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The Local Authorities etc. (Miscellaneous Provision) Order 1974

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Minutes of last meetings

29.—(1) This article applies to—

  • councils and parish meetings abolished by section 1(10) or 20(6) of the Act;

  • councils of boroughs included in rural districts;

  • parish councils and parish meetings of existing rural parishes mentioned in paragraph 1 of Part IV of Schedule 1 to the Act or in paragraph (2) of article 3 of the New Parishes Order 1973;

  • burial boards, joint burial boards and joint committees which cease to exist

  • by virtue of section 214(1)(b) of the Act;

  • joint boards which cease to exist by virtue of section 263(2)(b) of the Act;

  • joint boards which cease to exist by virtue of section 263(3) of the Act;

  • the Lake District Planning Board and the Peak Park Planning Board;

  • the Snowdonia Park Joint Advisory Committee;

  • the West Monmouthshire Omnibus Board;

  • joint boards who are statutory water undertakers other than joint boards within the meaning of the Water Act 1973;

  • joint sewerage boards;

  • river authorities, the Conservators of the River Thames, the Lee Conservancy Catchment Board and the Isle of Wight River and Water Authority;

  • combined police authorities and combined fire authorities;

  • the Metropolitan Water Board;

  • the Association of River Authorities;

  • the British Waterworks Association;

  • joint committees established by schemes of combination under section 2 of the Local Government Superannuation Act 1937; and

  • committees, sub-committees and joint committees of any such bodies.

(2) The minutes of the last meeting of any body to whom this article applies shall if practicable be signed at such meeting.

(3) If it is not practicable for the minutes to be so signed they may be signed by the person who presided at the meeting in accordance with paragraph (4), (5) or (6) and—

(a)any minute purporting to be so signed shall be received in evidence without further proof;

(b)until the contrary is proved, the meeting in respect of the proceedings whereof a minute has been made and so signed shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified, and where the proceedings are the proceedings of a committee, sub-committee or joint committee, the committee, sub-committee or joint committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

(4) Minutes of the proceedings of the last meeting of any body to whom this article applies other than a committee, sub-committee or joint committee or a parish meeting may be signed as aforesaid on or after the 7th day following the transmission to every member of the body of a copy of the minutes and of a notification of the purport of paragraph (3) and this paragraph. The person who presided at the meeting shall take into consideration any representations made by any such member.

(5) Minutes of the proceedings of the last meeting of a committee, sub-committee or joint committee above may be signed as aforesaid on or after the 7th day following the transmission to every member of the committee, sub-committee or joint committee of a notification of the purport of paragraph (3) and this paragraph, with a copy of the minutes or information as to the availability of a copy for inspection. The person who presided at the meeting shall take into consideration any representations made by any such member.

(6) Minutes of the proceedings of the last meeting of a parish meeting may be signed as aforesaid after such consultation as the person presiding at the meeting shall think appropriate.

(7) If the person who presided at the meeting is not able to sign the minutes in accordance with paragraph (4), (5) or (6), paragraph (3) and such paragraph shall have effect with the substitution for any reference to the person who presided at the meeting of a reference to such person as the Secretary of State may direct.

(8) This article is without prejudice to any arrangements made by any body as to the signature of the minutes of its last meeting, or of the minutes of the last meeting of any committee, sub-committee or joint committee.

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