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Local Government Act 1888

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Commencement Orders bringing legislation that affects this Act into force:

Part VE+W Supplemental

Application of ActsE+W

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

76, 77.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

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Amendments (Textual)

78 Construction of Acts referring to business transferred.E+W

(1)All enactments in any Act, whether general or local and personal, relating to any business, powers, duties or liabilities transferred by or in pursuance of this Act from any authority to a county council, . . . F3, or to any joint committee, shall, subject to the provisions of this Act, and so far as circumstances admit, be construed as if—

(a)any reference therein to the said authority or to any committee or member thereof or to any meeting thereof (so far as it relates to the business, powers, duties, or liabilities transferred) referred to the county council or to a committee or member thereof or to a meeting thereof, as the case requires, and as if—

(b)a reference to any clerk or officer of such authority referred to the clerk or officer of a county council or committee thereof, as the case requires,

and all the said enactments shall be construed with such modifications as may be necessary for carrying this Act into effect.

(2)Provided that the transfer of powers and duties enacted by this Act shall not authorise any county council or any committee or member thereof—

(a)to exercise any of the powers of a court of record; or

(b)to administer an oath; or

(c)to exercise any jurisdiction under the Summary Jurisdiction Acts, or perform any judicial business, or otherwise act as justices or a justice of the peace,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3)Where under any such enactment as in this section mentioned, any powers, duties, or liabilities are to be exercised or discharged after any presentment or in any particular manner, or at any particular meeting, or subject to any other conditions, the county council may, by the standing orders for the regulation of their proceedings, provide for the exercise and discharge of those powers, duties, and liabilities without any such prior presentment or in a different manner, or at any meeting of the council fixed by the standing orders, or without such other conditions; and until such standing orders take effect shall exercise and discharge them in the like manner, and at the like time, and subject to the like conditions, so nearly as circumstances admit; and a presentment by a grand jury in relation to any such powers, duties, or liabilities, shall cease to be made otherwise than by way of indictment.

(4)For the purposes of this section the expression “authority” means a Secretary of State, the Board of Trade, the Local Government Board, and any Government Department, also any commissioners, conservators, or public body, corporate or unincorporate, specified in a Provisional Order transferring any powers, duties, or liabilities to the county council, also any quarter sessions and any justices, also the Metropolitan Board of Works, or other local authority mentioned in this Act; and the expression “member of an authority” includes, where the authority are quarter sessions or justices, any justice, and the expression “meeting of an authority” includes a court of quarter sessions and the assembly of justices in special or petty sessions; and the expression “clerk of an authority” includes in relation to any quarter sessions or justices, the clerk of the peace or the clerk to a justice as the case requires.

This section shall apply as if a joint committee were a committee of the county council.

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Amendments (Textual)

Modifications etc. (not altering text)

C1Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537

C2Functions of Metropolitan Board of Works now exercisable by Greater London Council: Local Government Act 1888 (c. 41), s. 40(8)(9), London Government Act 1963 (c. 33), ss. 2, 3(1)(b), Sch. 2 and Local Government Act 1972 (c. 70), s. 8, Sch. 2

Proceedings of Councils and CommitteesE+W

79 Incorporation of county council.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2)All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county.

(3)Where any enactment (whether relating to . . . F6 bridges, or other county purposes, or to quarter sessions) requires or authorises land to be conveyed or granted to, or any contract or agreement to be made in the name of, the clerk of the peace, or any justice or justices or other person, on behalf of the county or quarter sessions, or justices of the county, such land shall be conveyed or granted to, and such contract and agreement shall be made with, the council of the . . . F7 county concerned.

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Amendments (Textual)

80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

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Amendments (Textual)

81 Appointment of joint committees.E+W

[F9(1)Any county council or councils, and any court or courts of quarter sessions, may from time to time join in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested.]

(2)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

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Amendments (Textual)

F9S. 81(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV but reproduced for the purpose of construing the remaining provisions of this Act

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

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Amendments (Textual)

83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

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Amendments (Textual)

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

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Amendments (Textual)

Regulations for Bicycles, &c.E+W

85 Regulations for bicycles, &c.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 bicycles, tricycles, velocipedes, and other similar machines are hereby declared to be carriages within the meaning of the Highway Acts;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

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Amendments (Textual)

Adaptation of ActsE+W

86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

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Amendments (Textual)

87 Application of provisions of 38 & 39 Vict. c. 55 as to local inquiries and provisional orders. E+W

(1)Where the Local Government Board are authorised by this Act to make any inquiry, to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, sanction, or approval to any matter, or otherwise to act under this Act, they may cause to be made a local inquiry, . . . F19

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

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

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

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Amendments (Textual)

Modifications etc. (not altering text)

88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W

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Amendments (Textual)

89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W

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Amendments (Textual)

90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W

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Amendments (Textual)

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W

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Amendments (Textual)

SavingsE+W

92

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

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Amendments (Textual)

93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W

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Amendments (Textual)

94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W

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Amendments (Textual)

95 Saving as to Middlesex, Surrey, and Kent.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(2)Where any enactment, deed, instrument, or document refers to the county of Middlesex, Surrey, or Kent, such enactment, deed, instrument, or document shall be construed to apply to the same area to which it would have applied if this Act [F32and the M1London Government Act 1963] had not passed, except where such application is inconsistent with this Act [F32or with the said Act of 1963 or any instrument made thereunder], or where the object of such enactment, deed, instrument, or document requires that it shall be construed to apply to [F33the area consisting of the inner London boroughs, the City of London, the Inner Temple and the Middle Temple].

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Amendments (Textual)

F32Words inserted by S.I. 1965/654

F33Words substituted by S.I. 1965/654

Marginal Citations

96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W

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Amendments (Textual)

97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

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Amendments (Textual)

98 Saving for powers of Commissioners of Inland Revenue and Customs. E+W

Notwithstanding anything in the foregoing sections of this Act, the Commissioners of Inland Revenue and the Commissioners of Customs, and the officers of those Commissioners respectively, shall have the same powers in relation to any articles subject to any duty of customs or excise, manufactured, imported, kept for sale, or sold, and any premises where the same may be, and to any machinery, apparatus, vessels, utensils, or conveyances used in connexion therewith or the removal thereof, and in relation to the person manufacturing, importing, keeping for sale, or having the custody of the same, as they would have had if this Act had not passed, and any licences transferred in pursuance of this Act had continued to be granted by the Commissioners of Inland Revenue.

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Modifications etc. (not altering text)

C4Functions of Commissioners of Inland Revenue as to excise duty now exercisable by Commissioners of Customs and Excise: S.R. & O. 1909/197 (Rev. V, p. 465: 1909, p. 239)

DefinitionsE+W

99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

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Amendments (Textual)

100 Interpretation of certain terms in the Act.E+W

In this Act, if not inconsistent with the context, the following terms have the meanings herein-after respectively assigned to them, that is to say:—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • The expression “quarter sessions” as respects any county, riding, division, or liberty, means the justices in quarter or general sessions assembled, and includes justices assembled in gaol sessions, annual general sessions, and adjourned sessions, and as respects any borough, means any court of qarter or general sessions held for the borough . . . F40

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

  • The expression “person” includes any body of persons, whether corporate or unincorporate:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • The expression “powers” includes rights, jurisdiction, capacities, privileges, and immunities:

  • The expression “duties” includes responsibilities and obligations:

  • The expression “liabilities” includes liability to any proceeding for enforcing any duty or for punishing the breach of any duty, and includes all debts and liabilities to which any authority are or would but for this Act be liable or subject to, whether accrued due at the date of the transfer or subsequently accruing, and includes any obligation to carry or apply any money to any sinking fund or to any particular purpose:

  • The expression “powers, duties, and liabilities,” includes all powers, duties, and liabilities conferred or imposed by or arising under any local and personal Act:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

  • The expression “office” includes any place, situation, or employment, and the expression “officer” shall be construed accordingly:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

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Amendments (Textual)

101 Extent of Act.E+W

This Act shall not extend to Scotland or Ireland.

102 Short title.E+W

This Act may be cited as the Local Government Act, 1888.

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