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The Local Authorities etc. (Miscellaneous Provision) Order 1974

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Franchise and prescriptive rights

17.—(1) This article applies to the following matters, namely—

(a)any powers to appoint local officers other than—

(i)local officers of dignity within the meaning of section 246 of the Act; and

(ii)mayors and deputy mayors;

(b)any powers to hold courts other than courts abolished by section 221 of the Act;

(c)any powers to maintain markets;

(d)any powers to hold fairs;

(e)any other powers to maintain any undertakings or events;

(f)any rights to take tolls; and

(g)any other rights or liabilities,

exercisable by or attaching to the corporation or council of a city or borough (including a borough included in a rural district) or the council of an urban or rural district immediately before 1st April 1974 under any franchise or by virtue of prescription.

(2) Subject to paragraph (3) and to the provisions of any other order made under section 254 of the Act, any such matter shall be exercisable by or attach to—

(a)in the case of a borough included in a rural district, the parish council of the parish replacing the borough;

(b)in the case of any other area wholly comprised in a district, the council of the district; and

(c)in the case of any other area, the council of the district specified in respect of the area in column (2) of Part I or II of Schedule 4 (Residual transfer of Property etc) to the Local Authorities (England) (Property etc.) Order 1973 or the Local Authorities (Wales) (Property etc.) Order 1973.

(3) The power to maintain the Richmond market shall be exercisable by the Parish Council of Richmond.

(4) Any council to whom any matter is transferred by paragraph (2) or (3) shall have the same powers in relation thereto as were exercisable immediately before 1st April 1974 by the corporation or council from whom the matter is transferred.

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