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The Isles of Scilly Order 1978

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Article 6(4)

SCHEDULEMODIFICATION OF CERTAIN PROVISIONS OF THE ACT

(1)(2)
Section 39 (registration officers)

There shall be substituted—

  

39.  The Council of the Isles of Scilly shall appoint an officer of the Council to be registration officer for the Isles.

Section 41(1) (returning officers at local government elections)

There shall be substituted—

  

(1) The Council of the Isles of Scilly shall appoint an officer of the Council to be the returning officer for elections of councillors.

  

Section 90 (term of office of persons filling casual vacancies)For “chairman of a parish council or parish meeting or of parish councillor” there shall be substituted “chairman or councillor of the Council of the Isles of Scilly”
Section 154(2) (accounts to be audited by district or approved auditor)

There shall be inserted—

  

(aa)the accounts of the Council of the Isles of Scilly shall be audited either by the district auditor or by an auditor appointed by the Council, according as the Council shall determine by resolution passed before 1st July 1979;

  

Section 166(1) (regulations as to accounts)

There shall be added—

  

Provided that the Council of the Isles of Scilly shall not be placed under any liability to give notice by advertisement in any newspaper of any matter, and any regulations made under this subsection shall have effect as if the publicity prescribed therein in relation to such matter were the giving of a public notice in each parish affected.

Section 174(3) (subsistence allowance)For the words following “duty performed” there shall be substituted “outside the parish in which he resides.”
Section 181(1) (local authority for the purposes of certain water enactments)

For the words following “1953;” there shall be substituted—

  

(d)the Water Acts 1945 and 1948;

  

(e)the Drought Act 1976;

  

the local authority for the Isles of Scilly shall be the Council of the Isles.

Section 181(2) (local authority for the purposes of certain sewerage enactments)For the words following “the local authority” there shall be substituted “for the Isles of Scilly shall be the Council of the Isles.”

Section 187(1) (local highway authorities)

Section 188(4) and (5) (amendments of Highway Acts)

After “Greater London”, wherever occurring, there shall be inserted “and the Isles of Scilly”
Section 189(3) (construction of references in Inclosure Act 1857)

There shall be inserted—

  

(aa)with respect to a green or land in the Isles of Scilly, as references to the Council of the Isles;

  

Section 191 (Ordnance Survey)

For subsections (2) and (4) there shall be substituted—

  

(2) An application under section 1 of the 1841 Act shall be sent to the proper officer of the Council of the Isles of Scilly and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the said Council.

  

; and

  

(4) References, in whatever terms, in the 1841 Act—

(a)to the justices by whom a person is appointed shall be construed as references to the Council of the Isles of Scilly; and

(b)to the clerk of the peace for a county shall be construed as references to the proper officer of the said Council.

  

Section 192(1) (local education authorities)

There shall be substituted—

  

(1) The local education authority for the Isles of Scilly shall be the Council of the Isles of Scilly.

  

Section 195(1) (local authorities for the purposes of the Local Authority Social Services Act 1970)

Section 204(5) (issue of licences in relation to cinemas)

After “Greater London”, wherever occurring, there shall be inserted “and the Isles of Scilly”
Section 214 (cemeteries and crematoria)After “the Common Council” there shall be inserted “the Council of the Isles of Scilly”
Section 220 (coroners)

There shall be inserted—

  

(3A) The Coroners Acts 1887 to 1954 shall apply in relation to the Isles of Scilly as if they were a county and the Council of the Isles were the council of that county.

  

Section 224 (arrangements for custody of documents)

There shall be substituted—

  

224.  The Council of the Isles of Scilly shall make proper arrangements with respect to any documents which belong to or are in the custody of the Council or any of their officers.

  

Section 235(1) (byelaws for good rule and government and suppression of nuisances)

There shall be substituted—

  

(1) The Council of the Isles of Scilly may make byelaws for the good rule and government of the whole or any part of the Isles, and for the prevention and suppression of nuisances therein.

  

Section 236(4) (notice of intention to apply for confirmation of byelaws)For the words following “given” there shall be substituted “by public notice in each parish in which the byelaws are to apply.”
Section 239(2) (notice of resolution to promote or oppose a Bill)For “by advertisement in one or more local newspapers circulating in the area of the authority” there shall be substituted “by public notice in every parish”

Section 240(1)(a) (notice of application for a provisional order)

Section 240(3)(a) (notice of application for an order subject to special parliamentary procedure)

For the words following “Gazette” there shall be substituted “and by public notice in each parish to which the order will relate;”

In Schedule 6—

in paragraph 5(1) (division of area into polling districts)

For “the council of each district or London borough” there shall be substituted “the Council of the Isles of Scilly”
in paragraph 6 (addresses in same area)

For sub-paragraph (b) there shall be substituted—

  

(b)both addresses are in the same parish in the Isles of Scilly, or

  

for paragraph 8 (polling districts and polling stations at local government elections)

There shall be substituted—

  

8.  For section 22(1) there shall be substituted—

   

(1) For elections of councillors the Council of the Isles of Scilly may divide the Isles into polling districts and may alter any polling district.

   

in paragraph 11 (application of the the Representation of the People Act 1949 to certain elections)For “district, parish or community councillors or of the chairman of a district, parish or community council or a parish meeting “there shall be substituted “councillors of the Isles of Scilly or of the chairman of the Council of the Isles of Scilly”
in paragraph 13 (lists of meeting rooms)For “Every district and London borough council” there shall be substituted “The Council of the Isles of Scilly”

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