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Modifications etc. (not altering text)

C33S. 61 modified by S.I. 1986/96, art. 2(1)(2)

C34S. 61(5) modified by S.I. 1989/1815, art. 7(8)

62Custody of residuary property etc.E+W

(1)On the abolition date there shall vest in the appropriate residuary body all residuary property, rights and liabilities of the Greater London Council or a metropolitan county council.

(2)In subsection (1) above “residuary property, rights and liabilities” means any property for the vesting of which provision is not otherwise made by or under this Act or any other enactment and, subject to subsection (3) below, any rights and liabilities which are not transferred, extinguished or otherwise dealt with by any provision made as aforesaid.

(3)This section shall not be construed—

(a)as continuing in force any contract of employment made by the Greater London Council or a metropolitan county council; or

(b)as imposing any liability on a residuary body in respect of the termination of any such contract by the abolition of that council;

but the rights and liabilities to which this section applies shall include any rights and liabilities attributable to anything done or omitted under or in respect of such a contract before the abolition date except any liability to make a payment prohibited by section 53(2) above.

(4)The Secretary of State may by order confer on a residuary body any statutory functions which before the abolition date were exercisable by the Greater London Council or a metropolitan county council, being functions exercisable by that council in relation to any property, rights or liabilities which are vested in that body by this section or by any other provision made by or under this Act or any other enactment.

(5)An order under subsection (4) above may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions amending any enactment or any instrument made under any enactment.

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Modifications etc. (not altering text)

C35S. 62 extended by S.I. 1986/399, arts. 1, 8

F7263 Preparation of final accounts.E+W

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Amendments (Textual)

F7264 Commutation of smallholdings and housing payments.E+W

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Amendments (Textual)

F7265 Directions.E+W

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Amendments (Textual)

66 Discharge of certain residuary functions by designated councils.E+W

(1)The Secretary of State may by an order made on the application of the councils of the districts in a metropolitan county make provision whereby any rights, liabilities, property or functions which by virtue of section 58, 60 or 61 above would otherwise be vested in or fall to be discharged by the residuary body established for that county are vested in or discharged by one of those councils (a “designated council”) instead of that body.

(2)An order under subsection (1) above may modify or supplement any of the provisions of the sections mentioned in that subsection; and any such order may in particular—

(a)require the designated council to keep such accounts and establish such funds as may be specified in the order;

(b)provide for any deficit or surplus in any such account or fund to be recovered from or distributed among the councils on whose application the order is made; and

(c)in the case of an order relating to section 58, impose on the designated council liabilities corresponding to those to which it would have been subject under subsection (2) of that section.

(3)References in this section to the functions falling to be discharged by virtue of section 61 do not include those exercisable by virtue of the paragraph 64A inserted by subsection (2) of that section.

67 Winding up of residuary bodies.E+W

(1)Except as respects any of its functions for the discharge of which provision will be or is likely to be required after the end of the period of five years beginning with the abolition date, it shall be the duty of each residuary body to use its best endeavours to secure that its work is completed as soon as practicable and in any event by the end of that period; and each residuary body shall—

(a)as respects any such functions, any property held by that body for the purposes of any such functions and any rights or liabilities of that body which will or are likely to subsist for longer than that period, make such arrangements as are practicable for their transfer to another body or bodies or submit proposals to the Secretary of State for effecting such transfers by orders made by him in that behalf.

(b)not later than the end of the period of four years beginning with the abolition date, submit to the Secretary of State a scheme for the winding up of the residuary body and the disposal of its remaining functions, property, rights and liabilities so far as not dealt with in pursuance of paragraph (a) above.

(2)A residuary body may at any time before the end of the period mentioned in subsection (1)(b) above submit proposals to the Secretary of State for the transfer of any property of that body to a local authority or to a new authority.

(3)The Secretary of State may by order provide for any such transfer or disposal as is mentioned in subsection (1) or (2) above, whether as proposed by the residuary body or otherwise, and for giving effect (with or without modifications) to any scheme submitted to him under subsection (1) above; and, without prejudice to the generality of that power, any such order may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions amending any enactment or any instrument made under any enactment or establishing new bodies corporate to receive any functions, property, rights or liabilities transferred by the order.

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Modifications etc. (not altering text)

C38S. 67(2) amended by S.I. 1985/1884, art. 6

Part VIIIE+W Financial Provisions

New authoritiesE+W

F7368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F73S. 68 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

F7469 Block grant.E+W

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

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Amendments (Textual)

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75E+W

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Amendments (Textual)

72 Accounts and audit.E+W

(1)Each new authority shall keep a fund to be known as the general fund; and all receipts of the authority shall be carried to that fund and all liabilities falling to be discharged by the authority shall be discharged out of that fund.

(2)Accounts shall be kept of receipts carried to, and payments made out of, the general fund.

F76(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Nothing in subsection (1) above shall be construed as requiring or authorising an authority to apply or dispose of the surplus revenue arising from any undertaking carried on by it otherwise than in accordance with any enactment or instrument applicable to the undertaking.

[F77(5)Any reference in this section to a new authority includes a reference to—

(a)[F78the London Fire and Emergency Planning Authority;]

[F78the London Fire Commissioner;]

(b)a sub-national transport body established under section 102E of the Local Transport Act 2008;

(c)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]

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Amendments (Textual)

F76S. 72(3) repealed (11.9.1988) by 1998 c.18, ss. 54(3), 55(2), Sch. 5

F77S. 72(5) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 7

F78S. 72(5)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 71

Modifications etc. (not altering text)

C39S. 72(1)(2)(4) amended by S.I. 1985/1884, art. 9(1)

C40S. 72(1)(2)(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(g)

73 Financial administration.E+W

[F79(1)] Each new authority shall make arrangements for the proper administration of its financial affairs and shall secure that one of its officers has responsibility for the administration of those affairs.

[F80(2)The reference in this section to a new authority includes a reference to [F81

(a)a sub-national transport body established under section 102E of the Local Transport Act 2008;

(b)]a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]

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Amendments (Textual)

F81Words in s. 73(2) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 8

Modifications etc. (not altering text)

C41S. 73 amended by S.I. 1985/1884, art. 9(1)

C43S. 73 modified by S.I. 1989/1815, art. 2(2), Sch. 1 para. 9 (as inserted by S.I. 1990/198, art. 2)

Residuary bodiesE+W

F8274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F82S. 74 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83E+W

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Amendments (Textual)

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84E+W

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Amendments (Textual)

77 Treatment and distribution of capital and other money.E+W

(1)The Secretary of State may by order provide—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(b)for the payment by a residuary body to [F86any authority to which this subsection applies] of such part (if any) of any capital money received by that body as is specified in the order.

(2)Subsection (1) above applies to any [F87billing authority] in the area for which the residuary body in question is established and to any new authority established for (or for an area which includes or is included in) that area.

(3)An order under subsection (1) above may—

(a)apply only to capital money of a particular description or make different provision in relation to capital money of different descriptions;

(b)apply only to some of the authorities to which that subsection applies or make different provision in relation to different authorities; . . . F88

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

(4)A residuary body may in any financial year distribute among [F87the billing authorities] in the area for which it is established any money (other than capital money) for the time being in the hands of that body; and any such distribution shall be in the same proportions as those that would apply to a levy made by it on those authorities in respect of that year.

(5)In this section “capital money” means money of such description as may be specified for the purposes of this section by an order made by the Secretary of State [F87and references in this section to a billing authority shall be construed as references to an authority, other than the Council of the Isles of Scilly, which is a billing authority for the purposes of Part I of the Local Government Finance Act 1992.].

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Amendments (Textual)

F86Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 26

F87Words in s. 77(2)(4)(5) substituted (1.4.1993) by S.I. 1993/616, art. 3, Sch. 2 Pt. I para. 5.

F88S. 77(3)(c) and word immediately preceding it repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Modifications etc. (not altering text)

C44S. 77 amended by S.I. 1985/1884, art. 9(1)

F8978 Accounts.E+W

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Amendments (Textual)

F89S. 78 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F9079 Audit.E+W

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

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Amendments (Textual)

Modifications etc. (not altering text)

C47S. 79: certain functions transferred by S.I 1991/517, arts. 2(d), 3(a)

C48S. 79: certain functions transferred by S.I. 1989/814, art. 11(a)

C49S. 79: certain functions transferred by S.I. 1989/1359, reg. 11(a)

C50S. 79: certain functions transferred by S.I. 1989/2470, art. 12(a)

Transitional provisionsE+W

F9180 Transitional provisions relating to block grant and expenditure levels.E+W

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

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Amendments (Textual)

F9281 Transitional functions of residuary bodies in respect of block grant.E+W

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Amendments (Textual)

F92S. 81 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

F9382 Transitional provisions for interim authorities.E+W

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Amendments (Textual)

London rate equalisationE+W

F9483 London rate equalisation schemes.E+W

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Amendments (Textual)

Part IXE+W Miscellaneous and Supplementary

84 Application of local authority provisions to new authorities.E+W

(1)The principal Act shall have effect with the amendments specified in Part I of Schedule 14 to this Act, and the other enactments specified in Part II of that Schedule shall have effect with the amendments there specified, being amendments for applying those enactments in relation to the new authorities.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

(3)This section has effect in relation to a joint authority from the day on which it is established.

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Amendments (Textual)

Modifications etc. (not altering text)

F9685 Exercise of functions by new authorities in initial period.E+W

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Amendments (Textual)

F9786 First meetings of new authorities.E+W

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Amendments (Textual)

87 Local and personal Bills.E+W

(1)Subject to subsections (2) and (3) below, a local Bill promoted in Parliament by the council of a London borough may include provisions requested by the council of another London borough; and a local Bill promoted as aforesaid by the council of a metropolitan district may include provisions requested by the council of another metropolitan district in the same county.

(2)Subsection (1) above applies only if the council making the request passes a resolution approving the provisions in question and that resolution—

(a)is passed by a majority of the whole number of the members of the council at a meeting of the council held after thirty clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the council, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the council; and

(b)is confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament.

(3)Where a resolution of a council is not confirmed as required by subsection (2)(b) above, the council shall give notice of that fact to the council promoting the Bill who shall take all necessary steps for the omission from the Bill of the provisions to which the resolution relates or, if those provisions were requested also by other councils [F98,or by the Greater London Authority under section 78 of the Greater London Authority Act 1999,] of those provisions so far as relating to the council whose resolution has not been confirmed.

(4)A council which in accordance with this section requests the inclusion of provisions in a Bill promoted by another council may contribute towards the expenses of the other council in connection with the Bill.

(5)In this section references to the council of a London borough include references to the Common Council.

F99(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F98Words in s. 87(3) inserted (3.7.2000) by 1999 c. 29, ss. 78(8), 425(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

88 Research and collection of information.E+W

(1)A scheme may be made for Greater London or a metropolitan county by the constituent councils whereby one of those councils designated by the scheme has the function of—

(a)carrying out, or assisting in carrying out, investigations into, and the collection of information relating to, any matters concerning that area or any part of it; and

(b)making, or assisting in making, arrangements whereby any such information and the results of any such investigation are made available to any other local authority in that area, any government department or the public.

(2)Any such scheme shall require the other constituent councils to contribute as provided by subsection (3) below to the expenditure incurred by the designated council in carrying out its functions under the scheme.

(3)The constituent councils shall be required to contribute to any expenditure of the designated council which has been incurred with the approval of at least two-thirds of the constituent councils; and the amounts of the contributions shall be determined so that the expenditure in respect of which they are payable is borne by the constituent councils in proportion to the populations of their respective areas.

(4)For the purposes of subsection (3) above the population of any area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to such date as the Secretary of State may from time to time determine.

(5)A scheme may provide that, if two-thirds of the constituent councils so decide, the designated council may require all or any of the constituent councils other than the designated council to carry out in respect of their respective areas an investigation into, or the collection of information relating to, any specified matter concerning the area covered by the scheme or any part of it; and where such a requirement is imposed on a council—

(a)that council shall comply with the requirement in such manner and within such time as may be specified in the requirement; and

(b)if that council fails to comply with the requirement the designated council may itself do what was required and recover the cost of doing it from that council.

(6)The expenditure which is to be borne as mentioned in subsection (3) above shall not include—

(a)any expenditure of the designated council which is recoverable by virtue of paragraph (b) of subsection (5) above; or

(b)if a requirement is imposed by virtue of that subsection on all the constituent councils other than the designated council, any expenditure incurred by that council in doing in respect of its own area what it has required the other councils to do in respect of their areas.

(7)Any information collected by the designated council, and the results of any investigation carried out by it, in the exercise of its functions under the scheme shall be made available, on request, to each of the other constituent councils.

(8)A scheme shall not come into force before the abolition date but shall continue in force until the end of at least two financial years after that in which it is made.

(9)A scheme may, in the absence of agreement between all the constituent councils, be made by a majority of those councils so as to be binding on all of them; but a council shall not be designated by a scheme except with its consent.

(10)A scheme may contain such supplementary provisions as the councils making the scheme think necessary or expedient and, subject to subsection (8) above, may be revoked by those councils (or, in the absence of agreement between all of them, by a majority of those councils) with effect from the end of any financial year after that in which the decision to revoke the scheme is made.

(11)The council designated by a scheme may by giving not less than twelve months notice to the other constituent councils withdraw its consent to act as the designated council with effect from the end of any financial year not earlier than the second financial year after that in which the scheme was made; and in that event the scheme shall terminate when the withdrawal takes effect.

(12)For the purposes of this section the constituent councils are—

(a)in relation to Greater London, the London borough councils and the Common Council; and

(b)in relation to a metropolitan county, the councils of the metropolitan districts comprised in the county.

(13)Whether or not a scheme is made under this section a London borough council, the Common Council and a metropolitan district council shall have power to exercise any of the functions described in subsection (1)(a) and (b) above.

(14)The appropriate Minister with respect to any matter may require any such council as is mentioned in subsection (13) above to provide him with any information with respect to that matter which is in the possession of, or available to, that council in consequence of the exercise of any powers conferred by or under any enactment.

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Modifications etc. (not altering text)

89 GLC housing transfer orders and nomination rights.E+W

(1)The Secretary of State may by order amend or revoke any order made under section 23 of the M21London Government Act 1963 (transfer of GLC housing land) so far as it confers rights which are exercisable on or after the abolition date or imposes liabilities which fall to be discharged on or after that date; and an order under this subsection may in particular have effect so as to—

(a)extinguish rights and liabilities to receive or make payments or transfer such rights or liabilities to the London Residuary Body;

(b)extinguish rights to nominate tenants for housing accommodation; and

(c)extinguish liabilities to carry out works.

(2)The Secretary of State may by an order or orders taking effect on the abolition date—

(a)confer on himself, in respect of housing accommodation transferred by orders under the said section 23, rights of nomination which correspond to those conferred by those orders on the Greater London Council but with such modifications as to their duration and the matters to be taken into account in their exercise as he thinks fit; and

(b)transfer to himself any other rights of the Greater London Council to nominate tenants for housing accommodation belonging to other authorities or bodies.

(3)The Secretary of State may delegate, with or without restrictions, to any other authority, body or person the exercise of any rights conferred on or transferred to him by an order under subsection (2) above (and accordingly such an authority, body or person may take any action necessary for the enforcement of those rights).

(4)Where any rights transferred under subsection (2)(b) above were acquired by the Greater London Council in consideration of payments by that Council, any liability in respect of such payments which is outstanding on the abolition date and any liability to make such payments on or after that date shall become liabilities of the London Residuary Body.

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Marginal Citations

90 Charities.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101, the Secretary of State may by order make such provision in relation to any charity as appears to him to be necessary or expedient in consequence of the abolition of the Greater London Council or the council of a metropolitan county, including provision for transferring to any person any property, rights, liabilities or functions relating to the charity which are vested in that council or in the holder of any office connected with that council, and provision for terminating any such rights, liabilities or functions.

(3)Nothing in this section shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity.

(4)In this section “charity”, “charitable purposes” and “charity trustees” have the same meaning as in [F102the Charities Act 1993].

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Amendments (Textual)

F102Words in s. 90(4) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6, para. 30.

F10391 Control of financial and other assistance to local authorities by GLC and metropolitan county councils.E+W

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Amendments (Textual)

F10392 Control of liabilities affecting successor authorities.E+W

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Amendments (Textual)

F10393 Control of disposals and contracts.E+W

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Amendments (Textual)

94 The Temples.E+W

(1)Subject to subsection (2) below, Her Majesty may at any time, whether before or after the abolition date, by an Order in Council coming into force not earlier than that date provide that any functions exercisable as respects a London borough by the council of that borough shall be exercisable—

(a)as respects both the Temples by the Common Council; or

(b)as respects the Inner Temple by its Sub-Treasurer and as respects the Middle Temple by its Under Treasurer.

(2)Subsection (1) above does not apply to any functions for the exercise of which as respects the Temples specific provision is made elsewhere in this Act or by or under any other enactment.

(3)An Order under this section may make such incidental, consequential, transitional or supplementary provision as appears to Her Majesty to be necessary or proper for the purposes or in consequence of any of the provisions of the Order, including provision—

(a)applying to the Inner Temple or the Middle Temple any enactment relating to the functions in question which is contained in this Act or in any Act passed before or in the same Session as this Act;

(b)modifying or repealing any such enactment in its application to the Inner Temple or the Middle Temple; or

(c)excluding the application of any such enactment to the Inner Temple or the Middle Temple.

(4)Any expenses incurred by the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple under this Act or any enactment applied to the Temples by or under this Act may be defrayed out of a rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be.

F10495 Co-ordinating committees of successor councils.E+W

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Amendments (Textual)

F10496 Information for implementation of Act.E+W

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Amendments (Textual)

F10497 Other provisions for implementation of Act.E+W

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Amendments (Textual)

98Continuity of exercise of functions.E+W

(1)The abolition of the Greater London Council and the metropolitan county councils shall not affect the validity of anything done by any of those councils before the abolition date.

(2)Anything which at the abolition date is in process of being done by or in relation to any of those councils in the exercise of or in connection with any statutory functions which by virtue of any provision made by or under this Act becomes functions of another authority, or of other authorities in respect of their respective areas, may be continued by or in relation to the authority (“the successor authority”) by which those functions become exercisable or, as the case may be, become exercisable in respect of the area in question.

(3)Where immediately before the abolition date any statutory functions exercisable by any of those councils are exercisable concurrently by another authority, or by other authorities in respect of their respective areas, subsection (2) above shall have effect as if those functions had by virtue of this Act become functions of that other authority or of those other authorities in respect of their respective areas.

(4)Anything done by or in relation to any of those councils before the abolition date in the exercise of or in connection with any functions to which subsection (2) above applies shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the successor authority.

(5)Subsection (4) above applies in particular to—

(a)any decision, determination, declaration, designation, agreement or instrument made by a council;

(b)any regulations or byelaws made by a council;

(c)any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to a council;

(d)any notice, direction or certificate given by or to a council;

(e)any application, request, proposal or objection made by or to a council;

(f)any condition or requirement imposed by or on a council;

(g)any fee paid by or to a council;

(h)any appeal allowed by or in favour of or against a council;

(i)any proceedings instituted by or against a council.

(6)Any reference in the foregoing provisions of this section to anything done by or in relation to a council includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to that council.

(7)Any reference to a council in any document constituting or relating to anything to which the foregoing provisions of this section apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the successor authority.

(8)Any question under this section as to which is the successor authority in respect of any particular functions may be determined by a direction given by the Secretary of State.

(9)The foregoing provisions of this section are without prejudice to any provision made by this Act in relation to any particular functions and shall not be construed as continuing in force any contract of employment made by any of the councils mentioned in subsection (1) above; and the Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the foregoing provisions of this section or make such other transitional provision as he thinks necessary or expedient.

(10)The foregoing provisions of this section shall apply in relation to the authority abolished by section 25(6) above as they apply in relation to the councils mentioned in subsection (1) above.

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Modifications etc. (not altering text)

C63S. 98 extended by London Building Act 1930 (c.clviii), s. 120 (as substituted by S.I. 1986/452, art. 3, Sch. 2 para. 3(j))

C64S. 98(2) excluded by S.I. 1985/1781, art. 3(1)

C65S. 98(2) modified by S.I. 1986/148, art. 23(2)

C66S. 98(3) excluded by S.I. 1985/1781, art. 3(1)

C67S. 98(4) modified by S.I. 1985/1341, art. 3, 1985/1781, art. 3(2) and 1986/148, art. 23(2)

C68S. 98(5)–(8) modified by S.I. 1985/1781, art. 3(2) and 1986/148, art. 23(2)

F10599 Disqualification of justices.E+W

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Amendments (Textual)

100 Transfer of property, rights and liabilities.E+W

(1)The Secretary of State may by an order or orders made at any time before the abolition date provide for the transfer on that date to any local authority, new authority or residuary body or to any other person, including any Minister of the Crown, of any property, rights or liabilities of the Greater London Council or a metropolitan county council which, if not transferred under this section, would vest in accordance with section 62 above.

(2)Any transfer under this section and any transfer of property by or under any other provision of this Act may be on such terms, including financial terms, as the Secretary of State thinks fit and the Secretary of State may by order create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient.

(3)The Secretary of State may by order confer on any person to whom property is transferred by the order or by or under any other provision of this Act any statutory functions which before the abolition date were exercisable in relation to that property by the Greater London Council or a metropolitan county council.

(4)Without prejudice to subsections (2) and (3) above, any order under this section and any other order under this Act by which property is transferred may include such incidental consequential and supplementary provisions as appear to the Secretary of State to be necessary or expedient.

101 Power to make incidental, consequential, and transitional provisions.E+W

(1)The Secretary of State may at any time by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient—

(a)for the general purposes or any particular purposes of this Act or in consequence of any of its provisions or for giving full effect to it; or

(b)in consequence of such of the provisions of any other Act passed in the same Session as this Act [F106or the Housing Act 1988] as apply to any area or authority affected by this Act.

(2)An order under this section may in particular make provision—

(a)for enabling any authority or body by whom any powers will become exercisable on the abolition date by virtue of any provision made by or under this Act to take before that date any steps (such as the undertaking of consultations, the giving of notices or the consideration of objections) which are required to be taken as a preliminary to the exercise of those powers;

(b)for the making before the abolition date of arrangements for securing the satisfactory operation from that date of any provision made by or under this Act and for defraying the cost of any such arrangements;

(c)for amending, repealing or revoking (with or without savings) any provision of an Act passed, or an instrument under an Act made, before the abolition date, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act;

(d)with respect to the membership of any body so far as consisting of persons elected by, or appointed by or on the nomination of, the Greater London Council or a metropolitan county council, whether alone or together with one or more other bodies;

(e)for dissolving any body corporate established by any Act passed, or by any instrument under an Act made, before the abolition date.

(3)The amendments that may be made under subsection (2)(c) above—

(a)shall be in addition and without prejudice to those made by any other provision of this Act; and

(b)shall, in particular, include amendments in consequence of functions under provisions applying to Greater London or a metropolitan county becoming exercisable in their respective areas by the councils of London boroughs or metropolitan districts or by the Common Council.

(4)No other provision of this Act shall be construed as prejudicing the generality of the powers conferred by this section.

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Amendments (Textual)

102 Consequential amendments and repeals.E+W

(1)The enactments mentioned in Schedule 16 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act.

(2)The enactments mentioned in Schedule 17 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(3)This section has effect from the abolition date.

(4)Subsection (2) above does not affect any orders made before the abolition date under section 23, 83 or 87 of the M22London Government Act 1963.

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Marginal Citations

103 Orders etc.E+W

(1)Any power of the Secretary of State to make orders, regulations or rules under this Act shall be exercisable by statutory instrument and may be exercised so as to make different provision for different cases, including different provision for different areas.

(2)A statutory instrument containing regulations or, subject to subsection (3) below, an order under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Subsection (2) above does not apply to an order under section 13, 15, 18, 23, 42, 51 or 57 above or under paragraph 10 of Schedule 5 to this Act.

(4)A statutory instrument containing an order under section 13(9) above shall be laid before each House of Parliament after being made.

(5)No order shall be made under section 42 above unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(6)Any power conferred on the Secretary of State by section 11(2), 98(8), 100 and 101 above may also be exercised by any appropriate Minister.

104 Expenses.E+W

There shall be paid out of moneys provided by Parliament—

(a)any expenses of any Minister under this Act; and

(b)any increase attributable to this Act in the sums payable out of such moneys under any other Act.

105 Interpretation.E+W

(1)In this Act—

  • the abolition date” has the meaning given in section 1(2) above;

  • contract of employment”, “employee” and “employer” have the same meaning as in [F107the Employment Rights Act 1996];

  • joint authority” means any authority established by Part IV of this Act;

  • new authority” means any authority established by Part III or IV of this Act;

  • the principal Act” means the M23Local Government Act 1972;

  • residuary body” means a body established by Part VII of this Act and “the appropriate residuary body” has the meaning given in section 57(2) above;

  • statutory functions” means functions conferred by an enactment or a statutory instrument.

(2)In this Act any expression which is also used in the principal Act has the same meaning as in that Act.

(3)Any provision of this Act enabling a power to be exercised or anything else to be done before the abolition date so as to take effect on or after that date is without prejudice to section 13 of the M24Interpretation Act 1978 (anticipatory exercise of powers).

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Amendments (Textual)

F107Words in definition in s. 105(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 26(3) (with ss. 191-195, 202)

Marginal Citations

106 Short title and extent.E+W

(1)This Act may be cited as the Local Government Act 1985.

(2)Any amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland has the same extent as that enactment but, save as aforesaid, this Act extends to England and Wales only.

SCHEDULES

F108F108SCHEDULE 1E+W

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Amendments (Textual)

Section 6

SCHEDULE 2E+W+S+N.I. Listed Buildings, Conservation Areas and Ancient Monuments

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

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Amendments (Textual)

Ancient monumentsE+W+S+N.I.

2(1)The M25Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows.E+W+S+N.I.

(2)In section 33—

(a)after subsection (2) there shall be inserted—

(2A)The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act.; and

(b)in subsection (3), after the words “local authority”, there shall be inserted the words “or by the Commission”.

(3)At the end of section 34(3) there shall be inserted the words “; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission.”

(4)In Schedule 2, at the end of paragraph 15, there shall be inserted—

Designation orders by the CommissionE+W+S+N.I.

15AParagraphs 8, 9, 10 to 13, 14(a) and (b) and 15 above shall have effect in relation to a designation order made by the Commission as if—

(a)in paragraphs 8(1), 12, 13 and 15 the references to a local authority were a reference to the Commission;

(b)in paragraphs 9 and 14 the first reference to a local authority were a reference to the Commission, and the word “other” were omitted; and

(c)in paragraph 11—

(i)in sub-paragraph (a) the words in brackets were omitted; and

(ii)in sub-paragraph (b) the reference to the local authority proposing to make the order were a reference to the Commission, and the word “other” were omitted.

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Marginal Citations

Other functionsE+W

3(1)The Historic Buildings and Monuments Commission for England (in this paragraph and paragraph 4 below referred to as “the Commission”) may—E+W

(a)acquire by agreement any building or place of historical or architectural interest in Greater London;

(b)undertake, or contribute towards, the cost of preserving, maintaining and managing any such building or place;

(c)acquire by agreement any work of art;

(d)agree with any person for the production by that person of a work of art for acquisition by the Commission;

(e)erect and maintain, or contribute towards the provision, erection and maintenance of, any work of art in any place in Greater London.

(2)For the purpose of providing for the accommodation, exhibition and preservation of works of art or objects of historical, antiquarian or other public interest which may for the time being be in the possession of the Commission by virtue of any gift, loan or discovery, or by virtue of this Act, the Commission may adapt, furnish and maintain any premises given to and for the time being vested in it for the purposes of this sub-paragraph.

(3)The Commission may let any building vested in it for the purposes of sub-paragraph (2) above on such terms and conditions as to payment or otherwise as it thinks fit and may make charges for admission to any such building which may for the time being be under its management and control.

(4)The Commission may in the case of any building in Greater London cause investigations to be made, and information to be published, with respect to the history of the building.

4The Commission may in Greater London, and a London borough council may in its borough—

(a)provide; and

(b)on any conspicuous part of a house, building or place, with the consent of its owner, erect,

a commemorative plaque, tablet or sign indicating an event or matter of public interest in connection with the house, building or place or its site, and may in that area, with the like consent, maintain any such plaque, tablet or sign erected by it or by any other person or body, whether before or after the passing of this Act.

Section 7.

SCHEDULE 3E+W+S+N.I. National Parks and Countryside Functions

Byelaws for country parks etc.E+W

1The land in respect of which a metropolitan district council, London borough council or the Common Council may make byelaws under section 41 of the M26Countryside Act 1968 shall include any land in the area of the council in respect of which byelaws have been, or could have been, made under that section before the abolition date by a metropolitan county council or the Greater London Council.

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Marginal Citations

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

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Amendments (Textual)

Functions of local planning authorities in National ParksE+W+S+N.I.

3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111E+W+S+N.I.

(2)In section 184(1) of that Act after the words “elsewhere than” there shall be inserted the words “in the metropolitan counties,”.

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Amendments (Textual)

F1124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

5(1)Schedule 17 to the said Act of 1972 shall be amended as follows.E+W

F113(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F114(9)Paragraph 35 shall have effect in relation to any area—

(a)which is in a metropolitan district; and

(b)to which subsections (1) and (2) of section 61 of the National Parks and Access to the Countryside Act 1949 do not apply at the abolition date by virtue of subsection (3) of that section, as if the reference to the county council were a reference to the council of that metropolitan district.]

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Amendments (Textual)

F113Sch. 3 para. 5(2)-(8) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Grants for expenditure on National ParksE+W

F1156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Other powers relating to nature conservation, the countryside and the National ParksE+W+S+N.I.

7(1)The M27Wildlife and Countryside Act 1981 shall be amended as follows.E+W

(2)In section 34(6) for the definition of “the relevant authority” there shall be substituted—

the relevant authority” means—

(a)in relation to a non-metropolitan county, the county planning authority and, in relation to any other area in England, the local planning authority;

(b)in relation to Scotland, the authority exercising district planning functions.

F116(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In sections F117. . . 43, F117. . . and 51(2)(c) for the words “county planning authority”, wherever they occur, there shall be substituted the words “local planning authority”.

(5)In section 52(2) for the words from the beginning to the end of paragraph (b) there shall be substituted the words

In the application of this Part to England (except as respects a metropolitan county or Greater London) and to Wales references to a local planning authority shall be construed—

(a)in sections 42, 43, 44 and 51(2)(c) as references to a county planning authority; and

(b)in any other provision, as references to a county planning authority and a district planning authority;

(6)In section 66(1) for the definition of “surveying authority” there shall be substituted—

surveying authority”, in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.

(7)In section 72(10) after the words “a county council” there shall be inserted the words “or metropolitan district council”.

(8)In the definition of “local authority” in paragraph 5(1) of Schedule 14 and paragraph 13(2) of Schedule 15 for the words “a district council, the Greater London Council” there shall be substituted the words “a non-metropolitan district council”.

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Amendments (Textual)

Marginal Citations

Section 8.

SCHEDULE 4E+W+S+N.I. Highways

Part I E+W+S+N.I. Amendments of the Highways Act 1980

1In section 1—

(a)in subsection (2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”, and after that word in the second place where it occurs there shall be inserted the words “or, as the case may be, the district”;

(b)in subsection (3) for the words from the beginning to “the council” there shall be substituted the words “The council”; and

(c)in subsection (4), after the word “county”, there shall be inserted the words “or, as the case may be, the metropolitan district”.

2In section 2, in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (b) for the words from “the” in the second place where it occurs to the end of the paragraph there shall be substituted the words “the council of the borough,”.

3In section 4(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

4In section 6—

(a)in subsection (1)—

(i)for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”; and

(ii)the words after “below” shall be omitted;

(b)after that subsection there shall be inserted—

(1A)The Minister shall not delegate functions to a council under subsection (1) above—

(a)with respect to a trunk road or land outside their area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b)with respect to a trunk road or land outside their area but within a metropolitan district except after consultation with the council of that district.

(c)in subsection (5) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”;

(d)in subsection (6) the words after “arrangements” in the third place where it occurs shall be omitted; and

(e)after that subsection there shall be inserted—

(6A)No arrangements shall be entered into under subsection (6) above for the carrying out by a district council of any functions—

(a)with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b)with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.

5At the end of section 8(4) there shall be inserted “; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county adjoin each other.”.

F1186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7In sections 31(7), 36(6), 40, 172(1), 188(1), 190(1), 191(1) and (3), 192(1) and (3), 193(1) and (2), 194(1) and (2), 195(3), 197(2) and (3), 198, 199 and 200(2) and (3), after the word “county”, there shall be inserted the words “, metropolitan district”.

8In section 34, after the words “county council,” there shall be inserted the words “a metropolitan district council,”.

9In section 35, in subsections (1)(a) and (b) and 3(d) and (e) before the word “district”, and in subsection (7) before the word “district” in the first two places where it occurs, there shall be inserted the word “non-metropolitan”.

10In section 39, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

11In section 42(1) and (3), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

12In section 43(2), before the word “district”, there shall be inserted the word “non-metropolitan”.

13In section 45—

(a)in subsections (4) and (6) for the word “county” there shall be substituted the words “non-metropolitan county, metropolitan district”;

(b)in subsections (7) and (8) for the word “county” there shall be substituted the words “non-metropolitan county or metropolitan district”; and

(c)in subsection (12), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

14In section 50, in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

15In section 61, before the word “district” in each place where it occurs there shall be inserted the word “non-metropolitan”.

16In section 64(5) for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”.

17In section 66(6), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”.

18In section 79(3), before the word “district” there shall be inserted the word “non-metropolitan”.

19In sections 80(4), 195(1)(b), 254(2)(b) and 271(1)(ii) and paragraph 1 of Schedule 15 after the word “county”, there shall be inserted the words “or metropolitan district”.

20In section 95(1), in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (c) for the words “any other” there shall be substituted the word “a”.

21At the end of section 100(6) there shall be inserted “; and where the highway authority are a metropolitan district council they shall, before so exercising any powers under that Act, give such notice to the water authority within whose area the powers are proposed to be exercised.”.

22In section 114(1), (3) and (4), after the words “county council” there shall be inserted the words “or metropolitan district council”.

23In section 115H, in subsection (1) for the words “subsections (2) and (3)” there shall be substituted the words “subsection (3)”; and in subsection (3) for the words from the beginning to “as” there shall be substituted

Subsection (1) above shall have effect in relation to a highway—

(a)to which this Part of this Act applies; and

(b)in relation to which there is no pedestrian planning order in force, as

24In section 116—

(a)in subsection (1) for the word “appropriate” there shall be substituted the word “highway”; and

(b)for paragraph (a) of subsection (3) there shall be substituted—

(a)if the highway is in a non-metropolitan district, the council of that district; and

25In sections . . . F119 143(1)(a), 146(2)(a) and (5)(b), 147(1)(a), F120. . . and 175, before the word “district”, there shall be inserted the word “non-metropolitan”.

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Amendments (Textual)

26In section 151(1)(a) for the words after “also” there shall be substituted the words “, if the street is situated in a non-metropolitan district, the council of that district; and”.

27In section 154(1)(b) for the words after “also” there shall be substituted the words “, if the highway is situated in a non-metropolitan district, the council of that district;”.

F12128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F12229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F12330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F123Sch. 4 para. 30 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V, (with s. 84(5)); S.I. 1991/2067, art.3

F12431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F124Sch. 4 para. 31 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V, (with s. 84(5)); S.I. 1991/2067, art.3

F12532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F125Sch. 4 para. 32 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V, (with s. 84(5)); S.I. 1991/2067, art.3

33In section 203(3) in the definition of “street works authority” after the word “county”, there shall be inserted the words “or metropolitan district”.

34In sections 205(5) and 210(2) for the words after “also” there shall be substituted the words “, in the case of a street situated in a non-metropolitan district, at the offices of the council of that district.”.

35In sections 220(2) and 223(6), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

36In section 230(7), after the word “concerned”, there shall be inserted the words “is situated in a non-metropolitan district and”.

37In section 263(5), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

38In section 264—

(a)in subsection (1), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”;

(b)for subsection (2) there shall be substituted—

(2)The drains belonging to a highway—

(a)which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and

(b)which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,

vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.

(c)in subsection (3)—

(i)in paragraph (a), before the word “district”, there shall be inserted the word “non-metropolitan”;

(ii)in paragraph (c) for the words “or the Greater London Council” there shall be substituted the words “, metropolitan district council or London borough council or the Common Council”.

39In section 285—

(a)in subsection (1) for the words from “either” to “are” in the first place where it occurs there shall be substituted the words “the Minister of Transport, after consultation with the highway authority, is”, and in paragraph (b) of that subsection for the word “are” in both places where it occurs there shall be substituted the word “is”;

(b)in subsection (4) for the words “or the Council execute or propose” there shall be substituted the words “executes or proposes”;

(c)in subsection (5) for the words “or the Council execute” there shall be substituted the word “executes”; and

(d)in subsection (6) for the words “or the Council proceed” there shall be substituted the word “proceeds”.

40In section 298(1), before the word “district”, there shall be inserted the word “non-metropolitan”.

41In section 330(1), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”.

42In paragraph 1 of Schedule 7, before the words “district council”, there shall be inserted the word “non-metropolitan”.

43In paragraph 1(d) of Schedule 12 for the words from “road” to “is” there shall be substituted the words “road in a non-metropolitan district, to the district council, and if the highway is a classified road”.

44In paragraph 1 of Schedule 23 for the words “they have” there shall be substituted the words “it has”.

Part II E+W+S+N.I. Amendments of Other Enactments

F12645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F126Sch. 4 para. 45 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 1.

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

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Amendments (Textual)

F12847. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F12948. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F129Sch. 4 para. 48 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1.

49In section 5(1) of the M28Parish Councils Act 1957, in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

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Marginal Citations

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

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Amendments (Textual)

51In section 19(1) of the M29Land Compensation Act 1973—

(a)at the end of paragraph (a) of the definition of “the appropriate highway authority”, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985”; and

(b)at the end of paragraph (b) of that definition, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of that Act”.

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Marginal Citations

Part III E+W Supplementary Provisions

52Where by virtue of this Act the functions of a highway authority are transferred to other highway authorities any rights of the transferor authority under section 82(2) of the M30Public Health Act 1961 shall become rights of each of the transferee authorities affected by the local Act in question.

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Marginal Citations

F13153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

54(1)Where a bridge carries a highway for which the Secretary of State is not the highway authority and part of the bridge is situated in one metropolitan district and part in another in the same county, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those districts as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.E+W

(2)Where a bridge carries a highway to which this sub-paragraph applies and part of the bridge is situated in one London borough and part in another, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those boroughs as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

(3)Sub-paragraph (2) above applies to a highway which—

(a)immediately before the abolition date is a metropolitan road; and

(b)does not on that date become a trunk road by virtue of an order under paragraph 53(2) above.

(4)Where the Secretary of State has made a determination under sub-paragraph (1) or (2) above, the determination—

(a)may be varied at the request of either of the councils concerned; and

(b)shall be varied to give effect to any request made jointly to the Secretary of State by both those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(5)In sub-paragraph (2) above references to a London borough include references to the City and references to the council of a London borough include references to the Common Council; and in sub-paragraph (4) above references to councils shall be construed accordingly.

(6)Without prejudice to section 3(3) of the M31Highways Act 1980, where a bridge carries a highway for which the Secretary of State is not the highway authority and sub-paragraphs (1) and (2) above do not apply, but some part of one or more of the approaches to the bridge lies in a metropolitan district or London borough different from that in which the bridge itself is situated, the highway authority for the whole of that approach or those approaches is the council of the metropolitan district or London borough in which the bridge is situated.

(7)For the purposes of this paragraph, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

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Marginal Citations

55In the foregoing provisions of this Part of this Schedule “bridge”, “highway”, “proposed highway” and “trunk road” have the same meaning as in the Highways Act 1980 and “metropolitan road” has the meaning which, but for the provisions of this Act, it would continue to have in that Act.

56(1)Subject to the following provisions of this paragraph—E+W

(a)any agreement made between the Secretary of State or the Minister of Transport and a metropolitan county council under subsection (1) or (5) of section 6 of the Highways Act 1980, and

(b)any arrangements made by a metropolitan county council with a district council under subsection (6) of that section,

shall, if subsisting immediately before the abolition date, cease to have effect on that date; and where any such agreement ceases to have effect under this sub-paragraph anything done before the abolition date by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to the Secretary of State.

(2)Subject to sub-paragraph (4) below, the Secretary of State may by order provide that any such agreement specified in the order shall have effect as from the abolition date as an agreement between the Secretary of State and a metropolitan district council or non-metropolitan county council specified in the order (a “successor council”) or as two or more separate agreements, each being between the Secretary of State and a successor council.

(3)An order under this paragraph in respect of an agreement may—

(a)provide that anything done by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to any successor council or councils;

(b)modify or exclude any term of the agreement in relation to any successor council or councils;

(c)make provision in respect of any arrangements made by the metropolitan county council under section 6(6) of the said Act of 1980 in relation to the agreement;

(d)include such other incidental, consequential, transitional or supplementary provision as appear to the Secretary of State to be necessary or expedient.

(4)All rights of a metropolitan county council arising from or in connection with any such agreement as is mentioned in sub-paragraph (1) above to receive payments from the Secretary of State and all liabilities of such a council arising as aforesaid to make payments to him (being rights and liabilities attributable to anything done or omitted under or in respect of any such agreement before the abolition date) shall be transferred on that date to the appropriate residuary body; and accordingly as from that date any such agreement shall have effect as respects such rights and liabilities as an agreement between the Secretary of State and the appropriate residuary body.

57The Secretary of State may by order provide that any agreement specified in the order and made before the abolition date between him and a metropolitan county council in pursuance of regulation 14 of the M32Noise Insulation Regulations 1975 (local authorities as agents of highway authorities) shall cease to have effect on that date.

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Marginal Citations

Section 8.

SCHEDULE 5E+W+S+N.I. Road Traffic

Part I E+W+S+N.I. Amendments of Enactments

The Chronically Sick and Disabled Persons Act 1970E+W+S+N.I.

1In section 21(8) of the Chronically Sick and Disabled Persons Act 1970, after the word “county”, there shall be inserted the words “or metropolitan district”.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

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Amendments (Textual)

The Public Passenger Vehicles Act 1981E+W+S+N.I.

3(1)The Public Passenger Vehicles Act 1981 shall be amended as follows.E+W+S+N.I.

(2)In section 5(3)(b) for the words “and Wales county councils and the Greater London Council” there shall be substituted the words “non-metropolitan county councils, in Wales county councils”.

(3)For section 31(4)(a) there shall be substituted—

(a)in metropolitan counties, metropolitan county passenger transport authorities;

(4)In section 38(8), in the definition of “local authority”, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

(5)In section 40(2)(c)(i), before the word “district”, there shall be inserted the word “non-metropolitan”.

(6)In section 47(7) in the definition of “local authority”, for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

(7)In Schedule 1, in paragraph 2(2)(a), for the words “the Greater London Council or a county council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

(8)In Schedule 4, in paragraphs 2(1)(b) and 4(b), before the word “district” there shall be inserted the word “non-metropolitan”.

The Road Traffic Regulation Act 1984E+W+S+N.I.

4(1)The Road Traffic Regulation Act 1984 shall be amended as follows.E+W+S

F133(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 6—

F133(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for subsection (3)(a) there shall be substituted—

(a)to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;.

(4)In section 9(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “the Council” in each place where they occur there shall be substituted the words “the council”.

(5)In section 10(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “that Council” there shall be substituted the words “that council”.

(6)In section 12—

(a)in subsection (1) for the words “the Greater London Council” and “that Council” there shall be substituted the words “the local authority” and “that authority” respectively;

F133(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (3) for the words “the Council’s” and “the Council” there shall be substituted the words “the local authority’s” and “the authority” respectively;

(d)in subsection (6) for the words “the Greater London Council” there shall be substituted the words “the local authority”; and

(e)for subsection (10) there shall be substituted—

(10)In this section—

  • the commissioner of police”, in relation to the metropolitan police district, means the commissioner of police of the metropolis and, in relation to the City of London, means the commissioner of police for the City of London; and

  • local authority” means the council of a London borough or the Common Council of the City of London.

F134(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In section 26—

(a)in subsection (2)(a), after the word “county”, there shall be inserted the words “or metropolitan district”;

(b)in subsection (4)(a), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and for the words “or in the” there shall be substituted the words “, metropolitan district or”; and

(c)in subsection (5)(a) for the words “as respects places in the county” there shall be substituted the words “or metropolitan district as respects places in the county or district”.

F133(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)In section 31(2) for the words after “confirmation” there shall be substituted the words “by the Secretary of State”.

(14)In section 36(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

F133(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)In section 39—

(a)in subsection (3), after the words “district council”, there shall be inserted the words “, other than a metropolitan district council,”;

(b)in subsection (4)—

(i)after “32” there shall be inserted “or 35”;

(ii)before the word “district” in the second place where it occurs there shall be inserted the word “non-metropolitan”; and

(iii)the words “or Wales” shall be omitted; and

(c)in subsection (6), after the words “district council” in the first place where they occur, there shall be inserted the words “, other than a metropolitan district council,”.

(17)In section 43—

(a)in subsection (1) for the words “the Council”, in both places where they occur, there shall be substituted the words “the local authority”;

(b)in subsection (6) for the words “the Council” there shall be substituted the words “a local authority”, and the words “comprised within the area of a particular local authority” in paragraph (a) and the words after paragraph (c) shall be omitted;

(c)in subsection (13) for the words “the Council” there shall be substituted the words “the local authority”;

(d)in subsection (14) the definitions of “the Common Council” and “the Council” shall be omitted, and for the definition of “local authority” there shall be substituted—

local authority” means the council of a London borough or the Common Council of the City of London;; and

(e)in subsection (15) for the words “the Council” there shall be substituted the words “a local authority”, and after the word “designated” there shall be inserted the words “by the local authority”.

(18)In section 44—

(a)in subsection (1) for paragraph (a) there shall be substituted—

(a)in English counties, by the county council or metropolitan district council, and in Welsh counties, by the county council; and

(b)in subsection (3) for paragraph (b) there shall be substituted—

(b)may in relation to non-metropolitan counties in England and counties in Wales provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;

(19)In section 45—

F133(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (7)(a), after the word “county”, there shall be inserted the words “, metropolitan district”.

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

(22)In section 55(4)(c) for the words “any county council, to the Greater London Council” there shall be substituted the words “the council of any county, metropolitan district or London borough or to the Common Council of the City of London”.

(23)In section 58(1), in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

(24)In section 59—

(a)in subsection (1), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and after the words “county council” there shall be inserted the words “or metropolitan district council”.

(b)in subsection (2)—

(i)in paragraph (a), after the words “the county council” in the first place where they occur, there shall be inserted the words “or metropolitan district council”, and for the words “the county council” in the second place where they occur there shall be substituted the words “that council”;

(ii)in paragraph (b) for the words “send a copy of that application” there shall be substituted the words “in the case of an application to a county council, send a copy of it”; and

(iii)before the words “the county council” in the third place where they occur there shall be inserted the words “, in that case,”;

(c)in subsection (4), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”;

(d)in subsection (5), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

(e)in subsection (6), after the words “county council” in each place where they occur, there shall be inserted the words “or metropolitan district council”; and

(f)in subsection (7), after the words “county council”, there shall be inserted the words “or metropolitan district council”.

(25)In section 61(1) for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

(26)In section 73—

(a)for subsection (1) there shall be substituted—

(1)In connection with any order under section 6 or 9 of this Act made or proposed by them, the council of a London borough and the Common Council of the City of London may, as respects any road in their area which is not a trunk road affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to the council.; and

(b)in subsection (2) for the words from “Greater London” to “Council” there shall be substituted the words “their area which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the council of a London borough and of the Common Council of the City of London”.

(27)In section 74(1) for the words “Greater London” there shall be substituted the words “their area”, and the words “the Greater London Council or” and “, as the case may be,” shall be omitted.

(28)In section 78(2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”.

F133(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(30)For section 94 there shall be substituted—

94 Bollards and other obstructions in Greater London.

(1)Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State, he may, to such extent as he considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London which is not a trunk road—

(a)to place on the carriageway such bollards or other obstructions as the Secretary of State may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

(b)to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

(2)Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area which is not a trunk road and for which they are not the highway authority—

(a)to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

(b)to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

(3)Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above.

(4)To such extent as the Secretary of State or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of State or that council—

(a)the Secretary of State may do with respect to any trunk road anything which he might under subsection (1)(a) above require to be done with respect to any other road; and

(b)the council of the London borough may do with respect to any road in their area which is not a trunk road and for which they are the highway authority anything which they might under subsection (2)(a) above require to be done with respect to a road for which they are not the highway authority.

(5)If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of State or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of State or that council in doing so shall be recoverable summarily as a civil debt from that person.

(6)Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above.

(7)In this section references to the council of a London borough include references to the Common Council of the City of London.

(31)In section 100—

(a)in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”; and

(b)in subsection (5)(a) for the words “the Greater London Council or the council of a county” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

(32)In section 102(6) for the words from “by” in the first place where it occurs to “district” in the first place where it occurs there shall be substituted the words “by the council of a non-metropolitan district”.

F133(33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(34)In section 122(1) for the words “the Greater London Council and of every other” there shall be substituted the word “every”.

(35)In section 125(4), after the word “county”, there shall be inserted the words “metropolitan district,”.

F137(36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(38)In Schedule 4—

(a)in paragraph 1—

(i)for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”; and

(ii)the words from “and to each” to “controlled area” shall be omitted;

(b)in paragraphs 2 to 6 for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”;

(c)in paragraph 8 for the words “Greater London” there shall be substituted the words “their area”;

(d)in paragraphs 15, 19 and 20(a) for the words “the Council” there shall be substituted the words “the local authority”.

(39)In Schedule 9—

(a)for paragraph 1 there shall be substituted—

1Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an “authorised authority”) may give to that authority a direction under paragraph 2 below with respect to any of those provisions.

(b)in paragraph 4, for the words “the Greater London Council” in sub-paragraph (a) there shall be substituted the words “the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act”, and the words “the Council or, as the case may be,” in that sub-paragraph and the words “Council or” in sub-paragraph (b) shall be omitted;

(c)in paragraph 5(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “Greater London” in both places where they occur there shall be substituted the words “their area”;

(d)in paragraph 6(1)(c) for the number “50” in the first place where it occurs there shall be substituted the number “49”, and the words “, or on the application of,” and the words after “authority” shall be omitted.

(e)in paragraph 12(a), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

(f)in paragraph 13(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”;

(g)in paragraph 14 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and the number “50,” shall be omitted;

(h)in paragraph 20(1) for the words “the Greater London Council or any other” there shall be substituted the word “a”, and the number “50,” shall be omitted;

(i)in paragraph 21 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”; and

(j)in paragraph 23(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “that Council” in both places where they occur there shall be substituted the words “that council”.

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Amendments (Textual)

F133Sch. 5 para. 4(2)(3)(a)(6)(b)(8)(9)(11)(12)(15)(19)(a)(29)(33)(37) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1991/2288, art. 3, Sch.

F136Sch. 5 para. 4(21) repealed by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), ss. 3(1) 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

F138Part II E+W Supplementary Provisions Relating To Road Traffic

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Amendments (Textual)

F138Sch. 5 Pt. II repealed (so far as relating to Greater London) (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with s. 294(2)-(8), Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Designation of roads in Greater LondonE+W

F1395. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Guidance as to exercise of traffic powers in Greater London and metropolitan countiesE+W

6(1)For the purpose of ensuring that the exercise by a council in [F140Greater London or] a metropolitan county of the traffic powers specified below in relation to councils of its class does not have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of F140. . . that county, other than the area of that council, the Secretary of State may issue guidance as to the manner in which, in relation to roads [F141other than those for which he is the traffic authority]E+W

F142(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the councils of metropolitan districts should exercise their powers to make, vary or revoke orders under or by virtue of sections 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 of that Act.

(2)Before issuing any such guidance the Secretary of State shall consult—

(a)the chief officers of police for the areas to which the guidance relates; [F143and]

F143(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F144. . . the council of a metropolitan district shall, before exercising any power specified in sub-paragraph (1)(b) above—

(a)have regard to any guidance issued to it under this paragraph;

(b)have regard to any direct effect which the proposed exercise would have on traffic or any class of traffic—

(i)on a [F145road for which the Secretary of State is the traffic authority]; or

(ii)on any other road in the area of another local authority;

(c)if the proposed exercise would have such an effect, consult the Secretary of State in the case of a [F146road for which he is the traffic authority], or the other local authority in the case of any other road; and

(d)comply with procedures prescribed by regulations made by the Secretary of State.

(4)Where the council of a F147. . . metropolitan district takes any action which, in the opinion of the Secretary of State—

(a)is contrary to any guidance issued to the council under this paragraph; and

(b)has or is likely to have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of F147. . . that county, other than the area of that council,

the Secretary of State may, after consulting the council, direct it to take such steps within a period specified by him as may be necessary to conform with that guidance.

(5)If, in the opinion of the Secretary of State, a council fails to comply with a direction under sub-paragraph (4) above, he may exercise any of its powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from the council [F148as a debt due to the Crown].

(6)Where, in the opinion of the Secretary of State—

(a)the council of a F149. . . metropolitan district fails to act in accordance with any guidance issued to it under this paragraph; and

(b)that failure has or is likely to have such an adverse effect as is mentioned in sub-paragraph (4)(b) above,

the Secretary of State, after consulting the council, may exercise any of its powers for the purpose of conforming with that guidance; and any expenses reasonably incurred by him in doing so (including any expenses reasonably incurred in maintaining any traffic signs placed, or in continuing or maintaining any works commenced, by virtue of this sub-paragraph) shall be recoverable by him from the council summarily as a civil debt.

F150(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F143Sch. 5 para. 6(2)(b) and the word “and” immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Procedures and objectionsE+W

7(1)The power of the Secretary of State to make regulations under paragraph 21 or 23 of Schedule 9 to the 1984 Act (procedure as to certain orders) shall include power to make regulations for the purpose of sub-paragraph (3) of paragraph 6 above; and any such regulations for that purpose shall include provision by which a local authority required to be consulted under that sub-paragraph in connection with a proposed exercise of power may object to that exercise.E+W

(2)Where such a local authority objects in accordance with regulations under the said paragraph 21 or 23 to a proposed exercise of power by the council of a F151. . . metropolitan district, that council shall notify the Secretary of State of its proposal and of the objection, unless either of them is withdrawn, and shall give him such particulars of them as he may require.

(3)Upon receipt of a notification under sub-paragraph (2) above, the Secretary of State shall determine whether the proposal in question should be abandoned or implemented, with or without modifications; and the council making the proposal shall comply with any such determination.

(4)To assist him in making a determination the Secretary of State may consult such persons or bodies as he thinks fit and may hold an inquiry; and the provisions of section 129(1) to (3) of the 1984 Act shall apply in relation to an inquiry held under this paragraph as they apply to an inquiry held under that Act.

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Amendments (Textual)

Application of Part VI of Schedule 9 to the 1984 ActE+W

8Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order made by the Secretary of State by virtue of paragraph 6(5) or (6) above and falling within paragraph 34(1) of that Part as it applies to an order made by him by virtue of paragraph 3 of Part I of that Schedule.

SupplementaryE+W

9In exercising any power under or by virtue of paragraph 6 or 7 above in relation to a council the Secretary of State shall have regard to the duty of that council under section 122 of the 1984 Act; and in the event of any conflict between that duty and any provision of those paragraphs, that provision shall prevail.

Reserve powers of the Secretary of State as to traffic control systems in Greater London and metropolitan countiesE+W

10(1)Where the Secretary of State is not satisfied in the case of F152. . . a metropolitan county that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of any system of traffic control which relates to two or more of those authorities, he may make an order under this paragraph.E+W

(2)An order under this paragraph may transfer to the Secretary of State such functions of the local authorities in question under that Part of that Act as he considers necessary to enable him to secure the control, management, development and extension of that system.

(3)The Secretary of State may delegate, with or without restrictions, the exercise of any function transferred to him under this paragraph to the local authority from which it was transferred.

(4)Before exercising any function transferred to him under this paragraph, the Secretary of State shall consult any local authority appearing to him to be likely to be affected unless it appears to him that the exercise of the function will only have a temporary effect on the system of traffic control in question; and any local authority from which a function has been so transferred shall consult the Secretary of State before exercising any function under the 1984 Act in any manner which may affect the exercise by the Secretary of State of any function so transferred.

(5)Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this paragraph may be recovered by him from the local authorities from which the functions were transferred in such proportions as may be agreed between the local authorities or, in default of agreement, as may be determined by him.

(6)A sum recoverable by the Secretary of State under sub-paragraph (5) above may be recovered by him [F153as a debt due to the Crown].

(7)The Secretary of State shall revoke an order made under this paragraph in relation to a system of traffic control in operation in F152. . . a metropolitan county if at any time he is satisfied that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of the system.

(8)An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provision amending any enactment or any instrument made under any enactment.

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Amendments (Textual)

InformationE+W

11The council of a F154. . . metropolitan district shall furnish the Secretary of State with such information as he may request for the purpose of exercising his powers under paragraphs 6(4), (5) and (6) and 10 above; and if any such information is not furnished by the council within a time specified by the Secretary of State, he may take such steps as he considers necessary or expedient to obtain the information himself and may recover from the council [F155as a debt due to the Crown] any expenses reasonably incurred by him in doing so.

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Amendments (Textual)

Transitional provisions concerning certain orders under the 1984 ActE+W

12(1)After the passing of this Act a metropolitan county council F156. . . shall obtain the consent of the Secretary of State before making any order to which this paragraph applies if an objection to the council’s proposal to make the order has been duly made by a successor authority (whether before or after the passing of this Act) and has not been withdrawn; and for the purposes of this provision an objection is not duly made unless it is made in accordance with regulations made or having effect as if made under paragraph 21 or, as the case may be, 23 of Schedule 9 to the 1984 Act.E+W

(2)The orders to which this paragraph applies are—

(a)in the case of a metropolitan county council those made under or by virtue of section 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) or (4), 53, 83(2) or 84 of the 1984 Act; [F157and]

F157(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this paragraph “successor authority” means—

F158(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a metropolitan county council, the council of a metropolitan district to which the order relates.

(4)In relation to any order to which Part VI of Schedule 9 to the 1984 Act (validity of orders) applies the requirements of this paragraph shall be included amongst the requirements which are the relevant requirements for the purposes of that Part.

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Amendments (Textual)

F157Sch. 5 para. 12(2)(b) and the word “and” immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F158Sch. 5 para. 12(3)(a) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423 Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

InterpretationE+W

13In this Part of this Schedule—

(a)the 1984 Act” means the M33Road Traffic Regulation Act 1984;

(b)parking place”, “traffic sign” and “road” have the meanings assigned to them respectively by sections 32(4)(b), 64(1) and 142(1) of the 1984 Act;

(c)local authority” means the council of a metropolitan district F159. . .; F160. . .

F160(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F160Sch. 5 para. 13(d) and the word “and” immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Marginal Citations

CommencementE+W

14Any power conferred on the Secretary of State by this Schedule may be exercised at any time after the passing of this Act so as to take effect on or after the abolition date.

Section 9.

SCHEDULE 6E+W+S+N.I. Waste Regulation and Disposal

The London Government Act 1963E+W+S+N.I.

1For paragraph 4 of Part II of Schedule 11 to the London Government Act 1963 there shall be substituted—

4Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be

The Local Government Act M341972E+W+S+N.I.

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Marginal Citations

2In Schedule 14 to the Local Government Act 1972—

(a)in paragraph 5, in sub-paragraph (1) for the words “in a county” there shall be substituted the words “in a non-metropolitan county” and in sub-paragraph (2) for the words “a county council” there shall be substituted the words “the council of a non-metropolitan county”;

(b)in paragraph 6(1) after the words “a local authority” there shall be inserted the words “in a non-metropolitan county”.

The Control of Pollution Act M351974E+W+S+N.I.

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Marginal Citations

3(1)The Control of Pollution Act 1974 shall be amended as follows.E+W+S+N.I.

(2)In sections 2(3)(a)(ii) and (4), 12(2), (6) and (8) and 13(4) for the words “English disposal authority” there shall be substituted the words “English county disposal authority”.

(3)In section 5(4)(a) for the words “and any collection authority” there shall be substituted the words “, and in the case of an English county disposal authority any collection authority,”.

(4)In section 11(3)(c) for the words “and collection authority” there shall be substituted the words “, and in the case of an English county disposal authority each collection authority,”.

(5)In section 30(1) in the definition of “English collection authority” for the words “of which the area is in England” there shall be substituted the words “of which the area is in the area of an English county disposal authority” and for the definitions of “disposal authority”, “English disposal authority” and “relevant disposal authority” there shall be substituted—

disposal authority” means the council of a county or metropolitan district in England, the council of a district in Wales, the council of a London borough and the Common Council of the City of London, ”English county disposal authority’ means the council of a county in England and ”relevant disposal authority’, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;

The Refuse Disposal (Amenity) Act M361978E+W+S+N.I.

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Marginal Citations

4(1)The Refuse Disposal (Amenity) Act 1978 shall be amended as follows.E+W+S+N.I.

(2)In section 1(7) for the definition of “local authority” there shall be substituted—

local authority” means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and

(3)In section 3(7) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

(4)For section 4(8) there shall be substituted—

(8)In this section ”local authority’ means, in relation to England, the council of a county, metropolitan district or London borough or the Common Council.

(5)In section 5(4) for the definition of ”the appropriate authority’ there shall be substituted—

  • the appropriate authority” means—

  • in the case of a vehicle removed in pursuance of section 3(1) above by a local authority in England other than the council of a non-metropolitan district, or by a local authority in Wales, the local authority; and

  • in the case of a vehicle so removed by the council of a non-metropolitan district in England, the county council; and

(6)In section 5(5)(b) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

The Litter Act M371983E+W+S+N.I.

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Marginal Citations

5(1)In subsection (1)(a) of section 4 of the Litter Act 1983 for the words “the council of each county” there shall be substituted the words “the council of each non-metropolitan county” and for subsection (2) of that section there shall be substituted—E+W+S+N.I.

(2)Subsection (1) above shall apply to a metropolitan county with the omission, as respects consultation, of references to the council of the county and as if the duty with respect to the statement mentioned in that subsection were a duty imposed jointly on the councils of the metropolitan districts comprised in the county; and that subsection shall apply to Greater London as if it were a county with the like omissions and as if that duty were imposed jointly on the councils of the London boroughs and the Common Council of the City of London.

(2)In section 6(1) of that Act after the words “A county council” there shall be inserted the words “and a metropolitan district council”.

Section 11.

F161SCHEDULE 7E+W+S+N.I. Land Drainage

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

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Amendments (Textual)

Section 16.

SCHEDULE 8E+W+S+N.I. Miscellaneous Functions

Public entertainmentsE+W+S+N.I.

1F162(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F163(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 21 of the M38Greater London Council (General Powers) Act 1966—

(a)in subsection (1) for the words “the Council” there shall be substituted the words “the borough council in whose borough the premises are situate”;

(b)in subsection (3)(a) the words “the Council” shall be omitted;

(c)for subsection (3)(b) there shall be substituted—

(4)In this section “borough council” includes the Common Council and “borough” shall be construed accordingly.,

F164...

(4)In section 5 of the M39Greater London Council (General Powers) Act 1978—

(a)in subsection (1) for the words “Greater London” and “the Council” there shall be substituted respectively the words “a borough” and “the borough council”;

(b)in subsection (4)(b) and (c) for the words “the Council”, wherever they occur, there shall be substituted the words “the borough council”;

(c)after subsection (4) there shall be inserted—

(5)In this section “borough” includes the City of London and “borough council” includes the Common Council.

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Amendments (Textual)

F163Sch. 8 para. 1(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1.

Marginal Citations

Private places of entertainmentE+W+S+N.I.

F1652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

TheatresE+W+S+N.I.

F1653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

CinemasE+W+S+N.I.

F1654. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Children’s entertainmentsE+W+S+N.I.

F1655. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Tracks for bettingE+W+S+N.I.

F1666. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F166Sch. 8 para. 6 repealed (1.9.2007) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Sports groundsE+W+S+N.I.

7(1)In the M40Safety of Sports Grounds Act 1975 the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case,” shall be inserted in sections 3(3) and 4(7) and (8) after the words “police and”, and those words shall also be inserted in sections 5(5), 10(4) and 11 before the words “the building authority”.E+W+S+N.I.

(2)In subsection (1) of section 17 of that Act for the definition of “building authority” there shall be substituted—

building authority” means—

(a)in England outside Greater London and the metropolitan counties, or in Wales, the district council;

(b)in Scotland, the local authority within the meaning of the Building (Scotland) Act 1959

(3)In that subsection for the definition of “local authority” there shall be substituted—

local authority” means—

(a)in Greater London, the London borough council or the Common Council of the City of London;

(b)in England, in the metropolitan counties, the district council;

(c)in England outside Greater London and the metropolitan counties, or in Wales, the county council;

(d)in Scotland, the regional or islands council;

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Marginal Citations

Town development and new towns E+W+S+N.I.

[F1678(1)In sections 4(1) and 10(3) of the M41Town Development Act 1952, for the words “the Greater London Council” there shall be substituted the words “London borough”.E+W+S+N.I.

(2)In section 7(b) of that Act for the words “Greater London Council” there shall be substituted the words “council of a London borough”.]

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Amendments (Textual)

Marginal Citations

9(1)In section 7(3) of the M42New Towns Act 1981—E+W+S+N.I.

(a)after the words “district planning authority shall” there shall be inserted the words “, in relation to proposals for development of land in a metropolitan county, be construed as references to the local planning authority; and”;

(b)after “1972” there shall be inserted the words “and which is of land in a non-metropolitan county”.

[F168(2)In section 45(a) of that Act, before the word “county” there shall be inserted the word “non-metropolitan”.]

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Amendments (Textual)

Marginal Citations

CommonsE+W+S+N.I.

10(1)In the first Schedule to the M43Metropolitan Commons Act 1866 for the first entry in the second column there shall be substituted “The council of the London borough within which the whole or part is situate or, where there are two or more boroughs within which parts are situate and the councils of those boroughs agree that one of them shall be the local authority in relation to the whole, that council.”.E+W+S+N.I.

(2)In section 2 of the M44Metropolitan Commons Act 1878 for the words from the beginning to “1855” there shall be substituted the words “A London borough shall, in respect of any common the whole or part of which is situate within the borough,”.

(3)In the Schedule to the M45Commonable Rights Compensation Act 1882 for the first entry in the second column there shall be substituted “The council of the London borough within which the land is situate”.

(4)In section 1(3) of the M46Commons Act 1908, after the word “county”, there shall be inserted the words “or metropolitan district”.

(5)In sections 193(1)(d)(ii) and 194(3)(b) of the M47Law of Property Act 1925, after the word “county”, there shall be inserted the words “or metropolitan district”.

F169(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F169Sch. 8 para. 10(6) repealed (1.10.2006 for E., 6.9.2007 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 6 Pt. 1 (with s. 60); S.I. 2006/2504, art. 2(h); S.I. 2007/2386, art. 3(p)

Marginal Citations

Gipsy encampmentsE+W+S+N.I.

11(1)In section 6 of the M48Caravan Sites Act 1968—E+W+S+N.I.

(a)in subsection (1) for the words “the council of a county or London borough” there shall be substituted the words “the council of a county, metropolitan district or London borough”;

(b)in subsection (2) for the words “metropolitan county” and “in each district in the county” there shall be substituted respectively the words “metropolitan district” and “the district”.

(2)In section 12 of that Act—

(a)in subsection (1) for the words “a county council or London borough council” there shall be substituted the words “the council of a county, metropolitan district or London borough”;

(b)after subsection (2) there shall be inserted—

(2A)Subject to subsection (3) below, the Minister may by order made on the joint application of two or more metropolitan district councils designate the area of those councils as an area to which section 10 of this Act applies.

(c)in subsection (3) for the words “subsection (1) or (2)” there shall be substituted the words “subsection (1), (2) or (2A)”; and

(d)in subsection (6) for the words “the London borough council” there shall be substituted the words “the metropolitan district council or councils or the London borough council”.

(3)In relation to an order made under the said section 12 before the abolition date on the application of a metropolitan county council the references in subsections (4) and (6) of that section to the authority or authorities which made the original application and the council for the area in respect of which an order is made shall be construed as references to the metropolitan district council or councils whose area or areas constitute or include the area designated by the order.

(4)Where by virtue of the M49Local Government Act 1972 a designation order made before 1st April 1974 under the said section 12 (and not revoked) relates to part only of the area of a metropolitan district, any order which is made on the application of the council of that district under subsection (1) or (2A) of that section shall be made to extend only to an area which does not include the area designated before that date.

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Marginal Citations

HousingE+W+S+N.I.

12(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170E+W+S+N.I.

(2)For section 23(4) of the M50London Government Act 1963 there shall be substituted—

(4)The Minister may at any time after 1st April 1965 require any London borough to submit to him a programme for any transfers of housing accommodation vested in that borough such as are mentioned in subsection (3)(b) of this section which they propose to make and have not yet made.

(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

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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)

F170Sch. 8 paras. 12(1)(3)–(5), 14(3) repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

Marginal Citations

Rent officersE+W+S+N.I.

13(1)In subsection (1) of section 62 of the M51Rent Act 1977 for the words after “Act” there shall be substituted the words are— E+W+S+N.I.

(a)counties;

(b)London boroughs; and

(c)the City of London.

(2)In subsection (2)(a) of that section the words “the area of the Common Council of” shall be omitted.

(3)At the end of section 63 of that Act there shall be inserted—

(9)In the case of a registration area which is a metropolitan county this section shall apply as if—

(a)the first reference to the local authority in subsection (1) were a reference to the council of each district in the county; and

(b)the second reference to the local authority in that subsection, the references to the local authority in subsection (2) and the reference to the local authority for whose area the scheme is made in subsection (3) were references to such one of the councils of the districts in that county as has been designated by the scheme.

(4)A scheme under the said section 63 as amended by sub-paragraph (3) above may be made at any time before the abolition date so as to come into operation on that date.

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Marginal Citations

Building controlE+W+S+N.I.

14(1)Subject to any building regulations made under section 1 of the M52Building Act 1984 (whether before or after the passing of this Act) with respect to any of them, the functions—E+W+S+N.I.

(a)of the Greater London Council under the London Building Acts 1930 to 1982 (including functions conferred on the Council by section 43 of the M53London Government Act 1963); and

(b)of district surveyors under those Acts,

shall, so far as they relate to Greater London other than the outer London boroughs, become functions of the councils of the inner London boroughs and the Common Council in respect of their respective areas.

(2)The functions conferred on the Greater London Council by section 43 of the said Act of 1963 shall, so far as they relate to the outer London boroughs, become functions of the councils of those boroughs in respect of their respective areas.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171

(4)In the M54Building Act 1984—

(a)in section 126 for the definition of “local authority” there shall be substituted—

local authority” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly;; and

(b)in Schedule 3—

(i)in paragraph 4 for the words “the Greater London Council and any other local authority” there shall be substituted the words “any local authority”;

(ii)in paragraph 10(1) for the words from the beginning to “inner London boroughs” there shall be substituted the words “The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough”; and

(iii)for paragraph 11 there shall be substituted—

11The council of an inner London borough shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories in connection with buildings (whenever erected) in the borough.

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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)

F171Sch. 8 paras. 12(1)(3)–(5), 14(3) repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

Marginal Citations

Trading standards and related functionsE+W+S+N.I.

15(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172E+W+S+N.I.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173

(3)In section 67(1) of the M55Agriculture Act 1970 after the words “the council of a county” there shall be inserted the words “, metropolitan district”.

(4)The councils of the districts in a metropolitan county shall, not later than 1st September 1985, establish a joint committee of members of those councils whose duty it shall be from the abolition date to co-ordinate—

(a)the exercise by those councils of the enforcement functions conferred on them by virtue of this paragraph [F174and section 69(1)(a) of the Weights and Measures Act 1985] with a view to securing uniformity in the exercise of those functions throughout the county; and

(b)the employment, provision or use by those councils for the purposes of those functions of staff, property and facilities.

(5)Each joint committee established by virtue of sub-paragraph (4) above shall before the abolition date co-ordinate the making by the councils represented on the committee of preparations for the transfer of the functions which by virtue of sub-paragraphs [F175(2) and (3) above and the said section 69(1)(a)] will be exercisable by those councils from that date.

(6)If after the abolition date it appears to the Secretary of State to be necessary or expedient to do so he may, after consultation with the councils of the districts in a metropolitan county, by order establish a single authority for the county to discharge from a date specified in the order the functions conferred on the councils by virtue of this paragraph [F176and the said section 69(1)(a)][F177or section 5(1) of the Food Safety Act 1990].

(7)An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any enactment or any instrument made under any enactment.

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Amendments (Textual)

Marginal Citations

PoisonsE+W+S+N.I.

16In section 11(2) of the M56Poisons Act 1972, in the definition of “local authority”, after the word “county” there shall be inserted the words “metropolitan district”.

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Marginal Citations

AnimalsE+W+S+N.I.

17In section 5 of the M57Performing Animals (Regulation) Act 1925—

(a)in subsection (1), in the definition of “local authority”—

(i)for the words “county borough” there shall be substituted the words “London borough”; and

(ii)for the words “other area, the council of the county” there shall be substituted the words “county or metropolitan district, the council of the county or district”; and

(b)in subsection (3) for the words after “defrayed” there shall be substituted the words “, in the case of the council of a county, out of the county fund, and in the case of the council of a metropolitan district or London borough, out of the general rate fund.”

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Marginal Citations

18In section 50(2) of the M58Animal Health Act 1981 for paragraph (b) there shall be substituted—

(b)as respects a non-metropolitan county, the county council,

(c)as respects a metropolitan district, the district council,

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Marginal Citations

FisheriesE+W+S+N.I.

F17819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F178Sch. 8 para. 19 repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

20In paragraph 5(b) of Schedule 3 to the M59Salmon and Freshwater Fisheries Act 1975 for the words “county council” there shall be substituted the words “county or metropolitan district council”.

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Marginal Citations

WeedsE+W+S+N.I.

21In section 5 of the M60Weeds Act 1959 after the word “county”, in both places where it occurs, there shall be inserted the words “or metropolitan district”.

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Marginal Citations

Archives and recordsE+W+S+N.I.

22(1)For section 2(6) of the M61Local Government (Records) Act 1962 there shall be substituted—E+W+S+N.I.

(6)Subsections (1) and (2) above apply to the council of every country, metropolitan district or London borough, to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985 and to the council of any non-metropolitan district specified in an order made in that behalf by the Secretary of State.

(2)In section 226 of the M62Local Government Act 1972—

(a)in subsection (4), before the word “London”, there shall be inserted the words “metropolitan district,”; and

(b)in subsection (5) for the words “Every county council” there shall be substituted the words “The council of every county or metropolitan district”, and after the word “meeting” in the first place where it occurs there shall be inserted the words “in their area”.

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Marginal Citations

Expenses of Commission for Local Administration in EnglandE+W+S+N.I.

23In paragraph 6 of Schedule 4 to the M63Local Government Act 1974 for the words “the Greater London Council” there shall be substituted the words “the councils of metropolitan districts and London boroughs, the Common Council of the City of London”.

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Marginal Citations

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F179

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Amendments (Textual)

Administrative functions transferred by Courts Act 1971E+W+S+N.I.

25Any functions which by virtue of paragraph 1 of Schedule 8 to the M64Courts Act 1971 are exercisable by, or by the clerk to, a metropolitan county council shall be exercisable respectively by the council, or the proper officer of the council, of each metropolitan district comprised in the county.

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Marginal Citations

Loan societiesF180F180E+W+S+N.I.

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Amendments (Textual)

F180Sch. 8 para. 26 repealed (19.11.1998) by virtue of 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 4

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mines and quarriesE+W+S+N.I.

27In section 11(3) of the M65Mines and Quarries (Tips) Act 1969 after the word “county” there shall be inserted the words “metropolitan district”.

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Marginal Citations

SCHEDULE 9E+W . . . F181

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Amendments (Textual)

SCHEDULE 10E+W NUMBER OF MEMBERS OF JOINT AUTHORITIES

[F182Part I]E+W

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Amendments (Textual)

F183Part IIE+W Greater Manchester

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Amendments (Textual)

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

Part IIIE+W Merseyside

Appointing bodyNumber of members of police authorityNumber of members of fire and civil defence authorityNumber of members of [F184Integrated Transport Authority]
Constituent councils:
Knowsley222
Liverpool666
St. Helens222
Sefton444
Wirral444
F185. . .F185. . .
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Amendments (Textual)

F185Words in Sch. 10 Pt. III Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part IVE+W South Yorkshire

Appointing bodyNumber of members of police authorityNumber of members of fire and civil defence authorityNumber of members of [F184Integrated Transport Authority]
Constituent councils:
Barnsley222
Doncaster333
Rotherham222
Sheffield555
F186. . .F186. . .
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Amendments (Textual)

F186Words in Sch. 10 Pt. IV Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part VE+W Tyne and Wear and Northumberland

Appointing bodyNumber of members of police authorityNumber of members of fire and civil defence authorityNumber of members of [F184Integrated Transport Authority]
Constituent councils:
Gateshead333
Newcastle upon Tyne444
North Tyneside2 [F1873] [F1883]
South Tyneside222
Sunderland444
Northumberland4
F189. . .
F189. . .F189. . .
F189. . .F189. . .
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Amendments (Textual)

F189Words in Sch. 10 Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part VIE+W West Midlands

Appointing bodyNumber of members of police authorityNumber of members of fire and civil defence authorityNumber of members of [F184Integrated Transport Authority]
Constituent councils:
Birmingham10 [F1904] [F1911]
Coventry3 [F1922][F1911]
Dudley3 [F1932][F1911]
Sandwell3 [F1942][F1911]
Solihull2 [F1951][F1911]
Walsall3 [F1962][F1911]
Wolverhampton3 [F1972][F1911]
F198. . .F198. . .
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Amendments (Textual)

F198Words in Sch. 10 Pt. 6 Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part IIIE+W West Yorkshire

Appointing bodyNumber of members of police authorityNumber of members of fire and civil defence authorityNumber of members of [F184Integrated Transport Authority]
Constituent councils:
Bradford555
Calderdale222
Kirklees444
Leeds888
Wakefield333
F199. . .F199. . .
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Amendments (Textual)

F199Words in columns 1, 2 in the table in the Part of Sch. 10 following Part VI and headed “Part III West Yorkshire” repealed (1.4.1995) by virtue of 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4.

Section 37.

SCHEDULE 11E+W+S+N.I. Police and Fire Services

PoliceE+W+S+N.I.

F2001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Fire servicesE+W

2F201(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F202(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 4 of the said Act of 1947 for the words “the council of every county” there shall be substituted the words “the council of every non-metropolitan county”.

(4)In the M66Metropolitan Fire Brigade Act 1865 the references to the Metropolitan Board of Works (which, by virtue of section 48(3) of the M67London Government Act 1963, are to be construed as references to the Greater London Council) shall be construed as references to [F203the [F204London Fire and Emergency Planning Authority]] [F203the London Fire Commissioner] .

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Amendments (Textual)

F201Sch. 11 para. 2(1) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F202Sch. 11 para. 2(2) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F203Words in Sch. 11 para. 2(4) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 72

F204Words in Sch. 11 para. 2(4) substituted (3.7.2000) by 1999 c. 29, s. 329(1)(3), (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(b)

Marginal Citations

Explosives, petroleum etc.E+W+S+N.I.

3In paragraph (3) of section 67 of the M68Explosives Act 1875 (local authorities for the purposes of that Act) after the words “Outside Greater London” there shall be inserted the words “and a metropolitan county” and after that paragraph there shall be inserted—

(3A)In a metropolitan county, the fire authority; and

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Marginal Citations

4In section 2(1) of the M69Petroleum (Consolidation) Act 1928 (local authorities granting petroleum licences) for paragraph (a) there shall be substituted—

(a)in Greater London or a metropolitan county, the fire authority;

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Marginal Citations

5M70The functions of a local authority under section 73 of the Public Health Act 1961 (derelict petroleum tanks) shall be functions—

(a)in Greater London or a metropolitan county, of the [F205fire and rescue authority] ;

(b)elsewhere, of the county council,

and references in that section, and in the provisions of that Act applied by it, to a local authority shall be construed accordingly.

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Amendments (Textual)

F205Words in Sch. 11 para. 5(a) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 61; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Marginal Citations

6In section 9 of the M71Celluloid and Cinematograph Film Act 1922 at the end of the definition of “local authority” there shall be inserted the words “and in a metropolitan county means the fire authority”.

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Marginal Citations

Section 39.

SCHEDULE 12E+W+S+N.I. Passenger Transport

1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206

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Amendments (Textual)

3F207(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F208(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

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Amendments (Textual)

5(1)The M72Transport Act 1983 shall be amended as follows.E+W+S+N.I.

(2)In section 1 for the definition of “Authority” there shall be substituted “”Authority’ means, in relation to any such Passenger Transport Executive, the metropolitan county passenger transport authority.”.

(3)F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)This paragraph has effect from the abolition date F211. . .

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Amendments (Textual)

F210Sch. 12 para. 5(3)(4) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 (c. 38), s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2002/2024, art. 2(b)

F211Words in Sch. 12 para. 5(5) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2002/2024, art. 2(b)

Marginal Citations

Section 57(7).

SCHEDULE 13E+W+S+N.I. Residuary Bodies

StatusE+W

1A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

Annotations: