The Local Government Area Changes Regulations 1976

Interpretation

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

(2) In these regulations—

“the appointed day” means the day on which the order comes into operation otherwise than for any purposes set out in regulation 4(1);

“as altered” means as altered by any orders under Part IV of the Local Government Act 1972, or paragraph 7 of Schedule 10 thereto, coming into operation on the appointed day;

“byelaws” includes any regulation, scale of charges, list of tolls or table of fees and payments;

“charity”, “charity trustees”, “court” and “trust” have the same meanings as in the Charities Act 1960(1) ;

“the City” means the City of London;

“the City Corporation” means the mayor and commonalty and citizens of the City of London;

“the Common Council” means the Common Council of the City of London;

“dissolved authority” means an authority dissolved by the order;

“exercisable”, in relation to functions, means exercisable otherwise than by virtue of section 101, 110 or 187(2) or (3) of the Local Government Act 1972, section 15 of the Water Act 1973 or article 19 of the Local Authorities etc. (Miscellaneous Provision) Order 1974(2) ;

“local Act” includes an Act confirming a provisional order;

“officer”, in relation to any authority, includes the holder of any office or employment under that authority;

“the order” means the order under Part IV of the Local Government Act 1972, or paragraph 7 of Schedule 10 thereto, for the purposes or in consequence of which the provisions in these regulations become applicable;

“parish authority” means in the case of a parish having a separate parish council that council, and in any other case the parish meeting or the parish trustees of the parish, as may be appropriate;

except in regulation 49 “the proper officer”, in relation to any purpose and any body, means the officer appointed for that purpose by that body;

“residuary successor”, in relation to any dissolved authority, means the authority specified as such in the order;

except in paragraph 6 of Schedule 3 “the Secretary of State”, without more, means the Secretary of State or the Secretaries of State by whom the order is made;

“the Sub-Treasurer” means the Sub-Treasurer of the Inner Temple;

“the Temples” means the Inner Temple and the Middle Temple; and

“the Under Treasurer” means the Under Treasurer of the Middle Temple.

(3) These regulations have effect subject to the provisions of the order.

(4) For the purposes of these regulations and of the order—

(a) an area shall be treated as transferred from any relevant area wherever it ceases on the appointed day to be comprised in that relevant area, whether that area continues to exist or not, and if it does not whether the first-mentioned area constitutes only part of it or the whole;

(b) an area shall be treated as transferred to any relevant area wherever it first comes on the appointed day to be comprised in that relevant area, whether that area previously existed or not, and if it did not whether the first-mentioned area constitutes only part of it or the whole.

In this paragraph, “relevant area” means a county, district, London borough, parish, community, petty sessions area, police area or the area of an area health authority.

(5) In these regulations and in the order, unless the context otherwise requires—

(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.

(6) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation or schedule of a specified instrument, be construed as a reference to the regulation or schedule bearing that number in these regulations.

(7) Any reference in any regulation or schedule of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified instrument, be construed as a reference to the paragraph bearing that number in the first-mentioned regulation or schedule.

(8) Any reference in any paragraph of a regulation or schedule to a numbered sub-paragraph shall, unless the reference is to a sub-paragraph of a specified paragraph, be construed as a reference to the sub-paragraph bearing that number in the first-mentioned paragraph.

(1)

1960

(2)

(1974 I, p. 1690).