The Local Authorities etc. (Miscellaneous Provision) (No. 3) Order 1975

Title and commencement

1.  This order may be cited as the Local Authorities etc. (Miscellaneous Provision) (No. 3) Order 1975 and shall come into operation on 12th November 1975.

Territorial extent of exercise of powers

2.  Subject to articles 5(1) and 8(1) and (2), this order is made by the Secretary of State for the Environment in relation to England and by the Secretary of State for Wales in relation to Wales.

Interpretation

3.—(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(2) In this order—

(a) references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment;

(b) references to any instrument shall be construed as references to that instrument as amended, extended or applied by any other instrument, including this order.

(3) Any reference in this order to a numbered article shall, unless the reference is to an article of a specified order, be construed as a reference to the article bearing that number in this order.

(4) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Miscellaneous amendments of public general Acts

4.—(1) In the Electric Lighting Act 1882, insection 31 (as set out in Part I of Schedule 4 to the Electricity Act 1947 and amended in the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974(1)), “metropolitan” shall be omitted.

(2) In the Electricity Act 1947, in section 67(1) (as so amended), in the definition of “local authority”, “metropolitan” shall be omitted.

(3) In the Caravan Sites and Control of Development Act 1960, in section 23, in subsection (2) (orders prohibiting the stationing of caravans), for “The council of a rural district” there shall be substituted “The council of a district”.

(4) In the Pipe-lines Act 1962, in section 35 (deposit of maps with local authorities), in subsection (6) (as amended as aforesaid), “metropolitan” shall be omitted.

Sale, etc., and development of land

5.—(1) This article is made by the Secretary of State for the Environment in relation to article 9 of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974(2) as amended by the Local Authorities etc. (Miscellaneous Provision) (No. 5) Order 1974(3), and by the Secretary of State for Wales in relation to article 7 of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974(4).

(2) In each such article—

in paragraph (4)

in sub-paragraph (b), “, not less than 30 days before completion of the transaction as between the parties,” shall be omitted; and

for sub-paragraph (c) there shall be substituted—

“(c) Any notice required by sub-paragraph (b) shall—

be given by recorded delivery;

indicate the purpose for which the land was held immediately before 1st April 1974;

indicate whether the land is registered;

if it is registered, indicate the title number;

if it is not registered, indicate the name and address of the purchaser, lessee or other disponee or of such persons as have been nominated by him or, if that is the case, that the proposal is to sell the land by auction or tender.”

; and

in paragraph (8), for “paragraphs (4) to (7)” there shall be substituted “paragraph (4)”.

(3) Sub-paragraphs (b), (c) and (d) of paragraph (4) of each such article shall not apply in relation to any relevant authority and to any land where that authority have, in an instrument in writing signed by the officer appointed for that purpose, indicated to the authority first mentioned in that paragraph that notices of proposals in respect of the land need not be given to them.

Where the land in question is not registered the authority first mentioned in paragraph (4) of each such article shall give a copy of the instrument to the purchaser, lessee or other disponee or to such persons as have been nominated by him.

No claim by the authority first mentioned in this paragraph that land covered by an instrument issued on their behalf was transferred to them by the Local Authorities (England) (Property etc.) Order 1973(5) or the Local Authorities (Wales) (Property etc.) Order 1973(6), as the case may be, shall have effect to affect the title of the purchaser, lessee or other disponee of such land.

(4) The instrument referred to in paragraph (3) may extend to lands specified particularly or by description or to any land.

Staff transfer and protection: Appeals

6.—(1) This article applies to—

(a) the matters set out in (i) to (iv), being matters as to which article 8 of the Water Authorities (Staff Protection and Transfer Schemes) Order 1974(7), articles 11(1), 12 and 13(9) and (10) of the Local Authorities etc. (Staff Transfer and Protection) Order 1974(8) and articles 7(1), 8 and 9(8) and (9) of the Transfer of Police Civilian Staff and Probation Staff Order 1974(9) provided for determination in accordance with the arrangements set out in the Memorandum on Machinery for Staff Appeals enclosed with Circular WSSC 13/74 (Water Services Staff Commission for England and Wales) dated 31st January 1974 and the Memorandum on Staff Appeals enclosed with Circular LGSC 15/73 (Local Government Staff Commission for England) LGSC(W) 12/73 (Local Government Staff Commission for Wales) dated 13th December 1973—

(i) any appeal by an officer to which article 8 of the order first mentioned, article 12 of the order secondly mentioned or article 8 of the order thirdly mentioned would, apart from the provision of this article, apply;

(ii) any question by an officer whether he was or was not employed in any manner specified in article 6 or 8 of the order secondly mentioned or article 4 of the order thirdly mentioned;

(iii) any question by an officer whether duties are reasonably comparable within the meaning of paragraph (6) of article 13 of the order secondly mentioned or paragraph (5) of article 9 of the order thirdly mentioned; and

(iv) any appeal by an officer in respect of new terms and conditions of employment; and

(b) the matters set out in (v) and (vi), being matters as to which the Memorandum secondly mentioned made arrangements for their determination—

(v) any question whether the duties of an officer appointed by a local authority before 1st April 1974 to hold any office or employment before or as from that date who, but for the appointment, would be transferred on 1st April 1974 under section 255 of the Local Government Act 1972 to the employment of any local authority are reasonably comparable to those in which he was engaged immediately before the appointment; and

(vi) any question in relation to the terms and conditions of the employment of such an officer.

(2) Any matter to which this article applies which has not on 17th November 1975 been lodged with a Water Staff Appeals Tribunal or a Staff Appeals Tribunal in accordance with the arrangements set out in the memoranda described in paragraph (1) shall be determined in accordance with the arrangements applicable to the determination of disputes between the officer concerned and the authority by whom he is employed.

Application of certain provisions of Public Health Acts 1875 to 1925

7.  Paragraph 25 of Schedule 14 to the Local Government Act 1972 (which empowers a local authority to resolve that any of the enactments mentioned in the preceding paragraph shall apply throughout their area)—

(a) shall apply to the council of any district to part of which the Home Counties (Music and Dancing) Licensing Act 1926 applies, in relation to section 51 of the Public Health Acts Amendment Act 1890, with the substitution for references to the whole of the area of the local authority of references to the area of the council other than such part; and

(b) shall apply to the district council of Broxbourne, Elmbridge, Epping Forest, Reigate and Banstead or Welwyn Hatfield, in relation to section 171(4) of the Public Health Act 1875 and section 76 of the Public Health Act 1925, with the substitution for references to the whole of the area of the local authority of references to so much of the area of the council as is not included in the metropolitan police district.

Franchise and prescriptive rights

8.—(1) The rights in respect of oyster fishing in the Tamar enjoyed immediately before 1st April 1974 by the corporation or council of the borough of Saltash shall be exercisable by the Town Council of Saltash.

(2) Any manorial rights exercisable immediately before 1st April 1974 by the urban district council of Woodbridge shall be exercisable by the Town Council of Woodbridge.

(3) The power to maintain the Old Town Hall market exercisable immediately before 1st April 1974 by the council of the urban district of Oundle shall be exercisable by the Town Council of Oundle.

(4) Any town council to whom any matter is transferred by paragraph (1), (2) or (3) shall have the same powers in relation thereto as were exercisable immediately before 1st April 1974 by the corporation or council from whom the matter is transferred.

Property, liabilities, contracts etc., notices and proceedings

9.—(1) Paragraph (3), in so far as it relates to Part I of the Schedule to this order, and paragraph (4), are made by the Secretary of State for the Environment.

(2) Paragraph (3), in so far as it relates to Part II of the Schedule to this order, and paragraph (5), are made by the Secretary of State for Wales.

(3) Any property described in column (2) of Part I or II of the Schedule to this order of an authority named in column (1) and all liabilities attaching to the said authority in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority specified in respect of such property in column (3), and—

(i) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the authority named in the said column (1) in respect of such property or liabilities shall be of full force and effect in favour of, or against, the authority specified in column (3); and

(ii) any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the authority named in the said column (1) in respect of such property or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority specified in column (3).

(4) Articles 11, 17, 23, 28, 29, 32, 33, 34(2), 35, 38 and 39 of the Local Authorities (England) (Property etc.) Order 1973 and articles 7 and 8 of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 shall apply as if paragraph (3) and Part I of the Schedule to this order were contained in the said order of 1973.

(5) Articles 11, 17, 23, 27, 28, 31, 32, 33(2), 34, 37 and 38 of the Local Authorities (Wales) (Property etc.) Order 1973 and articles 6 and 8 of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974 shall apply as if paragraph (3) and Part II of the Schedule to this order were contained in the said order of 1973.

Signed by authority of the Secretary of State for the Environment.

John Silkin

Minister for Planning and Local Government

Department of the Environment

7th October 1975

John Morris

Secretary of State for Wales

8th October 1975