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  • s. 79 savings for the effects of the amendment by 2022 c. 37, Sch. 8 paras. 3-5 by S.I. 2023/1406 reg. 17 18
  • s. 80(1)(a) modified by 2021 asc 1 Sch. 6 para. 2(1)
  • s. 101(2) applied by 1981 c. 64, s. 7B (as inserted) by 2023 c. 55 s. 175(2)
  • s. 113(4) words omitted by 2012 c. 7 Sch. 14 para. 45
  • s. 116 modified by 2021 asc 1 Sch. 6 para. 2(2)
  • s. 138C(1)(s) words substituted by 2023 c. 55 Sch. 8 para. 1
  • s. 138C(2)(c) words substituted by 2023 c. 55 Sch. 8 para. 1
  • s. 236(3)-(8) applied (with modifications) by S.I. 2020/1297 art. 44(3)(4) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
  • s. 236(11) applied (with modifications) by S.I. 2020/1297 art. 44(3)(4) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
  • s. 250(2)-(5) applied by 1981 c. 69 Sch. 13A para. 10(1)(2) (as inserted) by 2015 c. 20 Sch. 7 para. 6
  • s. 250(2)-(5) applied by 1981 c. 69 Sch. 14A para. 16(1)(2) (as inserted) by 2015 c. 20 Sch. 7 para. 7
  • s. 250(2)-(5) power to apply conferred by 1991 c. 56, s. 39F(6) (as inserted) by 2021 c. 30 s. 78(7)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Section 1.

SCHEDULE 1E+W Counties and Metropolitan Districts in England

Modifications etc. (not altering text)

C1By The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15, Sch. 2 para. 17 it is provided (24.6.2003) that the reference in Sch. 1 para. 6 to "other securities so transferable" shall include a reference to uncertificated units of eligible debt securities

Part IIIE+W Rules as to Boundaries

1E+WThe boundaries of the new local government areas shall be mered by Ordnance Survey.

2E+WAny such boundary defined on the map annexed to any order under Part VI of the 1933 Act or Part II of the M1Local Government Act 1958 or section 6 of the 1963 Act by reference to proposed works shall, if the works have not been executed at the time of the completion of the first survey made after the passing of this Act for a new edition of Ordnance Survey large-scale plans including that boundary, be mered as if the boundary had not been so defined.

Marginal Citations

3E+WThe boundary dividing the Egerton ward of the urban district of Turton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Delph Brook to the end of the Reservoir Dam, thence to Blackburn Road north of Moss Cottages and thence north-eastwards to the ward boundary.

4E+WThe boundary dividing the borough of Whitley Bay referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the access road to Hartley West Farm, Hartley Lane, West End, the northern boundaries of Ordnance Survey parcels 0057, 2657 and 4156 and thence north-eastwards to the boundary of the borough.

5E+WThe boundary in the parish of Harraton referred to in Part I of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the link road C8 between Western Highway and Vigo Lane.

6E+WThe boundary dividing the parishes of East Harptree, West Harptree, Compton Martin, Ubley, Blagdon and Burrington referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine generally between the 500 ft. and 800 ft. contours on the northern slopes of the Mendip Hills to the vicinity of Burrington Camp and thence westwards to the boundary of the parish of Burrington.

7E+WThe boundary dividing the parish of Wexham referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the northern and eastern boundaries of Wexham Hospital, Wexham Park Lane, the eastern and southern boundaries of Ordnance Survey parcels 49, 48a, 31, 32, 33, 15, 14 and 13, Church Lane and Uxbridge Road south-westwards from Church Lane.

8E+WThe boundary dividing the parish of Christchurch East referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line from the neighbourhood of Barrett’s Copse to the River Mude in the neighbourhood of Waterhouse Farm and thence along that river downstream to the parish boundary.

9E+WThe boundary dividing the parish of Sopley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Avon.

10E+WThe boundary dividing the parish of Herringfleet referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of Blocka Lane, Blocka Road, Herringfleet Road, the southern boundaries of Ordnance Survey parcels 105B, 80, 77 and 78, and thence to the parish boundary.

11E+WThe boundary dividing the parish of Corton referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of an extension eastwards of the southern boundary of the parish of Hopton-on-Sea.

12E+WThe boundary dividing the parish of Horley referred to in Part II of this Schedule shall be such as the Secretary of State may by order determine on or near the general line of the River Mole, Burstow Stream, the railway from Horley to Earlswood and Crossoak Lane.

Part IVE+W Divided Parishes

1E+WThe following areas shall be parishes, that is to say—

(a)the part of the existing parish of Altcar in Lancashire;

(b)the part of the existing parish of Altcar in Merseyside;

(c)the part of the existing parish of Birtley in district (c) in Tyne and Wear;

(d)the part of the existing parish of Blagdon in Avon;

(e)the part of the existing parish of Bold in Merseyside;

(f)the part of the existing parish of Burnham in Berkshire;

(g)the part of the existing parish of Burnham in Buckinghamshire;

(h)the part of the existing parish of Burrington in Avon;

(i)the parts of the existing parishes of Charlwood and Horley in Surrey;

(j)the part of the existing parish of Charlwood in West Sussex;

(k)the part of the existing parish of Christchurch East in Dorset;

(l)the part of the existing parish of Christchurch East in Hampshire;

(m)the part of the existing parish of Compton Martin in Avon;

(n)the part of the existing parish of Corton in Suffolk;

(o)the part of the existing parish of East Harptree in Avon;

(p)the part of the existing parish of Harraton in Durham;

(q)the part of the existing parish of Harworth in Nottinghamshire;

(r)the part of the existing parish of Herringfleet in Suffolk;

(s)the part of the existing parish of Horley in West Sussex;

(t)the part of the existing parish of Loxton in Avon;

(u)the part of the existing parish of Lydiate in Merseyside;

(v)the part of the existing parish of Sopley in Hampshire;

(w)the part of the existing parish of South Biddick in Durham;

(x)the part of the existing parish of Ubley in Avon;

(y)the part of the existing parish of West Harptree in Avon;

(z)the part of the existing parish of Wexham in Berkshire; and

(za)the part of the existing parish of Wexham in Buckinghamshire.

2(1)The part of the existing parish of Bold in Cheshire shall be added to the parish of Great Sankey.E+W

(2)The parts of the existing parishes of Blagdon, Burrington, Compton Martin, East Harptree, Ubley and West Harptree in Somerset shall be added to the parish of Priddy.

(3)The part of the existing parish of Corton in Norfolk shall be added to the parish of Hopton-on-Sea.

(4)The part of the existing parish of Harworth in South Yorkshire shall be added to the parish of Bawtry.

(5)The part of the existing parish of Herringfleet in Norfolk shall be added to the parish of Fritton.

(6)The part of the existing parish of Loxton in Somerset shall be added to the parish of East Brent.

(7)The part of the existing parish of Lydiate in Lancashire shall be added to the parish of Downholland.

(8)The part of the existing parish of Sopley in Dorset shall be added to the parish of Hurn.

3E+WThe parts of the existing parishes of Birtley, Harraton and South Biddick in district (e) in Tyne and Wear shall cease to be in any parish.

4E+WParagraphs 1 to 3 above shall not prevent any existing rural parish from continuing to exist as such until 1st April 1974.

Part VE+W Constitution of Parishes by Reference to existing Urban District and Borough Boundaries

1(1)The English Commission shall consult the councils of existing counties, boroughs and urban districts and the committees established under section 264(1)(b) above with a view to making proposals to the Secretary of State for the constitution of parishes each of which has a boundary coterminous with that of—E+W

(a)an existing urban district or borough, the area of which is not divided by or under section 1 above between two or more districts, or

(b)so much of an existing urban district or borough, the area of which is so divided, as is wholly comprised in a single district,

and for naming those parishes.

(2)The Secretary of State may give the Commission directions for their guidance in making any such proposals.

2(1)The Secretary of State shall by order give effect to any proposals under paragraph 1 above, either as made to him or with modifications, but except in so far as any such order specifies part of the boundary of a district as part of the boundary of a parish no such order may specify for a parish a boundary different from that of an existing urban district or borough.E+W

(2)A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3E+WThe constitution of an area as a parish under this Part of this Schedule shall not affect—

(a)the continued existence, subject to section 1(10) above, of the borough or urban district the area of which or of part of which is co-extensive with that of the parish, or

(b)the power to make changes in local government areas under Part IV above.

4E+WIn this Part of this Schedule “borough” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.

Section 8.

SCHEDULE 2E+W Constitution and Membership of Greater London Council and London Borough Councils

Part IE+W

ConstitutionE+W

1F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.

Chairman and mayorE+W

2(1)The F2. . . mayor of a London borough shall be elected annually by the council from among the councillors.E+W

(2)The F2. . . mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as F2. . . mayor.

(3)During his term of office the F2. . . mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(4)F2. . . a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the F2. . . mayor to meet the expenses of his office.

(5)The mayor of a London Borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty’s royal prerogative.

Textual Amendments

Election of chairman and mayorE+W

3(1)The election of the F3. . . mayor shall be the first business transacted at the annual meeting of F3. . . a London borough council.E+W

(2)If, apart from paragraph 2(3) above F3. . ., the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with sub-paragraph (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

Textual Amendments

F44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of mayor of London borough to appoint deputyE+W

5(1)The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a newly elected mayor becomes entitled to act as mayor (whether or not he continues until that time to be a councillor).E+W

(2)The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.

(3)The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.

(4)A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.

[F5 Modifications of preceding provisionsE+W

Textual Amendments

F65AE+WWhere a London borough council are operating executive arrangements which involve a leader and cabinet executive—

(a)paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the mayor of the borough.

(b)paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be appointed as the deputy mayor.

Textual Amendments

F75BE+WWhere a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.

Textual Amendments

[F8F95C(1)The council shall consist of an elected mayor, a chairman and councillors.E+W

(2)A reference in this Act to a member of the council is a reference to—

(a)the chairman of the council,

(b)a councillor of the council, or

(c)the elected mayor of the council.]

Textual Amendments

F8Sch. 2 para. 5C substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 11(2)

Modifications etc. (not altering text)

C2Sch. 2 para. 5C(1) restricted by 2000 c. 22, s. 9H(5) (as inserted (3.12.2011 for specified purposes, 9.3.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/628, art. 2(a))

F105DE+WParagraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.

Textual Amendments

F115EE+WParagraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the chairman of the council.

Textual Amendments

F125FE+WParagraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.

Textual Amendments

F135GE+WParagraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.

Textual Amendments

F145HE+WParagraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—

(1)A London borough council shall appoint a member of the council to be vice-chairman of the council.

(1A)A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”

Textual Amendments

F155IE+WParagraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.]

Textual Amendments

Term of office and retirement of councillorsE+W

6(1)F16. . . London borough councillors shall be elected by the local government electors for F16. . . the borough, F16. . ., in accordance with this Act and Part I of the [F17Representation of the People Act 1983].E+W

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The ordinary election of London borough councillors shall take place in 1974 and [F19every fourth year] thereafter, their term of office shall be [F19four years] and they shall retire together in every [F19such fourth year] on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral divisions and wardsE+W

7(1)Subject to the following provisions of this paragraph, for the purposes of the election of councillors—E+W

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under [F22Part II of the Local Government Act 1992][F23or Part 1 of the Local Government and Public Involvement in Health Act 2007][F24or section 59 of the Local Democracy, Economic Development and Construction Act 2009];

and there shall be a separate election for each F21. . . ward.

(2)Until provision is made as mentioned in sub-paragraph (1)(b) above by an [F25order referred to in sub-paragraph (1)(b) above] , the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F278E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part IIE+W

F289–14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 3E+W Establishment of New Authorities in England

Division of non-metropolitan counties into districtsE+W

1(1)The English Commission shall as soon as practicable after the passing of this Act make proposals to the Secretary of State for the division of non-metropolitan counties into districts, for defining the areas of those districts and for naming them, and the Secretary of State may give the Commission directions for their guidance in making any such proposals.E+W

(2)The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifications, but an order shall not be made under this paragraph defining the areas of non-metropolitan districts unless a draft of the order has been approved by resolution of each House of Parliament.

(3)An order under this paragraph shall, notwithstanding that it applies only to one or some of the non-metropolitan counties, proceed in Parliament as if its provisions would, apart from this paragraph, require to be enacted by a public Bill.

County and district councillorsE+W

2E+WF29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Sch. 3 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

3(1)For the purpose of any election of such councillors before the relevant year of election each county or district shall be divided into such electoral areas as may be specified in an order made by the Secretary of State after carrying out either before or after the passing of this Act such consultations as he thinks appropriate.E+W

(2)An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral area and there shall be a separate election of councillors for each electoral area; and section 6(2)(a) above shall not apply to any such election.

(3)An order under this paragraph may contain such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper.

4E+WF30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 3 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

First elections and meetings of new councilsE+W

5E+WF31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

6E+WF32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

7E+WF33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

8E+WF34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

9E+WF35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Sch. 3 paras. 4 - 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Parish councillorsE+W

10(1)Until provision is made to the contrary under Part I [F36of this Act, Part II of the Local Government Act 1992 or [F37Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007]][F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009]E+W

(a)the number of councillors for a parish which immediately before the passing of this Act was a borough included in a rural district, not being a borough divided into wards, shall be the same as the number of councillors for that borough;

(b)where any such borough was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the borough, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the borough;

(c)the number of councillors for a parish which immediately before the passing of this Act was co-extensive with a rural district which is not divided into wards shall be the same as the number of councillors for that rural district; and

(d)where a rural district which is co-extensive with a parish was immediately before the passing of this Act divided into wards for the purpose of elections to the council of the rural district, the parish shall be divided into those wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number to be elected for the corresponding ward of the rural district.

(2)Until provision is made to the contrary under Part I [F36of this Act, Part II of the Local Government Act 1992 or [F39Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007]][F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009], the provisions of this sub-paragraph shall have effect with respect to the number of councillors for a parish constituted under Part V of Schedule 1 above and having an area co-extensive with that of an existing borough or urban district, that is to say—

(a)if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;

(b)if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;

(c)if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;

(d)if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number of councillors for the corresponding ward of the urban district;

and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.

(3)In the case of a parish constituted under Part V of Schedule 1 above and having an area co-extensive with part only of an existing borough or urban district, the Secretary of State shall by order make such provision with respect to—

(a)the number of councillors for the parish as a whole,

(b)the division of the parish into wards, and

(c)if the parish is so divided, the number of councillors for each ward,

as appears to him to correspond, in relation to the part of the existing borough or urban district concerned, to the provision made by paragraphs (a) to (d) of sub-paragraph (2) above in the case of a parish the area of which is co-extensive with that of the whole of an existing borough or urban district; and the provision made by any such order shall have effect until provision is made to the contrary under Part I [F36of this Act, Part II of the Local Government Act 1992 or [F40Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007]][F38or Part 3 of the Local Democracy, Economic Development and Construction Act 2009].

Textual Amendments

F37Words in Sch. 3 para. 10(1) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 9(2); S.I. 2008/337, art. 2(c)

F39Words in Sch. 3 para. 10(2) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 9(2); S.I. 2008/337, art. 2(c)

F40Words in Sch. 3 para. 10(3) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 9(2); S.I. 2008/337, art. 2(c)

Qualification for membership of local authorityE+W

11E+WF41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 3 para. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Suspension of electionsE+W

12(1)No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972 F42. . . .E+W

(2)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act.

(4)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.

(9)The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and—

(a)the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and—

(a)the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)As respects an existing county or borough (other than a London borough)—

(a)no ordinary election of aldermen shall be held after the passing of this Act;

(b)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.

Textual Amendments

F42Words in Sch. 3 para. 12(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F43Sch. 3 para. 12(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F44Sch. 3 para. 12(4)-(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F45Sch. 3 para. 12(9)(b)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F46Sch. 3 para. 12(10)(b)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F47Sch. 3 para. 12(11) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F48Sch. 3 para. 12(12)(b)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F49Sch. 3 para. 12(13) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

13(1)The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(2) above and also in relation to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish,—E+W

(a)references in this paragraph to the order are references to the order under the said Part V constituting the parish, and

(b)references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.

(2)As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district, and, if the parish is divided into wards in accordance with paragraph 10(2) above—

(a)the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and

(b)in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.

(3)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where this paragraph applies to a parish, sub-paragraph (12)(c) and (13) of paragraph 12 above shall not apply in relation to the borough or urban district, as the case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.

Textual Amendments

F50Sch. 3 para. 13(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

14E+WIn the case of a parish constituted under Part V of Schedule 1 above and falling within paragraph 10(3) above, the Secretary of State shall by order make such provision in relation to the councillors of the parish, the chairman and vice-chairman of the parish council and the aldermen and councillors of the borough, or as the case may be the councillors of the urban district, concerned as appears to him to be appropriate to secure for the parish and that borough or urban district a result corresponding, so far as practicable, with that produced in the case of a parish falling within paragraph 10(2) above, by sub-paragraphs (2) to (6) of paragraph 13 above.

Annual meetingsE+W

15E+WF51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51Sch. 3 paras. 15-17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

16E+WF52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 3 paras. 15-17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

17E+WF53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 3 paras. 15-17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

SupplementaryE+W

18E+WIn this Schedule “relevant year of election” means—

(a)in relation to county councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new electoral divisions of the county as the result of the review of county electoral arrangements under Schedule 9 to this Act;

(b)in relation to district councillors, the first ordinary year of election of such councillors occurring after the making of the order constituting the new wards of the district in consequence of the review of district electoral arrangements under that Schedule.

Section 20.

SCHEDULE 4E+W Local Government Areas in Wales

[F54PART IE+W Counties

Textual Amendments

NameArea
Anglesey Sir FônThe district of Ynys Môn Isle of Anglesey.
Caernarfonshire and Merionethshire Sir Gaernarfon a MeirionnyddThe districts of Arfon, Dwyfor, and Meirionnydd.
Cardiff CaerdyddThe district of Cardiff, together with (from the district of Taff-Ely) the community of Pentyrch.
Cardiganshire Sir AberteifiThe district of Ceredigion.
Carmarthenshire Sir GaerfyrddinThe districts of Carmarthen, Llanelli and Dinefwr.
Denbighshire Sir DdinbychThe district of Rhuddlan, together with (from the district of Glyndwjr) the communities of Aberwheeler, Cynwyd, Llandrillo, Henllan, Denbigh, Llandyrnog, Llangynhafal, Llanynys, Llanrhaeadr-yng-Nghinmeirch, Nantglyn, Cyffylliog, Ruthin, Llanbedr Dyffryn Clwyd, Llanferres, Clocaenog, Efenechtyd, Llandegla, Llanfair Dyffryn Clwyd, Llanarmon-yn-Iajl, Llanelidan, Derwen, Betws Gwerfil Goch, Gwyddelwern, Bryneglwys, Corwen, Llantysilio, Llangollen and Llangollen Rural with (from the district of Colwyn) the communities of Trefnant and Cefnmeiriadog.
Flintshire Sir y FflintThe districts of Alyn and Deeside and Delyn.
Monmouthshire Sir FynwyThe district of Monmouth together with (from the district of Blaenau Gwent) the community of Llanelly.
Pembrokeshire Sir BenfroThe districts of Preseli Pembrokeshire and South Pembrokeshire, together with Caldey Island and St Margaret’s Island.
Powys PowysThe districts of Montgomeryshire, Radnorshire and Brecknock, together with (from the district of Glyndwjr) the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
Swansea AbertaweThe district of Swansea, together with (from the district of Lliw Valley) the communities of Gowerton, Llwchwr, Gorseinon, Grovesend, Pontardulais, Mawr, Pont-Lliw, Penllergaer, Llangyfelach and Clydach.]

[F55PART IIE+W County Boroughs

NameArea
Aberconwy and Colwyn Aberconwy a CholwynThe districts of Aberconwy and Colwyn, but excluding (from the district of Colwyn) the communities of Cefnmeiriadog and Trefnant.
Blaenau Gwent Blaenau GwentThe district of Blaenau Gwent (excluding the community of Llanelly).
Bridgend Pen-y-bont ar OgwrThe district of Ogwr, but excluding the communities of Wick, St Bride’s Major and Ewenny.
Caerphilly CaerffiliThe districts of Islwyn and Rhymney Valley.
Merthyr Tydfil Merthyr TudfulThe district of Merthyr Tydfil.
Neath and Port Talbot Castell-nedd a Phort TalbotThe districts of Neath and Port Talbot, together with (from the district of Lliw Valley) the communities of Pontardawe, Gwaun-Cae-Gurwen, Cwmllynfell, Ystalyfera and Cilybebyll.
Newport CasnewyddThe district of Newport.
Rhondda, Cynon, Taff Rhondda, Cynon, TafThe districts of Rhondda, Cynon Valley, and Taff-Ely, but excluding (from the district of Taff-Ely) the community of Pentyrch.
Torfaen Tor-faenThe district of Torfaen.
The Vale of Glamorgan Bro MorgannwgThe district of Vale of Glamorgan, together with (from the district of Ogwr) the communities of Wick, St Bride’s Major and Ewenny.
Wrexham WrecsamThe district of Wrexham Maelor, together with (from the district of Glyndwjr) the communities of Chirk, Glyntraian, Llansantffraid Glyn Ceiriog, and Ceiriog Ucha.]

[F56PART IIIE+W The Preserved Counties And Their Areas

NameArea
ClwydThe county of Clwyd, but excluding the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
DyfedThe county of Dyfed.
GwentThe county of Gwent.
GwyneddThe county of Gwynedd.
Mid Glamorgan Morgannwg GanolThe county of Mid Glamorgan, but excluding the communities of Wick, St Bride’s Major, Ewenny and Pentyrch.
PowysThe county of Powys with the addition of the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn from the county of Clwyd.
South Glamorgan De MorgannwgThe county of South Glamorgan with the addition of the communities of Wick, St Bride’s Major, Ewenny and Pentyrch from the county of Mid Glamorgan.
West Glamorgan Gorllewin Morgannwg.The county of West Glamorgan.]

F57Part IVE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F58Schedule 5E+W Establishment of New Principal Councils

Textual Amendments

F58Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F59Election of councillorsE+W

Textual Amendments

F59Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F601E+WThe elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.

Textual Amendments

F60Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F61Electoral divisionsE+W

Textual Amendments

F61Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F622(1)For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) such consultations as he thinks appropriate.E+W

(2)An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral division.

(3)There shall be a separate election of councillors for each electoral division.

(4)An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.

Textual Amendments

F62Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F63First elections of new councilsE+W

Textual Amendments

F63Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

3E+WF64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F65Declarations of acceptance of officeE+W

Textual Amendments

F65Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

4E+WF66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F67First meetings of new principal councilsE+W

Textual Amendments

F67Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

5E+WF68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

6E+WF69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

7E+WF70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F71Qualification for membershipE+W

Textual Amendments

F71Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

8E+WF72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F73Suspension of electionsE+W

Textual Amendments

F73Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

9E+WF74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F75Appropriate transition committeeE+W

Textual Amendments

F75Sch. 5 (paras. 1-10) substituted (5.7.1994) for Sch. 5 (paras. 1-15) by 1994 c. 19, ss. 3, 66(2)(a)(b), Sch. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

10E+WF76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F76Sch. 5 paras. 3-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Qualification for membership of local authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of electionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual meetingsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementalE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77SCHEDULE 6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78SCHEDULE 7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 53.

F79SCHEDULE 8E+W Constitution and Proceedings of the Local Government Boundary Commission for Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80SCHEDULE 9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81SCHEDULE 10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 78.

F82SCHEDULE 11E+W Rules to be Observed in Considering Electoral Arrangements

Textual Amendments

Modifications etc. (not altering text)

C4Sch. 11 applied (6.3.1992) by Local Government Act 1992 (c. 19), s. 27(2)

CountiesE+W

F831E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84Welsh counties and county boroughs]E+W

Textual Amendments

F84Sch. 11 para. 1A and preceeding cross-heading inserted (5.7.1994) by 1994 c. 19, ss. 7(3), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F821AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F852E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Districts and London boroughsE+W

F863E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parishes and communitiesE+W

[F824(1)This paragraph applies to the consideration F87. . ., F88. . . [F89 by a Welsh principal council] or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).E+W

(2)In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether—

(a)the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and

(b)it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.

(3)Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to—

(a)any change in the number or distribution of the local government electors of the parish or community which is likely to take place within the period of five years immediately following the consideration;

(b)the desirability of fixing boundaries which are and will remain easily identifiable; and

(c)any local ties which will be broken by the fixing of any particular boundaries.

(4)Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.]

Textual Amendments

F87Words in Sch. 11 para. 4(1) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 2(4)

F89Words in Sch. 11 para. 4 inserted (5.7.1994) by 1994 c. 19, ss. 7(4), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F905E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 99.

SCHEDULE 12E+W Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C8Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)

Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

Part IE+W Principal Councils

Modifications etc. (not altering text)

C14Sch. 12 Pt. 1 applied (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

Sch. 12 Pt. 1: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch.1.

C15Sch. 12 Pt. 1 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt. 1: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

C16Sch. 12 Pt. 1 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C17Sch. 12 Pt. 1 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

1(1)A principal council shall in every year hold an annual meeting.E+W

(2)The annual meeting of a principal council F91. . . shall be held—

(a)in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;

[F92(aa)in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;]

(b)in any other year, on such day in the month of March, April or May as the council may fix.

F93(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.

Textual Amendments

Modifications etc. (not altering text)

C18Sch. 12 para. 1 applied (with modifications) (1.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28, para. 10(1) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C19Sch. 12 para. 1(2)(b) modified (10.4.2001 with effect for the year 2001) by 2001 c. 7, s. 1(6)

2(1)A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.E+W

(2)Those other meetings shall be held at such hour and on such days as the council may determine.

Modifications etc. (not altering text)

C20Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

3(1)An extraordinary meeting of a principal council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed F94. . . by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then F94. . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.

Textual Amendments

Modifications etc. (not altering text)

C21Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

4(1)Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.E+W

[F95(1A)Five clear days at least before a meeting of a principal council in England—

(a)notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting, and authenticated by the proper officer of the council, shall be sent to every member of the council by an appropriate method.

(1B)In sub-paragraph (1A)—

(a)“authenticated” means signed or otherwise authenticated in such manner as the proper officer thinks fit; and

(b)the reference to sending the summons to a member by an appropriate method is to—

(i)leaving it at, or sending it by post to, the member’s usual place of residence, or

(ii)where the member has specified an address other than the member’s usual place of residence, leaving it at, or sending it by post to, that different address, or

(iii)where the member has given consent for the summons to be transmitted in electronic form to a particular electronic address (and consent has not been withdrawn), sending it in electronic form to that address.]

(2) Three clear days at least before a meeting of a principal council [F96in Wales [F97or, if the meeting is convened at shorter notice, then at the time it is convened ]]

(a)notice [F98of the intended meeting containing the information required by sub-paragraph (2A) must be published electronically], and where the meeting is called by members of the council the notice shall [F99set out the names of] those members and shall specify the business proposed to be transacted thereat; and

(b)a summons to attend the meeting, specifying the business to be transacted thereat, and [F100authenticated] by the proper officer of the council, [F101must, subject to sub-paragraph (3), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.]

[F102(2A)The information required to be in a notice under sub-paragraph (2)(a) consists of—

(a)where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it;

(b)where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it;

(c)where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public;

(d)where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public.

(2B)In sub-paragraph (2A), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).]

[F103(2C)In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.]

(3)If a member of a principal council [F104in Wales] gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at [F105 an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address. ]

(4)Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.

(5)Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Textual Amendments

F95Sch. 12 para. 4(1A)(1B) inserted (E.) (30.1.2015) by The Local Government (Electronic Communications) (England) Order 2015 (S.I. 2015/5), arts. 1(1), 2(2) [Editorial note: This amendment supersedes the previous substitution of words (E.) (30.3.2014) in Sch. 12 para. 4(2) by Local Audit and Accountability Act 2014 (c. 2), ss. 40(6)(11), 49(2)]

Modifications etc. (not altering text)

C22Sch. 12 paras. 2-5 applied (with modifications) (1.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C23Sch. 12 para. 4(2) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 86(9)

C24Sch. 12 para. 4(2) restricted by S.I. 1985/1884, art. 11(3)

[F1064A(1)The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.E+W

(2)Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F106Sch. 12 para. 4A inserted (1.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 98(1)(2), 108(4); S.I. 2000/2187, art. 3

5(1)At a meeting of a principal council the chairman, if present, shall preside.E+W

(2)If the chairman is absent from a meeting of a principal council, then—

(a)F107. . ., the vice-chairman of the council, if present, shall preside;

F108(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a London borough council, the deputy mayor, if at that time he remains a councillor F109. . . and is chosen for that purpose by the members of the council then present, shall preside.

(3)If—

(a)in the case of a principal council F110. . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;

F111(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;

another member of the council chosen by the members of the council present shall preside.

[F112(4)A member of an executive of a principal council [F113, or an assistant to the executive,] may not be chosen to preside under sub-paragraph (3) above.

F112(5)Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive F114. . . . ”]

Textual Amendments

F109Words repealed by S.I. 1977/1710, art. 3(c)

F112Sch. 12 para. 5(4)(5) inserted (26.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 14(1)(2); S.I. 2000/2849, art. 2(e)

F114Words in Sch. 12 para. 5(5) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 12(2) and said words repealed (prosp.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 3

Modifications etc. (not altering text)

C25Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

6E+WSubject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.

Modifications etc. (not altering text)

C26Sch. 12 para. 6 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

C27Sch. 12 para. 6 modified by S.I. 2020/156, art. 6(7)(9) (as substituted (E.) (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

C28Sch. 12 para. 6 modified by S.I. 2019/957, art. 3(7) (as substituted (E.) (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 4)

[F1156ZA(1)A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.E+W

(2)Sub-paragraph (1) applies—

(a)only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and

(b)only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.

(3)If a request under sub-paragraph (2)(b) is made to a principal council, the council must—

(a)consider the request,

(b)give reasons for their decision to agree to or refuse the request, and

(c)publish those reasons in such manner as they think appropriate.

(4)If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—

(a)paragraph 3(2);

(b)paragraph 4(1A);

(c)paragraph 5(3);

(d)paragraph 6;

(e)paragraph 39;

(f)paragraph 40;

(g)paragraph 41(3);

(h)paragraph 43.

(5)In this paragraph “relevant police and crime commissioner”, in relation to a principal council, means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the principal council, or

(b)all or part of whose area falls within the area of the principal council.]

Textual Amendments

F115Sch. 12 Pt. 1 para. 6ZA inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

Modifications etc. (not altering text)

[F116Part IAE+W Joint Authorities and Inner London Education Authority

Textual Amendments

[F1176A(1)Paragraph 1 above applies to a joint authority [F118, an economic prosperity board, [F119, a combined authority or a combined county authority]] F120.... . . as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.E+W

F121(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F119Words in Sch. 12 para. 6A substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 52 (with s. 247)

Modifications etc. (not altering text)

C30Sch. 12 para. 6A amended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)

C31Sch. 12 para. 6A modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

Sch. 12 para. 6A excluded (10.5.2000) by S.I. 2000/1095, art. 5(2)

C32Sch. 12 para. 6A(1) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 2

Sch. 12 para. 6A(1) modified (13.3.2004) by S.I. 2004/222, art. 4(2)

6BE+WThe other provisions of Part I of this Schedule [F122other than paragraph 6ZA] shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that

[F123(a)]the number of members mentioned in paragraph 3(2) shall be three, F124...

F124(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F122Words in Sch. 12 Pt. 1A para. 6B inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

F123Word in Sch. 12 para. 6B inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 15(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F125Sch. 12 para. 6B(c) and preceding word repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch. 6 para. 32(b)(ii), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art.4)

Modifications etc. (not altering text)

Part IIE+W Parish Councils

7(1)A parish council shall in every year hold an annual meeting.E+W

(2)In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.

(3)The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

Modifications etc. (not altering text)

C34Sch. 12 para. 7(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 3

8(1)A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine.E+W

(2)Those other meetings shall be held at such hour and on such days as the council may determine.

9(1)An extraordinary meeting of a parish council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

10(1)Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in [F126premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] unless no other suitable room is available either free of charge or at a reasonable cost.E+W

(2)Three clear days at least before a meeting of a parish council—

(a)notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

[F127(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and certified by the proper officer of the council, shall be sent to every member of the council by an appropriate method.]

[F128(2A)In sub-paragraph (2)—

(a)“authenticated” means signed or otherwise authenticated in such manner as the proper officer thinks fit; and

(b)the reference to sending the summons to a member by an appropriate method is to—

(i)leaving it at, or sending it by post to, the member’s usual place of residence, or

(ii)where the member has given consent for the summons to be transmitted in electronic form to a particular electronic address (and consent has not been withdrawn), sending it in electronic form to that address.]

(3)Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting.

11(1)At a meeting of a parish council the chairman of the council, if present, shall preside.E+W

(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3)If both the chairman and vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

12E+WSubject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

13(1)Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a parish council shall be by a show of hands.E+W

(2)On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

Modifications etc. (not altering text)

C37Sch. 12 para. 13(1) applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

Part IIIE+W Parish Meetings

14(1)The parish meeting of a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year.E+W

(2)Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.

(3)In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.

(4)The proceedings at a parish meeting shall not commence earlier than 6 o’clock in the evening.

(5)A parish meeting shall not be held in [F129premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

Textual Amendments

F129Words in Sch. 12 para. 14(5) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 61(3)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

15(1)A parish meeting may be convened by—E+W

(a)the chairman of the parish council, or

(b)any two parish councillors for the parish, or

(c)where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or

(d)any six local government electors for the parish.

(2)Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.

(3)The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to—

(a)the establishment or dissolution of a parish council, or

(b)the grouping of the parish with another parish or parishes under a common parish council.

(4)Public notice of a parish meeting shall be given—

(a)by posting a notice of the meeting in some conspicuous place or places in the parish, and

(b)in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

16E+WThe chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.

17(1)In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside.E+W

(2)In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.

(3)If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.

18(1)Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question.E+W

(2)A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3)In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4)[F130A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.]

(5)[F130A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under [F131section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act] shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.]

(6)[F130Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.]

[F132(7)A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting, subject to regulations made under sub-paragraph (8).

(8)The Secretary of State may by regulations make provision about polls consequent on parish meetings, in particular about—

(a)the questions arising at a meeting on which a poll may be demanded,

(b)the circumstances in which a poll may or must be taken (including provision as to the number of local government electors who must demand a poll for a poll to be taken), and

(c)the conduct of a poll.

(9)Regulations under sub-paragraph (8)(c) may apply any electoral enactment (with or without modifications) to polls consequent on parish meetings.

(10)In sub-paragraph (9) “electoral enactment” means an enactment which relates to elections or referendums.

(11)A statutory instrument containing regulations under sub-paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F130Sch. 12 para. 18(4)-(6) omitted (4.4.2014 for specified purposes) by virtue of Local Audit and Accountability Act 2014 (c. 2), ss. 42(2), 49(1); S.I. 2014/900, art. 2(g)

F132Sch. 12 para. 18(7)-(11) inserted (4.4.2014 for specified purposes) by Local Audit and Accountability Act 2014 (c. 2), ss. 42(3), 49(1); S.I. 2014/900, art. 2(g)

19(1)Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.E+W

(2)Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

20(1)Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish.E+W

(2)In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.

21(1)Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determined.E+W

(2)Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

22E+WIf any person, in a poll consequent on a parish meeting—

(a)fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b)without due authority supplies a ballot paper to any person; or

(c)fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d)fraudulently takes out of the polling station any ballot paper; or

(e)without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i)if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii)in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part IVE+W Community Councils

23(1)A community council shall in every year hold an annual meeting.E+W

(2)In a year which is a year of ordinary elections of community councillors, the annual meeting of a community council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the community council may determine.

(3)The annual meeting of a community council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

Modifications etc. (not altering text)

C39Sch. 12 para. 23(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 4

24(1)A community council may in every year hold, in addition to the annual meeting, such other meetings as the council may determine to hold for the transaction of their business.E+W

(2)Any of those other meetings shall be held at such hour and on such day as the council may determine.

25(1)An extraordinary meeting of a community council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

26[F133(1)Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.]E+W

(2)Three clear days at least before a meeting of a community council [F134or, if the meeting is convened at shorter notice, then at the time it is convened]

(a)notice [F135of the meeting containing the information required by sub-paragraph (2ZA)] shall be [F136published electronically and] fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall [F137set out the names of] those members and shall specify the business proposed to be transacted at the meeting; and

[F138(aa)any documents relating to the business to be transacted at the meeting must be published electronically (in so far as reasonably practicable),]

(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and [F139authenticated] by the proper officer of the council, [F140must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose. ]

[F141(2ZA)The information required to be in a notice under sub-paragraph (2)(a) consists of—

(a)where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it;

(b)where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it;

(c)where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public;

(d)where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public.

(2ZB)In sub-paragraph (2ZA), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).]

[F142(2A)The duty of a community council under sub-paragraph (2)(aa) to publish documents relating to the meeting does not apply where—

(a)the documents relate to business which in the opinion of the council is likely to be transacted in private, or

(b)the disclosure of such documents would be contrary to any enactment.]

[F143(2B)In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.

(2C)If a member of a community council gives notice in writing to the proper officer of the council that summonses to attend meetings of the council should be sent to the member at an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address.]

[F144(2D)At least three clear days before a meeting of a committee or sub-committee of a community council, notice of the time and place of the intended meeting must be published electronically and fixed in a conspicuous place in the community.

(2E)If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “ twenty four hours ”.]

(3)Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.

Textual Amendments

Modifications etc. (not altering text)

[F14526ZA(1)As soon as reasonably practicable after a meeting of a community council, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—W

(a)the names of the members who attended the meeting, and any apologies for absence;

(b)any declarations of interest;

(c)any decision taken at the meeting, including the outcomes of any votes.

(2)The duty under sub-paragraph (1)(c) to publish a note setting out any decisions does not apply—

(a)in relation to a decision relating to business which was transacted in private, or

(b)where disclosure of the information would be contrary to any enactment.]

Textual Amendments

F14626AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

27(1)At a meeting of a community council the chairman of the council, if present, shall preside.E+W

(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3)If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

[F14727A(1)This paragraph applies in respect of a meeting or part of a meeting of a community council which is open to the public.E+W

(2)The person presiding over the meeting must give members of the public in attendance a reasonable opportunity to make representations about any business to be transacted at the meeting, unless that person considers that doing so is likely to prejudice the effective conduct of the meeting.

(3)In complying with sub-paragraph (2), the person presiding over the meeting must have regard to any guidance issued by the Welsh Ministers about the function in that sub-paragraph.]

28E+WSubject to paragraph 45 below, no business shall be transacted at a meeting of a community council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

29[F148(1)The manner of voting at meetings of a community council is to be decided by the council, but (if a vote is necessary on the question) the proper officer is to determine the manner of voting on that decision; if agreement cannot be reached, the proper officer is to determine the manner of voting on all other matters.]E+W

(2)On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

F14929AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VE+W Community Meetings

30(1)[F150Where there is a community council for a community, a community meeting may be convened at any time by the chairman of the council or by any two councillors representing the community on the council.]E+W

[F151(2)Except in a case falling within sub-paragraph (3) below, public notice of [F152a community meeting convened under sub-paragraph (1) above] shall be given not less than 7 clear days before the meeting.

(3)Where any business proposed to be transacted at [F153a community meeting convened under sub-paragraph (1) above] relates to [F154the existence of the community council or the grouping of the community with other communities], public notice of the meeting shall be given not less than 30 clear days before the meeting.

(3A)The notice required by sub-paragraph (2) or (3) above shall—

(a)specify the time and place of the intended meeting;

(b)specify the business to be transacted at the meeting; and

(c)be signed by the person or persons convening the meeting.]

(4)Public notice of [F153a community meeting convened under sub-paragraph (1) above] shall be given—

(a)by posting a notice of the meeting in some conspicuous place or places in the community, and

(b)in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

[F155(5)For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.]

Textual Amendments

F151Sch. 12 para. 30(2)(3)(3A) substituted (1.4.1996) for Sch. 12 para. 30(2)(3) by 1994 c. 19, s. 12(2); S.I. 1995/3198, art. 3, Sch. 1

F152Words in Sch. 12 para. 30(2) substituted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 88(1)(b), 178(3); S.I. 2012/1187, art. 2(1)(k)

F153Words in Sch. 12 para. 30(3)(4) substituted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 88(1)(c), 178(3); S.I. 2012/1187, art. 2(1)(k)

F154Words in Sch. 12 para. 30(3) substituted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 88(1)(d), 178(3) (with s. 115); S.I. 2012/1187, art. 2(1)(k)

[F15630AE+WA community meeting may also be convened at any time by not less than—

(a)10% of the local government electors for the community, or

(b)50 of the electors (if 10% of the electors exceeds 50 electors).]

Textual Amendments

[F15730B(1)Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—E+W

(a)in a case where there is a community council for the community, to the community council, or

(b)in a case where there is no community council for the community, to the principal council within whose area the community lies.

(2)The notice must contain—

(a)unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;

(b)unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;

(c)the business which is proposed to be transacted at the meeting;

(d)the proposed time and place at which the meeting is to be held.

[F158(3)The notice must be given—

(a)in writing (but not in an electronic form), or

(b)in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.]

(4)In sub-paragraph (2) above—

(a)address” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;

(b)signature” means—

(i)where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;

(ii)where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.

(5)This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.

(6)Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—

(a)need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and

(b)need not include a signature in respect of the individual.

(7)Where a notice is in electronic form, it is to be treated as given to a principal council [F159or community council] when the notice is given in accordance with whatever requirements the [F160principal council] has set as to the giving of such notices under paragraph 30C(2) below.]

[F16130C[F162(1)For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).]E+W

(2)[F163A principal council must set for its area] and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—

(a)the authentication requirements to be met by an electronic signature included within an electronic notice, and

(b)the other technical requirements to be met by and in relation to an electronic notice.]

[F16430D(1)Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—E+W

(a)whether the group of individuals to whom the notice relates is comprised of—

(i)at least 50 local government electors for the community in question, or

(ii)at least 10% of the local government electors for the community in question, and

(b)whether the notice meets the requirements of paragraph 30B above.

(2)If the council is of the opinion that—

(a)the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and

(b)the notice meets the requirements of paragraph 30B above,

the council must give a public notice in accordance with paragraph 30E below.

(3)If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.

(4)The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.

(5)In sub-paragraph (4) above, “relevant registration officer” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.]

Textual Amendments

[F16530E(1)The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.E+W

(2)Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.

(3)Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.

(4)The public notice must—

(a)specify the time and place of the intended meeting;

(b)specify the business to be transacted at the meeting;

(c)be signed by the proper officer.

(5)In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.

(6)The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.

(7)Public notice of a community meeting shall be given—

(a)by posting a notice of the meeting in some conspicuous place or places in the community,

[F166(aa)by publishing the notice electronically, and]

(b)in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.

(8)For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.]

Textual Amendments

31E+WThe chairman of a community council shall be entitled to attend a community meeting for the community (or, where a grouping order is in force, for any of the communities comprised in the group) whether or not he is a local government elector for the community, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 34(3) below.

32(1)The proceedings at a community meeting shall not commence earlier than 6 o’clock in the evening.E+W

(2)A community meeting shall not be held in [F167premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

Textual Amendments

F167Words in Sch. 12 para. 32(2) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 61(3)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

33(1)In a community for which there is a community council, the chairman of the council, if present, shall preside at a community meeting.E+W

(2)In any other case, a community meeting shall appoint a person to be chairman at that meeting.

34(1)Subject to the provisions of this Act, each local government elector may, at a community meeting or at a [F168community governance poll], give one vote and no more on any question.E+W

(2)A question to be decided by a community meeting shallF169... be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final F170....

(3)In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

F171(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F172(5)The Welsh Ministers may by regulations make provision about the conduct of community governance polls.

(6)Regulations under sub-paragraph (5) may apply any enactment relating to elections or referendums (with or without modifications) to community governance polls.

(7)A statutory instrument containing regulations under sub-paragraph (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.]

[F173(8)In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.]

35(1)Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the [F174principal area] in which the community is situated and shall be signed at the conclusion of the community meeting by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.E+W

(2)Until the contrary is proved, a community meeting in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified.

Textual Amendments

F174Words in Sch. 12 para. 35(1) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 62; S.I. 1996/396, art. 4, Sch. 2

36E+WSubject to the provisions of this Act a community meeting may regulate their own proceedings and business.

[F17536A(1)The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to community meetings and concerning the holding of such meetings and their conduct.E+W

(2)Regulations under sub-paragraph (1) may, in particular, include provision about—

(a)arrangements relating to the holding of community meetings attended by persons who are not in the same place;

(b)the convening of community meetings;

(c)the production, publication, dissemination and content of notices of community meetings;

(d)the recording of decisions made at community meetings;

(e)the functions of principal councils and community councils in relation to community meetings;

(f)eligibility to attend and to vote at community meetings.

(3)Regulations under sub-paragraph (1) may include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act)).

(4)A statutory instrument containing regulations under sub-paragraph (1) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.

Textual Amendments

F175Sch. 12 paras. 36A, 36BA inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 51, 175(1)(b)

36BAE+Wprincipal council and a community council exercising functions in relation to community meetings must have regard to any guidance about the exercise of those functions issued by the Welsh Ministers.]

Textual Amendments

F175Sch. 12 paras. 36A, 36BA inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 51, 175(1)(b)

37(1)Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a [F176poll consequent on a community meeting] [F176community governance poll] on such terms and conditions as the Treasury may determine.E+W

(2)Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

38E+WIf any person, in a [F177poll consequent on a community meeting] [F177community governance poll]

(a)fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b)without due authority supplies a ballot paper to any person; or

(c)fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d)fraudulently takes out of the polling station any ballot paper; or

(e)without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i)if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii)in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

F17838AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17938BE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIE+W Provisions Relating to Local Authorities Generally

Modifications etc. (not altering text)

C42Sch. 12 Pt. 6 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt. 6: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

C43Sch. 12 Pt. 6 applied (07.08.1991) by S.I.1991/1773, art. 6, 8, Sch. 1.

Sch. 12 Pt. 6: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

C44Sch. 12 Pt. 6 (paras. 39–45) applied with modifications by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 1(7), 23(2), 27(2), Sch. 1 para. 4(8)

Sch. 12 Pt. 6 (paras. 39-45) extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(1)(a)

Sch. 12 Pt. 6 (paras. 39-45) applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1); S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Sch. 12 Pt. 6 (paras. 39-45) applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Sch. 12 Pt. 6 (paras. 39-45) applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Sch. 12 Pt. 6 applied (1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(4) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C46Sch. 12 Pt. 6 applied (with modifications) (E.) (24.3.2011) by virtue of The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C48Sch. 12 Pt. 6 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

39(1)Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority.E+W

(2)Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

Modifications etc. (not altering text)

C50Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C51Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C52Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C53Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C54Sch. 12 para. 39(1) excluded (3.7.2000) by 1999 c. 29, s. 244(8)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

40E+WThe names of the members present at a meeting of a local authority shall be recorded.

Modifications etc. (not altering text)

C53Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C55Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C56Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C57Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

41(1)Minutes of the proceedings of a meeting of a local authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next [F180suitable] meeting of the authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.E+W

(2)Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of a local authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next [F180suitable] meeting of the authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(3)Until the contrary is proved, a meeting of a local authority a minute of whose proceedings has been made and signed in accordance with this paragraph 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.

[F181(4)For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.]

Textual Amendments

Modifications etc. (not altering text)

C53Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C60Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C61Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C62Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

42E+WSubject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Modifications etc. (not altering text)

C53Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C64Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 42 applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(d)

Sch. 12 para. 42: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C65Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C66Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

43E+WThe proceedings of a local authority shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

Modifications etc. (not altering text)

C53Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C67Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C68Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C69Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C70Sch. 12 para. 43 excluded by 1990 c. 8, s. 319ZB(3) (as inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 39(1), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(a))

44(1)Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority.E+W

(2)Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

Modifications etc. (not altering text)

C71Sch. 12 para. 44 excluded by Education (No. 2) Act 1986 (c. 61, SIF 41:1), ss. 26(4), 66, Sch. 3 para. 15

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 44 excluded (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 16 para. 15(2)

Sch. 12 para. 44 excluded (1.11.1996) by 1996 c. 56, ss. 423, 583(2), Sch.33 Pt. II para. 15(2)

C72Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

45E+WWhere more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole number of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority.

[F18246E+WIn this Part of this Schedule “local authority” includes a joint authority F183.... . . F184. . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.]

Textual Amendments

Modifications etc. (not altering text)

C74Sch. 12 para. 46 extended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)

C75Sch. 12 para. 46 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

[F185SCHEDULE 12AE+WACCESS TO INFORMATION: EXEMPT INFORMATION

PART 1E+WDESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND

Modifications etc. (not altering text)

C81Sch. 12A Pts. 1-3 applied (with modifications) (1.4.2015) by The Local Audit (Auditor Panel) Regulations 2014 (S.I. 2014/3224), regs. 1(1), 9(2) (with reg. 1(3))

C82Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

1E+WInformation relating to any individual.

Modifications etc. (not altering text)

C84Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C85Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

2E+WInformation which is likely to reveal the identity of an individual.

Modifications etc. (not altering text)

C88Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C89Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

3E+WInformation relating to the financial or business affairs of any particular person (including the authority holding that information).

Modifications etc. (not altering text)

C91Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C92Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

4E+WInformation relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Modifications etc. (not altering text)

C94Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C95Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

5E+WInformation in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Modifications etc. (not altering text)

C97Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C98Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

6E+WInformation which reveals that the authority proposes—

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

Modifications etc. (not altering text)

C100Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C101Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

7E+WInformation relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Modifications etc. (not altering text)

C103Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C104Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

PART 2E+WQUALIFICATIONS: ENGLAND

Modifications etc. (not altering text)

C105Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

8E+WInformation falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a)[F186the Companies Acts (as defined in section 2 of the Companies Act 2006)];

(b)the Friendly Societies Act 1974 M3;

(c)the Friendly Societies Act 1992 M4;

[F187(d)the Co-operative and Community Benefit Societies Act 2014;]

(e)the Building Societies Act 1986 M5; or

[F188(f)the Charities Act 2011.]

Textual Amendments

F188Sch. 12A para. 8(f) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 28 (with s. 20(2), Sch. 8)

Modifications etc. (not altering text)

C107Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C108Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

Marginal Citations

9E+WInformation is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission [F189or permission in principle] pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M6.

Textual Amendments

Modifications etc. (not altering text)

C110Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C111Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

Marginal Citations

10E+WInformation which—

(a)falls within any of paragraphs 1 to 7 above; and

(b)is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Modifications etc. (not altering text)

C113Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C114Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

PART 3E+WINTERPRETATION: ENGLAND

Modifications etc. (not altering text)

C115Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

11(1)In Parts 1 and 2 and this Part of this Schedule—E+W

  • employee” means a person employed under a contract of service;

  • financial or business affairs” includes contemplated, as well as past or current, activities;

  • labour relations matter” means—

    (a)

    any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M7(matters which may be the subject of a trade dispute, within the meaning of that Act); or

    (b)

    any dispute about a matter falling within paragraph (a) above;

    and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • registered” in relation to information required to be registered under the Building Societies Act 1986 M8, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a)in the case of a principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to—

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to—

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.

Modifications etc. (not altering text)

C117Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C118Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

Marginal Citations

[F190 PART 4 E+WDESCRIPTIONS OF EXEMPT INFORMATION: WALES

12E+WInformation relating to a particular individual.

13E+WInformation which is likely to reveal the identity of an individual.

14E+WInformation relating to the financial or business affairs of any particular person (including the authority holding that information).

15E+WInformation relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

16E+WInformation in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

17E+WInformation which reveals that the authority proposes —

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

18E+WInformation relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.]

[F191 PART 5 E+WQUALIFICATIONS: WALES

19E+WInformation falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —

(a)[F192the Companies Acts (as defined in section 2 of the Companies Act 2006)];

(b)the Friendly Societies Act 1974 M9;

(c)the Friendly Societies Act 1992 M10;

[F193(d)the Co-operative and Community Benefit Societies Act 2014;]

(e)the Building Societies Act 1986 M11; or

[F194(f)the Charities Act 2011.]

Textual Amendments

F194Sch. 12A para. 19(f) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 28 (with s. 20(2), Sch. 8)

Marginal Citations

20E+WInformation is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M12.

Marginal Citations

21E+WInformation which —

(a)falls within any of paragraphs 12 to 15, 17 and 18 above; and

(b)is not prevented from being exempt by virtue of paragraph 19 or 20 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.]

[F195 PART 6 E+WINTERPRETATION: WALES

22(1)In Parts 4 and 5 and this Part of this Schedule —E+W

  • employee” means a person employed under a contract of service;

  • financial or business affairs” includes contemplated, as well as past or current, activities;

  • labour relations matter” means —

    (a)

    any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M13 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

    (b)

    any dispute about a matter falling within paragraph (a) above;

    and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • registered” in relation to information required to be registered under the Building Societies Act 1986 M14, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a)in the case of a principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to —

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to —

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.]]

Marginal Citations

Section 137(4)(a)

[F196SCHEDULE 12BE+WAppropriate sum under section 137(4)

Textual Amendments

F196Sch. 12B inserted (27.11.2003 for W. and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 118(2), 128; S.I. 2003/3034, art. 2, Sch. 1 Pt. I; S.I. 2003/2938, art. 7(a) (subject to art. 8, Sch.)

1E+WThis Schedule has effect to determine for the purposes of section 137(4)(a) above the sum that is for the time being appropriate to a local authority.

2E+WThe sum appropriate to the local authority for the financial year in which section 118 of the Local Government Act 2003 comes into force is £5.00.

3(1)For each subsequent financial year, the sum appropriate to the local authority is the greater of the sum appropriate to the authority for the financial year preceding the year concerned and the sum produced by the following formula—E+W

(2)A is the sum appropriate to the local authority for the financial year preceding the year concerned.

(3)B is the retail prices index for September of the financial year preceding the year concerned.

(4)C is the retail prices index for September of the financial year which precedes that preceding the year concerned except where sub-paragraph (5) below applies.

(5)Where the base month for the retail prices index for September of the financial year mentioned in sub-paragraph (4) above (the first year) differs from that for the index for September of the financial year mentioned in sub-paragraph (3) above (the second year), C is the figure which the Secretary of State calculates would have been the retail prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year.

(6)References in sub-paragraphs (3) to (5) above to the retail prices index are to the general index of retail prices (for all items) published by the [F197Statistics Board] .

(7)If that index is not published for a month for which it is relevant for the purposes of any of those sub-paragraphs, the sub-paragraph shall be taken to refer to any substituted index or index figures published by [F198the Board] .

(8)For the purposes of sub-paragraph (5) above, the base month for the retail prices index for September of a particular year is the month—

(a)for which the retail prices index is taken to be 100, and

(b)by reference to which the index for the September in question is calculated.

(9)In calculating the sum produced by the formula in sub-paragraph (1) above a part of a whole (if any) shall be calculated to two decimal places only—

(a)adding one hundredth where (apart from this sub-paragraph) there would be five, or more than five, one-thousandths, and

(b)ignoring the one-thousandths where (apart from this sub-paragraph) there would be less than five one-thousandths.

4E+WBefore the beginning of a financial year, the appropriate person may by order provide for a different sum to have effect as the sum appropriate to a local authority for the year in place of the sum calculated for the year in accordance with paragraph 3 above.

5E+WIn paragraph 4 above “the appropriate person” means—

(a)as respects England, the Secretary of State;

(b)as respects Wales, the National Assembly for Wales.

6E+WAn order under paragraph 4 above may make different provision in relation to local authorities of different descriptions.

7E+WAn order under paragraph 4 above made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Section 172.

SCHEDULE 13E+W Loans and Other Financial Provisions

Part IE+W

F1991–22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W Amendments with Respect to Finance and Rating

F20023E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Rural Water Supplies and Sewerage Act 1944E+W

24 F201E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parish Councils Act 1957E+W

25 F202E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202Sch. 13, para. 25 repealed (21. 8. 1998) by S.I.1991/1730, arts. 1, 2(1), Sch. 1.

F20326E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20427E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M15General Rate Act 1967E+W

Marginal Citations

28(1)The M16General Rate Act 1967 shall be amended in accordance with the following provisions of this paragraph.E+W

X1(2)In section 2(2) for the words “rural district council” in both places where they occur, and in section 5(1)(e) for those words, there shall be substituted the words “ district council ”.

X1(3)In section 38(4), for the word “counties” there shall be substituted the words “ non-metropolitan counties and metropolitan districts ”.

X1(4)In section 67(2)(b) for sub-paragraphs (ii) and (iii) there shall be substituted the following paragraph:—

(ii)in respect of any rating district.

X1(5)In section 112, the words “or urban district”, “or district” and “rural” shall cease to have effect.

X1(6)In section 115, for the definition of “rating district” there shall be substituted the following definition:— rating district” means—

(a)as respects Greater London, a rating area or, subject to paragraph 8(1)(b) of Schedule 4 to this Act, any part of a rating area which is subject to separate or differential rating (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910 or the City of London (Tithes) Act 1947);

(b)except as respects Greater London—

(i)any part of a rating area which is subject to separate or differential rating ;

(ii)in a parish or community part of which is so subject, the part which is not so subject;

(iii)a parish no part of which is so subject ;

(iv)a community which is not co-extensive with the area of a district and no part of which is so subject ;

(v)any part of a rating area in England not falling within sub-paragraph (i), (ii) or (iii) above;

Editorial Information

X1The text of Sch. 13 paras. 24, 25, 28(2)–(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

29(1)Sections 88, 89 and 91 of the said Act of 1967 shall have effect subject to the following provisions of this paragraph.E+W

(2)It shall be the duty of every new county council to make and submit to the Secretary of State not later than a date prescribed for the purposes of this sub-paragraph a scheme for the constitution of a local valuation panel for the county or two or more local valuation panels for areas which together comprise the whole of the county.

(3)A county council may discharge the said duty by making and submitting to the Secretary of State a joint scheme with one or more other county councils for the constitution of a local valuation panel or local valuation panels for the whole of their respective counties, or for areas which together comprise the whole of their respective counties.

(4)A scheme under this paragraph shall be treated for all purposes as having been made under section 91(1)(a) of the said Act of 1967 and submitted to the Secretary of State under section 91(3) of that Act.

(5)Any such scheme approved by the Secretary of State under section 91(5) of that Act shall not come into operation until a date prescribed for the purposes of this sub-paragraph.

(6)Any scheme in force for the purposes of section 88 of that Act immediately before 1st April 1974 for an existing county or county borough shall, notwithstanding the abolition or alteration of the county or borough but subject to section 91(1) of that Act, continue in force until a date prescribed for the purposes of this sub-paragraph and shall then expire.

(7)Any vacancy occurring before the date prescribed for the purposes of this sub-paragraph in the membership of a local valuation panel constituted under a scheme continued in force by sub-paragraph (6) above shall—

(a)if the area for which the panel is constituted is co-extensive with or wholly comprised in the area of a new county, be filled by a person appointed by the council of that county;

(b)otherwise, be filled by a person appointed jointly by the councils for those counties which include any part of the area for which the panel is constituted.

Section 180.

SCHEDULE 14E+W Amendment and Modification of Public Health Acts, Etc.

Part IE+W The M17Public Health Act 1936

Marginal Citations

X21E+WFor section 1 there shall be substituted the following section—

1(1)Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act into execution, that is to say—

(a)in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish or community council of any powers conferred upon such councils;

(b)in a London borough, the borough council;

(c)in the City of London, the Common Council; and

(d)in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively.

Editorial Information

X2The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2E+WAny reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3E+WF205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+WWithout prejudice to paragraph 2 above, the following provisions, that is to say, sections F206. . . [F20779, 80], F208. . ., 263 and 264 shall apply throughout the district of every local authority.

F2095–7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2108E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X39(1)For sections 87(1) and (2) there shall be substituted the following subsections:—E+W

(1)A county council, the Greater London Council, a local authority or a parish or community council may, subject to subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.

(2)Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority.

(2)In section 87(3) for the words “a county council or local” there shall be substituted the words “ any such council or ”.

Editorial Information

X3The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F21110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21312E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21413, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21515, 16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21617E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+WThe powers conferred by Part VIII on local authorities within the meaning of the M18Public Health Act 1936 shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.

Marginal Citations

19E+WF217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20E+WAny reference in section 278 to a local authority shall include a reference to a county council F218. . ..

Textual Amendments

21E+WF219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X422E+WIn section 343 for the definition of contributory place there shall be substituted the following definition:— “ “contributory place” means a rating district within the meaning of the General Rate Act 1967. ”.

Editorial Information

X4The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IIE+W Other Enactments

Public Health Acts 1875 to 1925E+W

23E+WSubject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.

24E+WParagraph 23 above shall not apply to the following enactments, that is to say—

(a)so much of section 160 of the M19Public Health Act 1875 as incorporates the provisions of the M20Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);

(b)section 171(4) of the said Act of 1875;

F220(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)sections 21, 82, 83 F221. . . of the M21Public Health Acts Amendment Act 1907; and

(e)sections 17 to 19 and 76 of the M22Public Health Act 1925;

and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.

25(1)Subject to [F222sub-paragraph (2)] below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).E+W

(2)A resolution under this paragraph disapplying—

(a)section 171(4) of the M23Public Health Act 1875;

F223(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 82, 83 F224. . . of the M24Public Health Acts Amendment Act 1907; or

(d)section 76 of the M25Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3)A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4)F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a)given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b)served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6)The date on which a resolution under this paragraph is to take effect shall—

(a)F226. . . be a date specified therein, being not earlier than one month after the date of the resolution; F227. . .

(b)F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

26E+WThe following enactments shall not extend to Greater London, that is to say—

(a)sections 160 and 171 of the M26Public Health Act 1875;

F228(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F229section] 80 of the M27Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M28Town Police Clauses Act 1847;

(d)sections 17 to 19, 75 and 76 of the M29Public Health Act 1925.

27(1)The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly.E+W

(2)This paragraph applies to the following enactments, that is to say—

(a)section 164 of the M30Public Health Act 1875;

(b)section 44 of the M31Public Health Acts Amendment Act 1890;

(c)Part VI of the M32Public Health Acts Amendment Act 1907, as amended by Part VI of the M33Public Health Act 1925.

28E+WA district council [F230or, where they are not the highway authority, the council of a Welsh principal area] shall not without the consent of the highway authority—

(a)provide a clock under section 165 of the M34Public Health Act 1875 in a case where it overhangs a highway; or

(b)exercise any power under section 40 or 42 of the M35Public Health Acts Amendment Act 1890 or section 14 or 75 of the M36Public Health Act 1925 in relation to a highway.

29E+WA highway authority who are not a local authority within the meaning of the M37Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.

Marginal Citations

30E+WAny reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M38London Government Act 1963, be construed as a reference to the Greater London Council alone.

Marginal Citations

31E+WA local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M39Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.

Marginal Citations

32E+WSo much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.

33E+WF231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M40Parish Councils Act 1957E+W

Marginal Citations

X534E+WIn section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word “council”, in the second place where it occurs, there shall be substituted the words “ The council of a parish or community or, in the case of a parish for which there is no parish council ”and for the words “in that part of the parish, as the case may be” there shall be substituted the words “ community, or in any part thereof ”.

Editorial Information

X5The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M41Public Health Act 1961E+W

Marginal Citations

35E+WF232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36E+WF233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37E+WThe powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.

F23438, 39.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40E+WThe powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.

F23541E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42E+WThe powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.

F23643E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M42 The Local Government Act 1966E+W

Marginal Citations

44E+WF237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23845E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23946, 47.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24048E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M43 The Deposit of Poisonous Waste Act 1972E+W

Marginal Citations

X649E+WIn section 5(1) of the Deposit of Poisonous Waste Act 1972, for paragraph (a) there shall be substituted the following paragraphs:—

(a)in England, county councils and the Greater London Council;

(aa)in Wales, district councils ; and.

Editorial Information

X6The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F241F241SCHEDULE 15E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 182.

SCHEDULE 16E+W Functions Under, and Amendment and Modification of, Enactments Relating to Town and Country Planning

Part IE+WM46Town and Country Planning Act 1971

Marginal Citations

Structure and local plansE+W

F2431–3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2444–47E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24548E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F245Sch. 16 para. 48 repealed by Town and Country Amenities Act 1974 (c. 32), Sch. and expressed to be repealed by Planning(Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 3 Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F24649–53E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W Other Enactments

F24754E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M47Land Compensation Act 1961E+W

Marginal Citations

55(1)[F248In England, elsewhere] than in Greater London [F249, a metropolitan county] or a National Park the functions of a local planning authority of determining applications and issuing certificates under section 17 of the M48Land Compensation Act 1961 shall—E+W

(a)in the case of an application specifying only a [F250description] of development which appears, or [F251descriptions] of development each of which appear, to the district planning authority to relate to a county matter, be exercised by the county planning authority;

(b)in any other case, be exercised by the district planning authority.

F252(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.

(4)A county planning authority determining any such application shall consult with the district planning authority on the question whether planning permission for development of any [F253description] which appears to the former not to relate to a county matter [F254would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.]

(5)A district planning authority determining any such application shall consult with the county planning authority on the question whether planning permission for development of any [F253description] which appears to the former to relate to a county matter [F254would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.]

(6)A county planning authority by whom a certificate is issued under section 17 of the M49Land Compensation Act 1961 shall notify the district planning authority of the terms of the certificate and the district planning authority by whom a certificate is so issued shall, if it [F255identifies] development relating to a county matter, notify the county planning authority of the terms of the certificate.

(7)In this paragraph “county matter” has the meaning ascribed to it by [F256paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990].

Textual Amendments

F248Words in Sch. 16 para. 55(1) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 64(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F252Sch. 16 para. 55(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F254Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2; 103:1, 2), s. 193, Sch. 33 para. 13 in relation to applications made after 12.12.1975

Marginal Citations

F25756E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25857E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W

F25958, 59.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 184.

SCHEDULE 17E+W Functions with Respect to National Parks and the Countryside

F260Part IE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part IIE+W Survey of Public Paths, Etc.

F29322, 23.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24E+WWhere on any such survey of any area under section 27 of the 1949 Act a draft map and statement has, but a provisional map and statement has not, been published before 1st April 1974, the county council may if they think fit take no further steps in relation to the draft map and statement and instead prepare a new draft map and statement for that area under that section and that section and sections 28 and 29 of that Act (survey information, and representations and objections) shall apply to the new review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.

25E+WWhere on any such review of any area under any of the provisions mentioned in paragraph 22 above no revised draft map and statement has been published before 1st April 1974, the review shall be abandoned and the county council shall begin a new review of that area or so much of it as lies within the county after that date under those provisions, and those provisions shall apply to the review subject to such exceptions and modifications as the Secretary of State may in any particular case direct.

26E+WWhere a revised map and statement has been published in draft before that date under any of those provisions, but a revised map or statement has not been published in provisional or, as the case may be, definitive form, before 1st April 1974, the county council may if they think fit take no further steps in relation to the draft revised map and statement and instead prepare and publish a new revised map and statement in that form for that area under those provisions, and those provisions shall apply to the new review, subject to such exceptions and modifications as the Secretary of State may in any particular case direct.

27E+WAny area to which sections 27 to 34 of the 1949 Act (the survey provisions) do not apply immediately before 1st April 1974 by virtue of the fact that it is or forms part of an existing county borough shall on and after that date continue to be excluded from the operation of those sections except so far as they are adopted under section 35(2) of that Act as respects the whole or part of that area.

F29428E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29E+WWhere in consequence of any survey, review, further review or special review begun under any of the provisions mentioned in paragraph 22 above two or more definitive maps and statements are prepared whether before or after 1st April 1974 for different parts of a new county, the county council shall not take any further steps under those provisions in relation to those maps and statements until all such maps and statements have been prepared for the whole of their area (less any part of it excluded by paragraph 27 above).

30E+WWhere all such maps and statements have been prepared for the whole of that area, the county council shall at one and the same time review the particulars contained in each of those maps and statements; and accordingly section 33 of the 1949 Act and Parts II to IV of Schedule 3 to the 1968 Act (periodical revision of maps and statements) shall apply as if the relevant date for the purposes of each of those maps and statements were the earliest of the relevant dates specified therein or such later date as, on the application of the county council, the Secretary of State may in any particular case direct.

31E+WWhere the Secretary of State gives a direction under this Part of this Schedule, he shall take such steps as he thinks appropriate for bringing it to the notice of persons who may be affected by it.

32E+WSection 28(3) of the 1949 Act shall not apply to Wales and in that subsection the word “rural” shall be omitted and for the words “representative body of the parish or a member of that body” there shall be substituted the words “chairman of the parish meeting or any person representing the parish on the district council”.

33E+WIn this Part of this Schedule any reference to a definitive map and statement includes a reference to a revised map and statement prepared in definitive form.

Part IIIE+W Miscellaneous Modifications of 1949 and 1968 Acts

Establishment of nature reserves by local authoritiesE+W

34E+WThe powers conferred on a county council by sections 21 and 99(6) of the 1949 Act (nature reserves) shall also be exercisable as respects any district by the district council and references in those sections and section 22 of that Act to a local authority shall be construed accordingly.

Access to open countryE+W

F29535E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

35AE+WF296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F296Sch. 17 para. 35A repealed (28.5.2005 for W. and otherwise prosp.) by 2000 c. 37, ss. 102, 103(3), Sch. 16 Pt 1.; S.I. 2005/423, art. 2(f)(i)

36E+WAny county planning authority may require any other local planning authority having functions under Part V of the 1949 Act within the area of the county planning authority to give the county planning authority such information as may facilitate the discharge of the latter’s functions under section 62(2) or 63(1) of that Act (securing access) or section 78(1) of that Act (maps of land subject to public access).

37E+WThe functions of a local planning authority under section 67, 68, 81 or 82 of the 1949 Act or section 20 of the 1968 Act (supplementary provisions as to access to land) in relation to land [F297in England] which is the subject of an access agreement or order under Part V of the 1949 Act, and the functions of such an authority under section 70 of the 1949 Act in relation to such land and any land held therewith, shall be functions of the authority by whom the agreement or order was made or, where such an order was made by a Minister of the Crown, of the county planning authority, and in those sections, in their application to such land, references to a local planning authority shall be construed accordingly.

Textual Amendments

Modifications etc. (not altering text)

C130Sch. 17 para. 37 excluded (19.9.1995) by 1995 c. 25, ss. 68(1), 125(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

MiscellaneousE+W

X738E+WSection 89(2A) of the 1949 Act (treatment of derelict land) shall cease to have effect.

Editorial Information

X7The text of Sch. 17 paras. 38, 39 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X839E+WSection 90(2) of the 1949 Act (byelaws) shall cease to have effect and in section 90(4) of that Act for the reference to a local authority there shall be substituted a reference to the local planning authority.

Editorial Information

X8The text of Sch. 17 paras. 38, 39 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

40E+WIn section 111 of the 1949 Act (Isles of Scilly) references to that Act shall include references to section 184 above and this Schedule.

41E+WIn paragraph 1(3)(a) and 2(5) of Schedule 1 to the 1949 Act (procedure on orders designating National Parks) for references to the local planning authority there shall be substituted references to the county planning authority.

Section 185.

F298SCHEDULE 18E+W AMENDMENTS OF M52TOWN DEVELOPMENT ACT 1952

F2991E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X92E+WIn section 4, in subsection (1) for the words “county borough of county district” there shall be substituted the words “county or district or the Greater London Council”.

Editorial Information

X9The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X103E+WIn section 7, for paragraphs (a) to (c) there shall be substituted the following paragraphs:—

(a)the council of a district which is not a receiving district;

(b)the Greater London Council;

(c)the council of a county, or;

and in paragraph (d) after the words “1945” there shall be inserted the words “under section 181 of the Local Government Act 1972”.

Editorial Information

X10The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X114E+WIn section 8(1), F300. . . in paragraph (c) for the words “county borough” in each place where they occur, there shall be substituted the word “district”.

Editorial Information

X11The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

X125E+WIn section 10(3), for the words “county borough or county district” there shall be substituted the words “county or district or the Greater London Council”.

Editorial Information

X12The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X136E+WIn section 11, for the words from “of the county” to “it is carried out” there shall be substituted the words “of a county” and for the words “by the council of a county borough” there shall be substituted the words “other district council”.

Editorial Information

X13The text of Sch. 18 paras. 2–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and , save as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 186.

SCHEDULE 19E+W AMENDMENTS OF ENACTMENTS RELATING TO ROAD TRAFFIC AND ABANDONED VEHICLES

PART IE+WM53THE ROAD TRAFFIC ACT 1972

Marginal Citations

X141E+WIn section 31(7), for the words “county borough or county district” there shall be substituted the word “ county ”.

Editorial Information

X14The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X152E+WIn section 33(4), for the words “of a borough or of an urban district” there shall be substituted the words “ or of a London borough ”.

Editorial Information

X15The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X163E+WIn section 35(5), in paragraph (a) for the words from “county borough” in the first place where they occur to the end of the paragraph there shall be substituted the words “ London borough ”, and the words “and in this subsection “county borough” includes a London borough” shall be omitted.

Editorial Information

X16The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X174E+WIn section 38, subsection (3) shall be omitted and in subsection (5)(a) for the words “a borough or an urban district” there shall be substituted the words “ or London borough ”.

Editorial Information

X17The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X185E+WIn section 43(3) for the words “of a borough, of an urban district” there shall be substituted the words “ of a district or London borough ”.

Editorial Information

X18The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X196E+WIn section 196(1) in the definition of “highway authority”, the words “the council of a county borough, the council of a non-county borough or an urban district” shall be omitted.

Editorial Information

X19The text of Sch. 19 paras. 1–6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IIE+W

F3017–32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIIE+W

F30233–36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303SCHEDULE 20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 188.

SCHEDULE 21E+W AMENDMENTS OF ENACTMENTS RELATING TO HIGHWAYS

PART IE+W

F3041–95E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIE+W OTHER ENACTMENTS

F30596E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X2097E+WAt the end of section 57(3) of the M54National Parks and Access to the Countryside Act 1949 there shall be added the words “ or by the council of the district in which the notice is placed or maintained ”.

Editorial Information

X20The text of Sch. 21 paras. 97, 98 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F30698E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30799, 100.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F308SCHEDULE 22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 195.

X21SCHEDULE 23E+W AMENDMENTS OF ENACTMENTS CONFERRING SOCIAL SERVICES FUNCTIONS

Editorial Information

X21The text of Sch. 23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F3091E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2(1)In section 21 of the M55National Assistance Act in subsection (1), for the words from the beginning to “to provide” there shall be substituted the words “ Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing ” ; in subsection (2) of that section for the words “the exercise of their said duty” there shall be substituted the words “ making any such arrangements ”; subsection (3) of that section shall be, omitted ; and in subsection (4) of that section, for the words “said functions” there shall be substituted the words “ functions under this section ” and for the words “specified in the scheme” there shall be substituted the words “ determined in accordance with the arrangements ”.E+W

(2)In section 24 of that Act, in subsections (1) . . . F310 for the word “liable” there shall be substituted the word “ empowered ” ; in subsection (3) for the word “duty” there shall be substituted the word “ power ” ; and in subsection (4) of that section for the word “scheme” there shall be substituted the word “ arrangements ”.

(3)In section 26 of that Act, [F311in subsection (1) for the words “a scheme under section twenty-one thereof may provide that” there shall be substituted the words “ arrangements under section 21 thereof may include provision whereby ” and] in subsection (2) [F311of that section] for the words “such arrangements as aforesaid” there shall be substituted the words “ arrangements made by virtue of subsection (1) of this section ”.

(4)In section 29 of that Act, in subsection (1), for the words “shall have power to” there shall be substituted the words “ may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall ”; and subsections (2) and (3) of that section shall be omitted.

(5)In section 30(1) of that Act, for the words “if the scheme under the last foregoing section so provides” there shall be substituted the words “ in accordance with arrangements made under section 29 of this Act ”.

(6)In section 33(1) of that Act, for the words “the council of a county or county borough” there shall be substituted the words “ a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 ”.

[F312(7)In section 35(2) of that Act, the words from the beginning to “this Act”, in the first place where those words occur, shall be omitted.]

F313(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In section 48 of that Act, in subsection (4), for the words “the council of the county, county borough or large burgh” there shall be substituted the words “ the council which is the local authority for the purposes of the Local Authority Social Services Act 1970 and ”.

(11)In section 49 of that Act, for the words “the council of a county or county borough” there shall be substituted the words “ any such council as is referred to in section 48(4) of this Act ”.

F315(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)In section 56 of that Act, for subsection (3) there shall be substituted the following subsection:—

(3)Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the Local Authority Social Services Act 1970 and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.

F3163E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3174E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3185E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6(1)In section 3 of the M56Disabled Persons (Employment) Act 1958, in subsection (1), for the words “shall have power under this section to” there shall be substituted the words “ may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the authority’s area shall ” and the words from “and in relation to” to the end of the subsection shall be omitted in subsection (3) of that section the words from the beginning to “made thereunder” shall be omitted ; and in subsection (5) of that section for the words “or of a county borough” there shall be substituted the words “ other than a metropolitan county, or of a metropolitan district or London borough or the Common Council of the City of London ”.E+W

(2)In the Schedule, in paragraph 1(1)(c), for the words “thirty-two and thirty-four” there shall be substituted the words “ and 32 ” and in paragraph 1(2) the words “thirty-four” shall be omitted.

Marginal Citations

F3197E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3208E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9[F321(1)In the M57Mental Health Act 1959, in sections 8(1), F322. . . for the words “local health authorities” there shall be substituted the words “ local social services authorities ”.]E+W

(2)In sections F323. . ., 131, F323. . . and 142 of that Act for the words “local health authority” there shall be substituted the words “ local social services authority ”.

F324(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F325(4)–(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32610E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11E+WF327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments