The Local Government Area Changes (Amendment) Regulations 1978

Article 4(5)

SCHEDULE 1

“Children

27A.— (1) This regulation shall apply where an area is transferred from one relevant area to another such area, and in this regulation “the transferred area” means the area so transferred and—

“local authority” means the council of a non-metropolitan county, a metropolitan district or a London borough or the Common Council of the City of London;

“the transferor authority”, in relation to any transferred area, means the local authority for the relevant area from which the transferred area is transferred;

“the transferor authority”, in relation to any transferred area, means the local authority for the relevant area to which the transferred area is transferred; and

“relevant area” means a non-metropolitan county, a metropolitan district, a London borough or the City and the Temples.

(2) (a) This paragraph shall apply to any child or young person—

(i) received into the care of the transferor authority under section 1 of the Children Act 1948;

(ii) committed to the care of the transferor authority by an order of the court in England or Wales; or

(iii) placed under the supervision of the transferor authority by an order of the court in England or Wales made under any provision of the Children and Young Persons Act 1969 or any other enactment,

who was on the appointed day in the care, or as the case may be under the supervision, of the transferor authority.

(b) Where a child or young person described in (i) of sub-paragraph (a) was ordinarily resident in the transferred area at the time he was received into care or if he has been so received on more than one occasion when last so received then that child or young person may on or after the appointed day be transferred to the care of the transferee authority. Any question as to such ordinary residence shall be determined as though it arose under section 1 of the Children Act 1948.

(c) Where in the case of a child or young person described in (ii) of sub-paragraph (a)—

such child or young person resided in the transferred area at the time the order of the court was made; or

it had not appeared to the court making the order that such child or young person resided in the area of a local authority but it had appeared that the offence was committed, or the circumstances in consequence of which the order was made arose, in the transferred area,

then that child or young person may on or after the appointed day be transferred to the care of the transferee authority.

(d) Where a child or young person described in (iii) of sub-paragraph (a) is immediately before the appointed day residing in the transferred area, then that child or young person may on or after that day be transferred to the supervision of the transferee authority.

(3) (a) Any functions, powers rights or liabilities vested in or attaching to the transferor authority with respect to a child or young person transferred to the care of the transferee authority under paragraph (2)(b) or (c) shall thereafter vest in the transferee authority.

(b) Any order of the court committing a child or young person to whom paragraph (2)(c) or (d) applies to the care, or as the case may be the supervision, of the transferor authority shall, after the care or supervision of the child or young person is transferred, have effect with the substitution of the name of the transferee authority for that of the transferor authority.

(c) Without prejudice to the provisions of sub-paragraph (a), where functions, powers, rights and liabilities under a resolution passed under section 2 of the Children Act 1948 are transferred under this regulation to a transferee authority, the resolution shall thereafter be deemed to have been passed by the transferee authority.

(4) A transferor n authority may recover from the transferee authority any expenses in respect of any child or young person to whom paragraph (2) applies duly incurred under Part II of the Children Act 1948 or any other enactment by them on or after the appointed day, including any travelling or other expenses incurred in connection with a transfer under paragraph (2)(b).”

Article 4(6)

SCHEDULE 2

“Construction of pre-1967 references to parishes

40A.— (1) The provisions of this regulation—

(a) apply in relation to England outside Greater London;

(b) so apply for the construction of any enactment passed before 22nd March 1967; and

(c) shall have effect subject to any contrary intention which may appear in any such enactment.

(2) Where any part of a parish ceases to form part of any parish, any reference in any such enactment to a parish or an urban parish shall be construed as including a reference to such part of a parish.

(3) Where any part of an area to which paragraph (2), (3) or (4) of paragraph 6 of Schedule 29 to the Local Government Act 1972, as enacted or as extended by article 3(19) of the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974, applies becomes a parish or part of a parish, such paragraph shall cease to apply to the first-mentioned part.”

Article 4(7)

SCHEDULE 3

“Local land charges

49.— (1) This regulation shall apply where an area is transferred from one relevant area to another such area, and in this regulation “transferred area” means an area so transferred and—

“register” means a local land charges register kept in pursuance of section 3(2) of the Local Land Charges Act 1975;

“registering authority” means a registering authority for the purposes of that Act;

“relevant area” means a district or London borough or the City and the Temples;

“the transferor authority”, in relation to any transferred area, means the registering authority for the relevant area from which the transferred area is transferred; and

“the transferee authority”, in relation to any transferred area, means the registering authority for the relevant area to which the transferred area is transferred.

(2) (a) This paragraph shall apply to every transferred area other than one transferred from a transferor authority dissolved by the order to the residuary successor of that authority.

(b) The transferor authority shall immediately before the appointed day supply to the transferee authority an office copy of any registration in the register kept by the transferor authority relating to any land in the transferred area and of any document, map or plan deposited with or filed by the transferor authority in connection with that registration.

(c) The transferee authority shall, within 14 days after the receipt under sub-paragraph (b) of an office copy of any registration and any document, map or plan, enter the particulars of the registration, with any necessary modifications, in the appropriate part of the register kept by them, and file the document, map or plan.

(d) Until all the registration and filing required by sub-paragraph (c) has been carried out and notice thereof has been given under sub-paragraph (e), the following provisions shall have effect in relation to land in the transferred area—

(i) the transferee authority shall notify any person making a personal search in the register kept by that authority that an additional search should be made in the register kept by the transferor authority;

(ii) where a requisition is made for an official search of the register kept by the transferee authority, that authority shall, in addition to making the search required and issuing an official search certificate setting out the result of the search, forward the requisition to the transferor authority;

(iii) subject to paragraph (4), the transferor authority shall permit and make such searches and furnish such office copies and certificates as they would have been required to permit, make and furnish, and shall in relation thereto have the same powers and be subject to the same obligations, as they would have had or been subject to if this regulation and the order had not been made.

(e) On the completion of all the registration and filing required by sub-paragraph (c) the transferee authority shall notify the transferor authority that such registration and filing is complete.

(3) (a) This paragraph shall have effect where a registering authority is dissolved by the order, and in this paragraph—

“the registering authority” means such registering authority;

“the residuary successor” means the residuary successor of the registering authority.

(b) The registering authority shall immediately before the appointed day deliver the register kept by them to the residuary successor, together with any document, map or plan deposited with or filed by the registering authority as such.

(c) On delivery of the register and any document, map or plan under sub-paragraph (b), the residuary successor shall incorporate any registration in the register relating to land in the area transferred to the residuary successor, with any necessary modifications, in the register kept by them, and file any document, map or plan connected with that registration.

(d) Until such incorporation and filing has been completed—

(i) the residuary successor shall notify any person making a personal search in the register kept by them that an additional search should be made in the register delivered under sub-paragraph (b);

(ii) where a requisition is made for an official search of the register kept by the residuary successor, the search shall extend to the registration in the register delivered under sub-paragraph (b) relating to land in the area transferred to the residuary successor;

(iii) subject to paragraph (4), the residuary successor shall in relation to any additional or extended search made under (i) or (ii) above have the same powers and be subject to the same obligations as the registering authority would have had or been subject to if this regulation and the order had not been made.

(e) In the application of paragraph (2)(d) to any area transferred from the registering authority to any authority other than the residuary successor of the registering authority—

• in (i), for “kept by the transferor authority” there shall be substituted “delivered to the residuary successor of the transferor authority under paragraph (3)(b)”;

• in (ii), for “transferor authority” there shall be substituted “residuary successor of the transferor authority”;

• in (iii), for “transferor authority” there shall be substituted “residuary successor of the transferor authority” and for “they” wherever occurring, there shall be substituted “the transferor authority”,

and in the application of paragraph (2)(e) to any such area, for “the transferor authority” there shall be substituted “the residuary successor of the transferor authority”.

(4) The fee paid for the making of any search of a register to which paragraph (2)(d)(i) or (ii) or paragraph (3)(d)(i) or (ii), as the case may be, applies, shall cover any additional or extended search made under such provisions in connection with the first-mentioned search.”

Article 4(8)

SCHEDULE 4

“Rate support grants

51.   In any calculations of the rate support grants for the year beginning on the appointed day or any subsequent year, the changes of areas made by the order shall be deemed to have been effective at all material times.”

Article 4(9)

SCHEDULE 5

“Distribution of payments made by Transport Boards

54A.— (1) In the distribution, under article 4, 5 or 6 of the Transport Boards (Distribution of Payments for Rating Authorities) Order 1977, of the payments made under section 32(5) of and paragraph 4(1) of Schedule 5 to the General Rate Act 1967 by the British Railways Board, the London Transport Executive or the British Waterways Board for the year beginning on the appointed day or any subsequent year, the changes of areas made by the order shall be deemed to have been operative at all material times.

(2) Where the British Railways Board, the London Transport Executive or the British Waterways Board have furnished the information required by article 7(2) of the said order, they shall as soon as may be after the coming into operation of the order furnish to the Secretary of State for the Environment in writing any correction of such information which is necessary.”

Article 4(10)

SCHEDULE 6

“Rating of British Gas Corporation and electricity boards

55.— (1) In the application of the specified provisions to the British Gas Corporation and to the Central Electricity Generating Board and any Area Board in relation to any rate period beginning on or after the appointed day, the changes of rating areas made by the order shall be deemed to have been operative at all material times.

(2) The provisions of Schedule 5 shall have effect in relation to matters provided for by the specified provisions.

(3) In this regulation, “the specified provisions” means—

• in relation to the British Gas Corporation—

  • Section 33 of the General Rate Act 1967 (set out in Schedule 5 to the Gas Act 1972);

  • Any order under section 19 of, and paragraph 3 of Schedule 3 to, the Local Government Act 1974 for the time being in force; and

  • Part II of Schedule 6 to the said Act of 1967 (set out in Schedule 5 to the Gas Act 1972); and

in relation to the Central Electricity Generating Board and any Area Board, section 34 of, and section 7 to, the said Act of 1967.”

Article 4(12)

SCHEDULE 7

“Valuation of hereditaments of Post Office

57.— (1) For the purposes of articles 5 and 6 of the Post Office (Rateable Values) Order 1976 in relation to any year beginning on or after the appointed day, the changes of areas made by the order shall be deemed to have been operative at all material times.

(2) Where the Commissioners of Inland Revenue have notified the amounts of rateable values under paragraph (1) of the said article 5, they shall as soon as may be after the coming into operation of the order notify to the rating authorities any variation of such amounts or of apportionments made under paragraph (3) of the said article which is necessary, and the valuation officer in his action under paragraph (4) of such article shall proceed accordingly.”