The Local Authorities etc. (Miscellaneous Provision) Order 1974

Registration

30.—(1) Subject to paragraph (6), in this article—

“register” means any register under any enactment, rule, order or regulation and includes—

(a)

any list kept for the purposes of the Pharmacy and Poisons Act 1933 under section 21 thereof; and

(b)

any index of local charities maintained under section 10 of the Charities Act 1960;

“registration” means inclusion in any register; and

“exemption” means exemption from any obligation in respect of registration.

(2) Immediately before 1st April 1974 the clerk of any council abolished by section 1(10) or 20(6) of the Act shall deliver any register of the council to the proper officer of the following authority, namely—

(a) if the register is appropriate for one authority only, that authority;

(b) in any other case, the authority specified in respect of the said council in column (2) of Part I or II of Schedule 4 to the Local Authorities (England) (Property etc.) Order 1973 or the Local Authorities (Wales) (Property etc.) Order 1973.

(3) As soon as may be after 1st April 1974 the proper officer of any authority shall—

(a) send to the proper officer of any other authority a copy of every entry in any register received by him under paragraph (2)(b) which is appropriate for a register of that other authority; and

(b) incorporate or include in the appropriate register of the authority by whom he is employed, with any necessary modifications—

(i) the entries in the registers delivered to him under paragraph (2)(b) of which copies have not been sent, under (a), to the proper officer of any other authority; and

(ii) the particulars of every entry furnished to him under (a) in its application to the proper officer of any other authority;

and every entry so incorporated or included shall continue in force as fully and effectively as if it had originally been made in the register in which it is incorporated or included.

Where any register is kept in such manner that the entries therein are separable, (a) may be complied with, as regards any entry, by sending the entry to the proper officer specified therein, and if the entry is so sent (b)(ii) may be complied with, as regards that entry, by the inclusion of the entry in the appropriate register.

(4) Any application made before 1st April 1974 for registration in any register of any council abolished by section 1(10) or 20(6) of the Act or for exemption from any obligation in respect of inclusion in such register shall be treated as having been made to the authority for whose register the application is appropriate.

(5) Any order, decision, notice or certificate made, taken, given or issued before 1st April 1974 by a council abolished by section 1(10) or 20(6) of the Act in relation to—

• any application for registration or exemption;

• any entry in any register of the council,

shall have effect as if it had been made, taken, given or issued by the authority for whose register the application is appropriate or in whose register the entry falls to be incorporated or included.

(6) This article does not extend to—

• any register of parliamentary and local government electors;

• any register of local land charges kept in pursuance of section 15 of the Land Charges Act 1925;

• any register as to which provision is made in any other order made (whether before or after this order) under section 254 of the Act.

(7) Any reference in this article to the proper officer of an authority to which section 270(3) of the Act does not apply shall in relation to any purpose be construed as a reference to an officer appointed by the authority for that purpose.