The Local Government Area Changes (Amendment) Regulations 1978

4.—(1) The amendments set out in paragraphs (2) to (16) below shall be made in the principal regulations.

(2) In regulation 3 (Interpretation), in paragraph (2), “except in regulation 49” shall be omitted.

(3) In regulation 19 (Justices), in paragraph (1), there shall be added “and in respect of which proceedings have not been commenced before the appointed day”.

(4) Regulation 20 (Licensing) shall be omitted.

(5) After regulation 27 there shall be inserted the regulation (Children) set out in Schedule 1 to these regulations.

(6) After regulation 40 there shall be inserted the regulation (Construction of pre-1967 references to parishes) set out in Schedule 2 to these regulations.

(7) For regulation 49 (Local land charges) there shall be substituted the regulation set out in Schedule 3 to these regulations.

(8) For regulation 51 (Rate support grants) there shall be substituted the regulation set out in Schedule 4 to these regulations.

(9) After regulation 54 there shall be inserted the regulation (Distribution of payments made by Transport Boards) set out in Schedule 5 to these regulations.

(10) For regulation 55 (Rating of British Gas Corporation and electricity boards) there shall be substituted the regulation set out in Schedule 6 to these regulations.

(11) In regulation 56 (Valuation of hereditaments of National Coal Board)—

• in paragraph (2), for “article 7 of the National Coal Board (Valuation) Order 1963” there shall be substituted “article 6 of the National Coal Board (Rateable Values) Order 1977”;

• in paragraph (3), for “article 21(3)(b) and (c) of the said order of 1963,” there shall be substituted “article 4(2)(c) and (d) of the said order of 1977,”;

• in paragraph (4), for “article 21(4) of the said order of 1963,” there shall be substituted “article 4(3) of the said order of 1977,” and for “article 21(4)”, where subsequently occurring, there shall be substituted “article 4(3)”; and

• in paragraph (5), for “article 21(5) or (6) of the said order of 1963” there shall be substituted “article 4(4) of the said order of 1977” and for “article 21(5) or (6)”, where subsequently occurring, there shall be substituted “article 4(4)”.

(12) For regulation 57 (Valuation of hereditaments of Post Office) there shall be substituted the regulation set out in Schedule 7 to these regulations.

(13) In regulation 66 (Liabilities to certain funds), for paragraph (3) there shall be substituted—

“(3) Where by virtue of these regulations or of the order any matter in respect of which any advance from a fund established or deemed to be established under paragraph 16 of Schedule 13 to the Local Government Act 1972, as set out in section 28(1) of the Local Government (Miscellaneous Provisions) Act 1976(1), is not fully repaid is transferred to an authority other than the authority by whom such funds is maintained on and after the appointed day, the first-mentioned authority may treat the outstanding amount of the advance as an advance to any similar fund so established or deemed to be established by them and make such payments to the fund as they consider appropriate, but otherwise any liability to make repayments in respect of the advance shall cease.”.

(14) In Schedule 1 (Petty sessions areas)—

(a) in Part I, in paragraph 1, in the definition of “supervision order”, there shall be added—

“an order under section 17(1)(a) or 36(3)(b) of the Children Act 1975(2);”

(b) in the said Part, for paragraph 2 there shall be substituted—

“2.   Subject to the following paragraphs, except where a transferor area is abolished by the order, the transfer of an area shall not affect any proceedings commenced before the appointed day before the transferor justices, and any such proceedings may be disposed of as if the order had not been made.”

(c) in the said Part, for paragraph 5 there shall be substituted—

“5.   Where periodical payments are payable under section 52 of the Magistrates' Courts Act 1952 through the clerk to the justices for the transferor area to a person who resides in the transferred area, the said clerk may amend the order so as to require payments to be made through the clerk to the justices for the transferee area and, if he does so, shall give notice of the amendment to the person entitled to the payments, to the person required to make the payments and to the justices' clerk for the transferee area.”;

(d) in the said Part, paragraph 7 shall be omitted;

(e) for Part II there shall be substituted—

“PART II PROVISIONS APPLYING WHERE A PETTY SESSIONS AREA CEASES TO EXIST

1.   In this Part—

“abolished area” means a petty sessions area which is abolished by the order;

“related area”, in relation to any abolished area, means the petty sessions area specified as such in the order; and

“community service order”, “probation order” and “supervision order” have the same meanings as in Part I to this Schedule.

2.   Any process issued, order made, sentence passed, appeal brought, case ordered, licence granted, recognizance entered into, proceeding begun, appointment made or other thing done before the appointed day by, from, to or before any justices for an abolished area or their clerk shall, on and after that day, be deemed to have been issued, made, passed, brought, ordered, granted, entered into, begun, made or done by, from, to or before those justices as justices for the related area or their clerk, as the case may be.

3.   Any order made by a magistrates' court directing the payment of money to the clerk or any other officer of a magistrates' court acting for an abolished area shall have effect as if it had directed payment to be made to the clerk of the justices for the related area.

4.   Where an abolished area is named in a community service order, probation order or supervision order, the powers and functions of the justices for that area in relation to the order shall vest in and be discharged by the justices for the related area, and the order, unless amended in regard to the petty sessions area named, shall have effect in all respects as if the related area were named therein.

This paragraph does not apply to any order in respect of which provision is made in paragraph 6 of Part I of this Schedule.

5.— (1) Any process, records or other documents in the custody, by virtue of his office as such, of the clerk to the justices for an abolished area shall be retained by the clerk in his capacity as clerk to the justices for the related area, or, if he does not hold that clerkship, be transferred to the custody of the clerk to the justices for the related area.

(2) Copies of or extracts from any such record or other document as aforesaid made or certified by the clerk to the justices for the related area shall be of the same effect as if they had been made or certified by the clerk to the justices for the abolished area.”

; and

(f) In Part III, in paragraph 1, in item (ii), for “the election of a juvenile court panel” there shall be substituted “the appointment of a juvenile court panel”.

(15) In Schedule 5 (Rating of British Gas Corporation and electricity boards), in paragraph 1, for “that Schedule as” there shall be substituted “the Schedule”.

(16) in Schedule 6 (Transfer of specified classes of property, etc.), in the definition of “sited property”, after “easement” there shall be added “or right”.

(1)

1976 c. 57

(2)

1975 c. 72.